Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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. On If, following the Effective Date, EBS is required to relocate the Cable or after the seventh (7th) anniversary any of the Commercial Operation Datefacilities used or required in providing Customer with the IRU, District mayEBS 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 direct such relocation, including, but not limited to, the right to 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 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 EBS under this Article IX. EBS shall deliver to Customer updated as-built drawings consistent with the specifications set forth in Exhibit D with respect to any relocated portion of the System no --------- later than ninety (90) days following completion of the work. EBS shall prepare a budget for the costs associated with such relocation and, except in the event of an emergency, at its option, require that least thirty (30) days prior to beginning such relocation work provide Customer a copy. EBS shall provide information and documentation to Customer sufficient to demonstrate the Solar Facility be permanently relocated, either on basis for and the Site or proportionate amount of the Relocation Costs chargeable to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”)Customer. 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District Customer shall pay Provider’s actual and necessary costs in connection with the relocation Customer's proportionate share of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 Relocation Costs within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation receipt of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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.foregoing information
Appears in 2 contracts
Sources: Iru Agreement (Pathnet Telecommunications Inc), Iru Agreement (Pathnet Telecommunications Inc)
Relocation. On or after The parties acknowledge that the seventh (7th) Company’s principal place of business is currently in Watertown, Massachusetts and Executive’s primary residence is currently in the state of Pennsylvania. Executive agrees to relocate his primary residence to the greater Boston, Massachusetts area prior to the first anniversary of the Commercial Operation DateEffective Time. For the avoidance of doubt, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site or Executive’s failure to another site owned and operated by District, at a location with at least equal Insolation relocate his primary residence to the existing Site greater Boston, Massachusetts area prior to the first anniversary of the Effective Time will constitute a breach of a material provision of this Agreement 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 reasonably acceptable responsibilities under this Agreement. During the first twelve months of the Term or until Executive’s earlier relocation to both Parties 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 (“Additional Base Salary”) to offset the costs of Executive’s travel between Massachusetts and Pennsylvania in performing 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 behalf) Executive’s reasonable moving expenses incurred in connection with Executive’s relocation to the greater Boston, Massachusetts area in an amount not to exceed $75,000 (the “Relocation SiteAllowance”), provided that such relocation occurs prior to the first anniversary of the Effective Time. District shall give Provider at least one-hundred twenty (120) Documentation reasonably acceptable to 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 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 days’ notice year 2018. Executive will be liable and responsible for the employee portion of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs all taxes owed in connection with the relocation Relocation Allowance (to the extent the Company reasonably determines all or a portion of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costsRelocation Allowance constitutes taxable income to Executive) or the Additional Base Salary, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy canCompany may (but will not be generated and delivered required to) deduct or withhold such taxes from any compensation payable to District from Executive by the Solar Facility being relocated, at District Suspension Rate, Company or its affiliates. If (i) Executive’s employment is terminated by the Company for Cause or by Executive other than for Good Reason (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 of agreement on a Relocation Site, Provider will provide District with a calculation either case within 12 months of the estimated time required for such relocationdate Executive relocates to the greater Boston area, or (ii) Executive fails to relocate to the greater 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 total anticipated Company will be entitled (but not required) to deduct the amount of lost revenues and additional costs any such repayment obligations from any amounts otherwise payable to be incurred Executive by Provider as a result the Company or any of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 Districtits affiliates.
Appears in 2 contracts
Sources: Employment Agreement (Selecta Biosciences Inc), Employment Agreement (Selecta Biosciences Inc)
Relocation. On or after City shall have the seventh (7th) anniversary right to relocate RW, from time to time, to another part of the Commercial Operation DateBuilding in which the Premises are located in accordance with the following:
(A) The new Premises shall be substantially the same in size, District maydimensions, configuration, decor and nature as are the Premises described in this Use Agreement and shall be placed in that condition by City at its option, require that the Solar Facility cost.
(B) The physical relocation of RW shall be permanently relocated, either on the Site or to another site owned and operated accomplished by District, City at a location with its cost.
(C) City shall give RW at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 written notice of agreement City's intention to relocate RW to a specified location in the Building. After receipt of such notice, RW shall have thirty (30) days 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 of such notice. City shall have thirty (30) days after receipt of such notice from RW to rescind its notice to relocate RW by written notice to RW.
(D) The relocation of RW shall take place on a Relocation Siteweekend and shall be completely accomplished before the Monday following the weekend in which the relocation takes place. If the relocation has not been completed in that time, Provider will provide District with a calculation of Base Periodic Use Compensation shall fully ▇▇▇▇▇ from the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional relocation commences to the time it is completed.
(E) All reasonable costs to be incurred by Provider RW as a result of such the relocation. District will have twenty , including, without limitation, costs incurred in changing addresses on stationery, business cards, directories, advertising and other reasonable items, shall be paid by City.
(20F) days If the relocated Premises are smaller than the Premises 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 review this Use Agreement evidencing RW's relocation and the calculation and makereduction of Periodic Use Compensation, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 Districtif any.
Appears in 2 contracts
Sources: Use Agreement, Use Agreement
Relocation. On 6.3.1 When SBC-13STATE determines because of zoning changes, condemnation, or after government order or regulation that it is necessary for the seventh (7thDedicated 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) anniversary in writing within five days of the Commercial Operation Datedetermination to move the location. If the relocation occurs for reasons other than an emergency, District may, at its option, require that SBC-13STATE will provide the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location resident Collocator(s) with at least equal Insolation one hundred eighty (180) days advance written notice prior to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District If the Collocator is required to relocate under this Section, the Collocator will not be required to pay any application fees associated with arranging for new space. The Collocator shall pay Providerbe 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 which the Dedicated Space is located or the adjacent space collocation structure for the purpose then used, uneconomical in SBC-13STATE’s actual reasonable discretion. In addition, a Collocator’s presence in SBC-13STATE Central Offices or adjacent space collocation structures should not prevent SBC-13STATE from making a reasonable business decision regarding building expansions or additions to the number of Central Offices required to conduct its business or its locations.
6.3.2 If SBC-13STATE determines that a Collocator must relocate due to any of the above reasons in Section 6, SBC-13STATE will make all reasonable efforts to minimize disruption of the Collocator’s services. In addition, the costs of the move will be shared equally by SBC-13STATE and necessary costs the Collocator, unless the Parties agree to a different financial arrangement.
6.3.3 If the Collocator requests that the Dedicated Space be moved within the Eligible Structure in connection 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 permit the Collocator to relocate the Dedicated Space or adjacent space collocation structure, subject to availability of space and technical feasibility. The Collocator shall be responsible for all applicable charges associated with the relocation move, including the reinstallation of its equipment and facilities and the preparation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costsnew telecommunications equipment space, and Dedicated Space, or adjacent space collocation structure as applicable. In any applicable interconnection fees. District such event, the new Dedicated Space shall additionally compensate Provider for any revenue that Provider would have generated during be deemed the period Dedicated Space and the new Eligible Structure (where applicable) shall be deemed the Eligible Structure in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, Dedicated Space is located and the total anticipated amount of lost revenues and additional costs to new adjacent space collocation structure shall be incurred by Provider as a result of such relocation. District will have twenty (20) days to review deemed the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 Districtadjacent space collocation structure.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District Landlord may, at its optionupon not less than 90 days’ notice to Tenant, require that relocate the Solar Facility be permanently relocated, either Premises to any other premises within the ▇▇▇▇▇▇ Center (“Relocated Premises”) on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties date of relocation (the “Relocation SiteDate”)) specified therein. District The Relocated Premises shall give Provider 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 least one-hundred twenty (120) calendar days’ notice the expense of DistrictLandlord, including the physical move, relocating Tenant’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” existing telephone equipment and other costs set forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes required due to memorialize the relocation (but only the quantity existing immediately prior to the relocation. District shall pay Provider’s actual ) and necessary all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the relocation of the Solar FacilityRelocated Premises, including removal reasonable decorating and design costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 paid by Provider or Provider’s financing parties in connection with the relocation. Within Landlord within thirty (30) days after receipt of agreement on a Relocation Sitethird-party invoices therefor. Tenant shall have the option, Provider will provide District with a calculation effective as of the estimated time required for such relocationRelocation Date, and either to enter into an appropriate lease amendment relocating the total anticipated amount of lost revenues and additional costs Premises, or to terminate this Lease, which option shall be incurred by Provider as a result of such relocation. District will have twenty exercised within fifteen (2015) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 for the Site requiring termination. In the event of a termination occurring under this Section 11, Business Days following receipt of payment from District Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord 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, in which event the date of tender of possession of the Termination ValueRelocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, Provider the aggregate Base Rent for the Relocated Premises shall remove be the Solar Facility same as for the original Premises. Tenant’s failure to vacate the Premises and restore move into the Site in accordance with Section 3Relocated Premises on the Relocation Date shall constitute a Time Sensitive Default. Notwithstanding the foregoing, at no additional cost to DistrictLandlord shall not relocate the Premises during the first 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. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayA. Landlord, at its optionexpense at any time before or during the Lease Term (but not more than twice), require 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 Solar Facility 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 permanently relocatedadjusted in accordance with the formula set forth in this Lease, either on provided that the Site or Additional Base Rental for the Relocation Space shall not exceed the Additional Base Rental for the Premises. Landlord agrees to another site owned and operated reimburse Tenant for all reasonable out-of-pocket costs incurred by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs Tenant in connection with the relocation of the Solar FacilityRelocation and not paid directly by Landlord, including removal coststhe cost of moving furniture and equipment, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costsinstalling cabling and wiring, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during reprinting existing stationery and business cards and similar items of expense.
B. Notwithstanding the period in which energy cannot be generated and delivered to District from the Solar Facility being relocatedforegoing, 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 of agreement on a Relocation Site, Provider will provide District if Landlord provides Tenant with a calculation notice of relocation intending to relocate the estimated time required for such relocationPremises to any location other than the top three (3) floors in the Phase I Building or Phase II Building, and Tenant shall have the total anticipated amount right to terminate this Lease by giving written notice of lost revenues and additional costs termination to be incurred by Provider as a result of such relocation. District will have Landlord within twenty (20) days after the date of Landlord's notice of relocation to review Tenant. Such termination shall be effective sixty (60) days after the calculation and makedate of Landlord's notice of relocation, in writingprovided that Landlord, any objections within ten (10) days after receipt of Tenant's notice of termination, shall have the right to the calculationwithdraw its notice of relocation. If an acceptable Relocation Site cannot be locatedIn such event, this Agreement Lease shall terminate continue in full force and effect as if Landlord had never provided Tenant with respect to the applicable 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 for the Site requiring termination. In the event notice 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 Districtrelocation.
Appears in 2 contracts
Sources: Standard Form Office Lease (Viewlocity Inc), Office Lease (Viewlocity Inc)
Relocation. On or When it is necessary to relocate 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 seventh (7thscheduled working day following the March Break.
2) anniversary Prior to relocation, the Union shall be notified of the Commercial Operation Datenames, District mayseniority, at its optionrank, require that and work locations of all Employees affected by relocation and will be provided with the Solar Facility be permanently relocated, either on the Site or to another site owned description and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice list of District’s need to move or relocate the Solar Facilityall current Educational Assistant vacancies. Following agreement on a Relocation Siterelocation, the Parties Union will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation be notified of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, new assignments for relocated Educational Assistants as per Article 13.10.
3) The Student Support Services Department will assess school needs and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would determine where needs have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents increased or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticedecreased. 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 acceptable Relocation Site canEmployee is not placed into a selected vacancy, the Employee shall be agreed uponrelocated 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, District shall pay Provider an amount equal 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 Termination Value Employee may choose his/her home location from the original location or the new location. The Employee will have not less than ten (10) working days to choose which location he/she opts to retain as his/her home location for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District remainder of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districtschool year.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Relocation. On or after Subject to the seventh (7th) anniversary requirements established in this Agreement for notification and coordination, if, in VCTC’s sole determination, the location of the Commercial Operation DateEasements or configuration of any of the Work, District mayinterfere or inhibit any of VCTC’s operations, at its option, require that Developer shall within ninety (90) days after prior written notice from VCTC and the Solar Facility be permanently relocated, either on grant of the Site New Easement or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties such additional time as is commercially reasonable for such relocation (the “Relocation SitePeriod”) 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”). District VCTC and Developer agree that upon completion of the new relocated facilities, and approval of such relocated facilities by VCTC and appropriate regulatory agencies, Developer and VCTC shall give Provider at least one-hundred twenty (120terminate the previous Easement(s) calendar days’ notice of District’s need and such Easement(s) shall be quitclaimed from Developer to move or relocate the Solar Facility. Following agreement on a Relocation SiteVCTC without expense to VCTC, the Parties will amend this Agreement to memorialize the required changes and any and all interest in the definition VCTC Property conveyed to Developer in the previous Easement(s) shall automatically revert to VCTC or its assigns and successors, without the necessity of “Site” any further action to effect such reversion. Notwithstanding the foregoing, VCTC shall only require relocation of the Rail Crossing and other changes required to memorialize the relocation. District shall pay Provider’s actual Rail Crossing Easement, Utilities and necessary costs Utilities Easement in connection with work carried out in furtherance of a project necessary to fulfill the relocation mission of the Solar Facility, including removal costs, necessary storage costs, reVCTC as that mission is set forth in the Ventura-installation, Governmental Approvals, reSanta Clarita Rail Corridor Study adopted in 1993; Santa ▇▇▇▇▇ ▇▇▇▇▇▇ Line Master Plan adopted in 1996; Ventura Rail Right-design, engineering, site work, reof-commissioning costs, Way Restoration Study adopted in 1998; Santa ▇▇▇▇▇ ▇▇▇▇▇▇ Line Management and 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 applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, amendments thereto as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required adopted by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticeVCTC. In the event that an acceptable Relocation Site cannot 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 relocation shall 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 Districtpayable by Developer.
Appears in 2 contracts
Sources: Construction and Non Exclusive Easement Agreement, Construction and Non Exclusive Easement Agreement
Relocation. On Landlord expressly reserves the right before possession or after commencement and during the seventh (7th) anniversary term of the Commercial Operation Date, District maythis Lease, at its optionsole cost and expense, require to remove the Tenant from the Leased Premises and relocate the Tenant to some other space of Landlord'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 existing Leased Premises or other materials, so that the Solar Facility 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 within the Building and the new space is at that time leasing for a higher rate of Rent per square foot of Net Rentable Area, then Tenant shall not be permanently 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 rate of Rent per square foot of the Net Rentable area less than the rate of Rent per square foot of the Net Rentable Area of the existing Leased Premises at that time, Tenant's Rent per square foot shall be reduced to the Rent 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 no rights granted in this Lease to Tenant, including, but not limited to the right of peaceful and quiet enjoyment, shall be deemed to have been breached or interfered with by reason of Landlord's exercise of the right of relocation reserved in this Paragraph. Landlord's sole obligation for costs and expenses of removal and relocation shall be the actual cost of relocating and decorating the space in which tenant is relocated, either on and Tenant agrees that Landlord's exercise of its election to remove and relocate Tenant shall not terminate this Lease or release the Site Tenant, in whole or in part, from the Tenant's obligation to another site owned pay the rents and operated by District, at perform the covenants and agreement hereunder for the full term of this Lease. Landlord will endeavor to relocate Tenant with a location with at least equal Insolation minimum of disturbance to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costsTenant's business, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocatedsuch period, at District Suspension Rateif any, as defined below, prorated as needed Tenant is unable 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 conduct its business during and because of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement Rent shall terminate with respect to the applicable 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 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 2 contracts
Sources: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)
Relocation. On or When it is necessary to relocate 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 seventh (7thscheduled working day following the March Break.
2) anniversary Prior to relocation, the Union shall be notified of the Commercial Operation Datenames, District mayseniority, at its optionrank, require that and work locations of all Employees affected by relocation and will be provided with the Solar Facility be permanently relocated, either on the Site or to another site owned description and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice list of District’s need to move or relocate the Solar Facilityall current Educational Assistant vacancies. Following agreement on a Relocation Siterelocation, the Parties Union will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation be notified of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, new assignments for relocated Educational Assistants as per Article 13.10.
3) The Special Education Department will assess school needs and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would determine where needs have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents increased or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticedecreased. 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 acceptable Relocation Site canEmployee is not placed into a selected vacancy, the Employee shall be agreed uponrelocated 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, District shall pay Provider an amount equal 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 Termination Value Employee may choose their home location from the original location or the new location. The Employee will have not less than ten (10) working days to choose which location they opt to retain as their home location for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District remainder of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districtschool year.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionsole expense and discretion, may require that Tenant to relocate any or all of the Solar Facility be permanently relocated, either Equipment and Connecting Equipment located on the Site 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 to another site owned relocate Tenant’s Equipment or Connecting Equipment, as the case may be, Tenant shall within sixty (60) days either: (i) terminate this License upon written notice to Landlord; or (ii) commence efforts to relocate the Equipment or the Connecting Equipment, as the case may be, and operated by District, at a location complete their relocation with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-on hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation days of the Solar Facilitydate of Landlord’s original notice to Tenant to relocate, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District in which event Landlord shall additionally compensate Provider reimburse Tenant for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered reasonable, actual, out-of-pocket costs or expenses paid by Tenant to District from the Solar Facility being relocated, 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 third parties in connection with the such relocation. Within thirty (30) days Landlord will permit Tenant to perform a standard cutover procedure, if required by any relocation of agreement on 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 Relocation Site, Provider will provide District with a calculation portion of the estimated time required 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 such relocationthe 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 total anticipated amount re-installation of lost revenues the Equipment may commence. All Equipment shall be re-installed in strict accordance with the specifications previously approved by Landlord and additional costs in effect at the time of the Equipment’s removal. Landlord shall have no liability to be Tenant or any third-party for any losses incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation relocation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 Districtre-installation.
Appears in 1 contract
Relocation. On If Landlord shall reasonably determine that it is necessary due to structural or after environmental issues at the seventh (7th) anniversary of the Commercial Operation Datebuilding, District mayLandlord, at its optionexpense, require at any time before or during the 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 Solar Facility be permanently relocated, either on total monthly Base Rent for the Site or Relocation Space shall in no event exceed the total monthly Base Rent for the premises prior to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District Landlord shall pay ProviderTenant’s actual March 9, 2004 Matter ID Number: 11424 10 reasonable costs of relocation, including all costs for moving Tenant’s furniture, equipment, supplies and necessary costs 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 connection with the Relocation Space in the manner and to the extent such cabling existed in the Premises prior to the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and makeshall, in writingaddition, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 Tenant a relocation fee equal to the Termination Value for the Site requiring termination. In the event 10% of a termination occurring all costs reimbursed to Tenant by Landlord under this Section 1121. Notwithstanding the foregoing, following 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 payment from District Tenant’s notice of termination, shall have the Termination Valueright to withdraw its notice of relocation. In such event, Provider this Lease shall remove the Solar Facility continue in full force and restore the Site in accordance effect as if Landlord had never provided Tenant with Section 3, at no additional cost to Districta notice of relocation.
Appears in 1 contract
Relocation. On or after The Landlord shall have the seventh (7th) anniversary right, in its sole discretion, from time to time, on not less than 60 days’ written notice to the Tenant, to relocate the Premises to other premises within the Project having approximately the same area as the Premises. The Landlord shall be entitled to designate the location of the Commercial Operation Datenew premises and the date by which the Tenant must relocate to the new premises, District mayand such location and date shall be specified in the written notice. As of the date so specified, at 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 option, require that the Solar Facility be permanently relocated, either sole discretion by another notice in writing extended such date. The Tenant shall on the Site or to another site owned and operated by District, at a location with at least equal Insolation date set out in the notice from the Landlord relocate to the existing Site other premises and reasonably acceptable vacate the Premises, and the provisions of Section 9.3 shall apply in respect of the Premises on such date. If the Landlord relocates the Premises prior to both Parties (occupancy of the “Relocation Site”). District Premises by the Tenant, it shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need 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 relocate materials not usable in the Solar Facilityalternate premises. Following agreement on a Relocation SiteIf the Landlord relocates the Tenant after occupancy of the Premises by the Tenant, the Parties will amend this Agreement Landlord shall provide the relocated premises improved to memorialize a standard and using materials of approximately the required changes same quality as the Leasehold Improvements which exist in the definition existing Premises at the time of “Site” relocation and other changes required to memorialize will reimburse the relocation. District shall pay Provider’s actual and necessary Tenant (upon receipt of copies of receipted third party invoices) for direct costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 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. Within thirty (30) days In no case will the Tenant be reimbursed or compensated for indirect costs including overhead, overtime charges or loss of agreement on a Relocation Site, Provider profits and the Tenant will provide District 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 calculation minimum of disruption to the Tenant’s business. The Landlord and the Tenant shall enter into a lease amending agreement in the Landlord's standard form to confirm the terms of the estimated time required for such relocationrelocation including, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writingwithout limitation, any objections adjustment to the calculation. If an acceptable Relocation Site cannot be located, Basic Rent if the Rentable Area of the relocated premises is different than the Rentable Area of the existing Premises and to confirm that all other terms and conditions of this Agreement Lease shall terminate apply with respect to the applicable 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 relocated premises for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District remainder of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to DistrictTerm.
Appears in 1 contract
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by Districtsole expense, at a location with at least equal Insolation any time before or during the Term, may relocate Tenant from the Premises to the existing Site space of reasonably comparable size, window lines, utility and reasonably acceptable to both Parties improvements (the “Relocation SiteSpace”)) within the Building or a comparable building in the business park of which the Building is a part upon ninety (90) days prior notice to Tenant. District shall give Provider at least one-hundred twenty (120) calendar days’ notice From and after the date of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Siterelocation, the Parties Fixed Basic Rent and Tenant’s Percentage will amend this Agreement to memorialize be adjusted based upon the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation gross rentable area of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during Relocation Space; but in no event will the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents Fixed Basic Rent or releases reasonably required by Provider or ProviderTenant’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider Percentage increase as a result of such relocation. District Landlord will pay Tenant the actual, reasonable out of pocket moving costs incurred by Tenant in connection with such relocation. Landlord will have twenty (20) days to review no liability for any interference with Tenant’s business resulting from such relocation. Landlord shall bear and pay for the calculation cost and makeexpense of any such relocation including, in writingbut not limited to, the moving of any objections to furniture and equipment and the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticereprinting of existing stationery. In connection with any such relocation, the event that an acceptable Landlord shall, at its own cost and expense, furnish and install in (or, if practicable, relocate to) the Relocation Site cannot be agreed uponSpace all walls, District shall pay Provider an amount equal to the Termination Value partitions, floors, floor coverings, ceilings, fixtures, wiring and plumbing, if any, together with Tenant’s trade fixtures, equipment, furniture, furnishings and other personal property required for the Site requiring terminationTenant's proper use and occupancy thereof, all of which items shall be comparable in quality to those situated in the Premises. In the event of a termination occurring under this Section 11The Landlord shall make reasonable efforts to minimize such interference and, following receipt of payment from District of the Termination Valueif requested by Tenant, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3relocate Tenant during Saturdays, at no additional cost to District.Sundays and/or Business Holidays
Appears in 1 contract
Sources: Short Form Lease (Geron Corp)
Relocation. On In addition to the adjustments to the Premises ---------- required by the Migration Plan, Landlord may at any time during the term (and any number of times during the term), by written notice to Tenant, elect, subject to Tenant's approval (which approval shall not be unreasonably withheld or after the seventh (7th) anniversary delayed), to relocate any portions of the Commercial Operation DatePremises to new premises on the Property. The foregoing relocation right shall not apply to certain portions of the Premises 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 reasonably comparable in size; (ii) shall be comparable in physical characteristics relating to use (i.e., District maylaboratory space or office space); (iii) shall be comparable in amenities; (iv) shall reasonably accommodate the specific requirements of Tenant related to its then current use and activity of that particular portion of the Premises proposed for relocation, and (v) shall not separate concentrations of space within the Premises that are currently adjacent and in which occupants work interactively into separate locations that are not reasonably proximate in location to each other. Tenant agrees that at its optionthe time Landlord makes an election to relocate the Premises and seeks Tenant's approval, require 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 review plans for such finish work and alterations and may not refuse approval if the proposed relocation space, as it is to be altered or finished, would satisfy the criteria; provided that such alterations shall be made to the proposed relocation space before Tenant is required to move. Landlord shall pay the costs of any alterations or finish to the relocation space and all other reasonable, third party costs incurred by Tenant in moving to the 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 Solar Facility be permanently relocated, either on the Site or to another site owned relocation space is ready for Tenant's use and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 relocationoccupancy. Within thirty (30) days after Landlord delivers written notice to Tenant of agreement on a Relocation Siterequired relocation, Provider will provide District with 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 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 Percentage Share. Landlord and Tenant shall execute a written amendment to this Lease adjusting the Exhibits hereto which describe the Premises, the calculation of the estimated time required rent, Tenant's Percentage Share and providing for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider other adjustment as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 Districtreasonably necessary.
Appears in 1 contract
Sources: Campus Lease (Monsanto Co /New/)
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District Landlord may, at its optionupon 90 days notice to Tenant, require that relocate the Solar Facility be permanently relocated, either Premises to any other premises within the Property (“Relocated Premises”) on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties date of relocation (the “Relocation SiteDate”)) specified therein. District The Relocated Premises shall give Provider 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 least one-hundred twenty (120) calendar days’ notice the expense of DistrictLandlord, including the physical move, relocating Tenant’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” existing telephone equipment and other costs set Forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes required due to memorialize the relocation (but only the quantity existing immediately prior to the relocation. District shall pay Provider’s actual ) and necessary all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the relocation of the Solar FacilityRelocated Premises, including removal reasonable decorating and design costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 paid by Provider or Provider’s financing parties in connection with the relocation. Within Landlord within thirty (30) days after receipt of agreement on a Relocation Sitethird-party invoices therefor. Tenant shall have the option, Provider will provide District with a calculation effective as of the estimated time required for such relocationRelocation Date, and either to enter into an appropriate lease amendment relocating the total anticipated amount of lost revenues and additional costs Premises, or to terminate this Lease, which option shall be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 for the Site requiring termination. In the event of a termination occurring under this Section 11, exercised within 10 Business Days following receipt of payment from District Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord 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, in which event the date of tender of possession of the Termination ValueRelocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, Provider the aggregate Base Rent for the Relocated Premises shall remove be the Solar Facility same as for the original Premises. Tenant’s failure to vacate the Premises and restore move into the Site in accordance with Section 3, at no additional cost to DistrictRelocated Premises on the Relocation Date shall constitute a Time Sensitive Default.
Appears in 1 contract
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by Districtexpense, at a location with at least equal Insolation any time before or during the Term, may relocate Tenant from the Premises to the existing Site space of reasonably comparable size, window lines, utility and reasonably acceptable to both Parties improvements (the “Relocation SiteSpace”)) within the Building or business park of which the Building is a part upon ninety (90) days prior notice to Tenant. District shall give Provider at least one-hundred twenty (120) calendar days’ notice From and after the date of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Siterelocation, the Parties Fixed Basic Rent and Tenant’s Percentage will amend this Agreement to memorialize be adjusted based upon the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation gross rentable area of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during Relocation Space; but in no event will the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents Fixed Basic Rent or releases reasonably required by Provider or ProviderTenant’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider Percentage increase as a result of such relocation. District Landlord will pay Tenant the actual, reasonable out of pocket moving costs incurred by Tenant in connection with such relocation. Landlord will have twenty (20) days to review no liability for any interference with Tenant’s business resulting from such relocation. Landlord shall bear and pay for the calculation cost and makeexpense of any such relocation including, in writing, the moving of any objections to furniture and equipment and the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticereprinting of existing stationery. In connection with any such relocation, the event that an acceptable Landlord shall, at its own cost and expense, furnish and install in (or, if practicable, relocate to) the Relocation Site cannot be agreed uponSpace all walls, District shall pay Provider an amount equal 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 the Termination Value Tenant) required for the Site requiring terminationTenant's proper use and occupancy thereof, all of which items shall be comparable in quality to those situated in the Premises. In the event of a termination occurring under this Section 11The Landlord shall make reasonable efforts to minimize such interference and, following receipt of payment from District of the Termination Valueif requested by Tenant, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3relocate Tenant during Saturdays, at no additional cost to DistrictSundays and/or Business Holidays.
Appears in 1 contract
Relocation. On or after one (1) occasion following the seventh date of execution of this Lease by Landlord and Tenant, on at least ninety (7th90) anniversary days’ prior notice to Tenant, Landlord shall have the right to move Tenant out of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned Premises and operated by District, at a location with into premises having at least equal Insolation to floor space and linear fenestration of windows located on the existing Site top two (2) floors of the Building for the duration of the Term. In the event Landlord exercises this right of relocation, Landlord shall decorate and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes construct improvements in the definition of “Site” new premises equivalent to those in the Premises and remove, relocate and reinstall Tenant’s Property including furniture, trade fixtures, furnishings, cabling, wiring, equipment and other changes required personal property, and, if installed in the Premises, submeters equivalent to memorialize those in the relocationPremises to measure Tenant’s use of electricity, all at the sole cost and expense of Landlord. District When the substitute new premises are ready for delivery by Landlord, Tenant shall pay Provider’s actual and necessary costs in surrender the Premises. In connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, Landlord shall, at Landlord’s sole cost and expense, (i) if such relocation causes a change in Tenant’s address at the total anticipated amount Premises shown on Tenant’s letterhead and business cards, provide Tenant with a reasonable supply of lost revenues new letterhead and additional costs to be business cards reflecting such changed address and (ii) reimburse Tenant for the actual reasonable out-of-pocket cost incurred by Provider as Tenant in printing and mailing to Tenant’s vendors and customers having contact with Tenant at the Premises a result notice of such relocation. District will have twenty (20) days to review the calculation and make, in writing, Following any objections to the calculation. If an acceptable Relocation Site cannot be locatedsuch relocation, this Agreement Lease shall terminate with respect to continue in full force and effect except for the applicable Sitedescription of the Premises and Tenant’s Share which, upon Provider’s thirty (30) days’ written notice. In completion of such relocation, shall be deemed amended to describe the event that an acceptable Relocation Site cannot be agreed uponsubstitute new premises and pro rata share, District respectively, to which Tenant 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 have been relocated in accordance with this Section 314.17. The Fixed Rent and Tenant’s Share shall be adjusted to reflect the size of the new premises, at no additional cost to Districtbut such adjustment shall not increase said Fixed Rent or Tenant’s Share, regardless of the size of the new premises.
Appears in 1 contract
Sources: Lease Agreement (Teltronics Inc)
Relocation. On or Subject to the terms and conditions of this Section 2.7, at any time after the seventh execution of this Lease, Landlord shall have the one time right, but not the obligation, to relocate Tenant from the Premises into any other premises of approximately the same size, quality, and layout, located on the third (7th3rd) anniversary floor of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties Building (the “Relocation SitePremises”). District Such Relocation Premises shall give Provider 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 provide Tenant with written notice of its election to relocate at least oneforty-hundred twenty five (12045) calendar days’ Business Days prior to the actual relocation date selected by 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 of District’s need 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 an allowance (the “Relocation Allowance”) equal to the reasonable out-of-pocket moving expenses actually incurred by Tenant to move or relocate from the Solar Facility. Following agreement on a Premises to the Relocation SitePremises (including the physical move from the Premises to the Relocation Premises, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection expenses associated with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costsTelecommunication 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 applicable interconnection feesmanner due to the relocation); 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 unreasonably withheld. District Tenant shall additionally compensate Provider be solely responsible for any revenue that Provider would have generated during the period in which energy cannot be generated costs and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be expenses incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate it with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticerelocation in excess of the Relocation Allowance. In the event that an acceptable Relocation Site cannot The work to 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 performed under this Section 11, following receipt 2.7 is subject to the union labor requirement as set forth in the Section 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 Districtthis Lease captioned “Tenant’s Work Performance”.
Appears in 1 contract
Sources: Office Lease (Mannkind Corp)
Relocation. On or after Prior to the seventh (7th) anniversary last two years of the Commercial Operation DateRenewal Term (but not during the initial Term) and only once during the Renewal Term, District mayLandlord, at its optionsole expense, on at least one hundred fifty (150) days’ prior written notice to Tenant (“Relocation Notice”) may require that Tenant to move from the Solar Facility be permanently relocated, either on Premises to another suite of substantially comparable size and decor in the Site 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 site owned tenant in the Building. In the event of any such relocation, Landlord shall pay all the expenses of preparing and operated by District, at a location with at least equal Insolation decorating the New Premises so that they will be substantially similar to the existing Site Premises and reasonably acceptable shall also pay the expenses of moving Tenant’s furniture and equipment to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” New Premises as well as any other reasonable and other changes required to memorialize necessary costs arising directly from the relocation. District In the event the New Premises is larger than the Premises, the Fixed Rent payable by Tenant shall pay Provider’s actual and necessary costs in connection with 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 Solar Facilityproposed New Premises. If Tenant, including removal costsin its sole discretion, necessary storage costsdoes not approve of the New Premises, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would reason, then Tenant shall have generated during the period in which energy cannot be generated and delivered right to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed terminate this Lease by sending written notice 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 Landlord within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation receipt of the estimated time required Relocation Notice. Such termination shall be effective as of the date proposed by Landlord for such relocation, and relocation in the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticeNotice. In the event that Landlord or an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal affiliate of Landlord constructs a sister building to the Termination Value for Building, Landlord shall use best efforts to relocate Tenant and Tenant’s affiliate ▇▇▇▇▇ & Company to 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 Districtsister building.
Appears in 1 contract
Relocation. On LESSOR may relocate TENANT’s facilities or after the seventh (7th) anniversary of the Commercial Operation Dateany part thereof, District may, at its option, require to an alternate ground location on LESSOR’s property that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and is reasonably acceptable to both Parties TENANT, provided, however, that any relocation will: (i) be at TENANT’s sole cost and expense if such relocation request occurs only one (1) time during the term of the 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 TENANT’s facilities; (iv) not impair or in any manner alter the quality of communications 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 parties and at TENANT's sole expense. If relocation is required more than one (1) time and or not required due to one of the reasons provided in item (i) above, then LESSOR shall pay fifty percent (50%) of the cost of relocation (such cost to 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 proposed redevelopment/relocation date (the “Relocation SiteNotice”). District In the Relocation Notice, ▇▇▇▇▇▇ will propose an alternate site on LESSOR’s property, provided such alternate site is reasonably available, to which TENANT may relocate the TENANT’s facilities. TENANT will have sixty (60) days from the date 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 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 Agreement”) and schedule for relocation (“Relocation Period”). Notwithstanding anything to the contrary 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 TENANT prior thereto has used good faith efforts to effectuate such relocation, the parties agree to extend such Relocation Period for an additional reasonably mutually agreeable time period, but in no event shall give Provider at least one-such time period exceed one hundred twenty (120) calendar days’ notice . However, if the parties are unable to agree upon a Relocation Site within the 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 Districtthe TENANT’s need facilities or any part thereof, to move or relocate the Solar Facility. Following agreement on a Relocation Site, all references to the Parties will amend this Agreement to memorialize the required changes Site in the definition Agreement will be deemed to be references to the Relocation 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 other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs TENANT agree that in connection with no event will the relocation of the Solar FacilityTENANT’s facilities or any part thereof, including removal costsaffect, necessary storage costsalter, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and modify or otherwise change any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, terms and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District conditions of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to DistrictAgreement.
Appears in 1 contract
Sources: Option and Lease Agreement
Relocation. On A. Subject 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 of Licensee's equipment installed on or after in the seventh (7th) anniversary 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 Commercial Operation Date, District operational needs or plans of OUC. OUC may, at in its optionsole 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 Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation Agreement pursuant to the existing Site 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 reasonably acceptable only by) delivering written notice (the “Notice”) to both Parties 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 which period Licensee shall have the right to 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 date of the Notice to determine the feasibility of the proposed relocation site. Any relocation site which OUC and Licensee agree upon in writing shall be referred to hereinafter as the “Relocation Site”). District Licensee shall give Provider at least one-hundred twenty have a period of One Hundred Eighty (120180) calendar days’ notice days after execution of District’s need to move or relocate the Solar Facility. Following a written agreement on a Relocation Site, between the Parties will amend this Agreement concerning the location and dimensions of the Relocation Site to memorialize relocate its Equipment to the Relocation Site at Licensee’s expense.
C. In the event of relocation, removal or alteration of facilities which is required changes in the definition of “Site” and other changes required by a governmental agency with proper authority to memorialize require the relocation, removal, or alteration of OUC Facilities, OUC shall notify Licensee as soon as reasonably possible of the requirement and schedule. District Licensee shall pay Providerbe responsible for its pro-rata share of costs associated with such relocation, removal or alteration of Licensee’s actual Equipment; however, any costs resulting from the accommodation of third parties shall be borne by such third parties. Licensee shall reimburse OUC within thirty (30) calendar days of receipt of OUC’s invoice for OUC’s cost and necessary costs expenses incurred in connection with any relocation work that relates solely to Licensee’s Equipment. When costs are reimbursed by a governmental agency or third party whose requirements necessitate such relocation work, Licensee shall receive a credit to the extent of any reimbursement actually received by OUC for the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection feesLicensee’s Equipment. District shall additionally compensate Provider for any revenue that Provider would have generated during If the period in which energy cannot be generated and delivered to District from relocation materially changes the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation character of the estimated time required Property licensed to Licensee, the annual fee for such relocation, and the total anticipated amount Site License shall be increased or decreased upon mutual agreement of lost revenues and additional costs the parties to be incurred reflect the actual Property then being used by Provider Licensee. In the event OUC is unable to provide a mutually acceptable alternate Property as a result of such this relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, 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 with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticeSite License without further liability or obligation. In the event that an acceptable 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. 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 Site, all references to the site in the agreement shall be deemed to be references to the Relocation Site. OUC and Licensee hereby agree that the Relocation Site cannot (including the access and utility right of way) must be agreed uponsurveyed by a licensed surveyor at the sole cost of Licensee, District 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 pay Provider an amount equal to the Termination Value for 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 requiring termination. License.
F. In the event of a termination occurring under this Section 11an emergency related to Licensee’s Equipment, following receipt OUC shall make all reasonable efforts to dispatch its personnel within two (2) hours of payment from District 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 the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to DistrictLicensee's Equipment.
Appears in 1 contract
Relocation. On or after the seventh (7th) anniversary Each company performing any of the Commercial Operation Datetasks set forth in this Section F (Relocation), District maywhether it is the CONSULTANT or any of its sub-consultants, at its optionshall be currently prequalified by INDOT’s Prequalification Division in Work Type 12.8 (Relocation) referenced in INDOT’s Consultant Prequalification Manual. The CONSULTANT shall make every reasonable effort to expeditiously complete relocation activities for assigned parcel(s). The CONSULTANT shall make prompt contact with the relocate to explain all relocation entitlements for which the relocate is eligible. In accomplishing the above, require that the Solar Facility CONSULTANT shall do the following:
1. Make all reasonable efforts to personally contact each owner or their designated representative and explain all relocation entitlements. When all efforts to make personal contact have failed, or in the event the property owner resides out of state, the owner may be permanently relocated, either on the Site contacted by certified mail or to another site owned and operated by District, at a location with at least equal Insolation other means appropriate to the existing Site situation and reasonably acceptable to both Parties approved by INDOT.
2. The CONSULTANT shall give the owner the brochure published by the U.S. Department of Transportation, Federal Highway Administration, which is entitled “Relocation: Your Rights and Benefits as a Displaced Person Under the Federal Relocation Assistance Program” (the “Relocation SiteBrochure”). District The Relocation Brochure will be first provided to the parcel owner not later than the first contact when the relocation entitlements are discussed. The CONSULTANT shall give Provider at least one-hundred twenty (120maintain adequate records for each parcel containing, but not limited to:
1. The date, time and place of each contact,
2. The parties of interest contacted,
3. A detailed list of the relocation entitlements explained, and
4. The signature of the CONSULTANT and the person contacted on all applicable relocation forms. If the person contacted refuses to sign, this must be noted on all applicable forms. The CONSULTANT further agrees that the parcel(s) calendar days’ notice shall be sufficiently documented to meet the minimum standards set out in the Title 49 Regulations. The CONSULTANT further agrees to follow accepted principles and techniques of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Siteprocess in accordance with State Law, the Parties will amend RED Manual, this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costsAppendix “A”, and any applicable interconnection feesinterpretation of the foregoing furnished by INDOT. District Any parcel that does not meet such requirements shall additionally compensate Provider for any revenue be further documented without additional compensation to the CONSULTANT. The CONSULTANT will undertake all correspondence, complete all forms, and retain copies of all documentation that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as is 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 demonstrate that the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 relocation process was completed in accordance with Section 3the RED Manual, at no additional cost to Districtstate law, and federal law.
Appears in 1 contract
Sources: Consulting Contract
Relocation. On SRP may relocate all or after the seventh (7th) anniversary any portion of the Commercial Operation DateFiber: (i) if a third party with legal authority to do so orders such relocation or exercises its power of eminent domain (e.g., District maythrough 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 its optionthe time of Fiber Acceptance, require that or any relocation or portion thereof made pursuant to clause (iii), shall be considered a “Voluntary Relocation”. In the Solar Facility be permanently relocatedcase of a Voluntary Relocation, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties SRP will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider reimburse Licensee for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional reasonable direct costs to be incurred by Provider 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 direct such relocation or Voluntary Relocation, including, but not limited to, the right to determine the 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 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 Licensee updated route and access point maps and ring diagrams with respect to a relocated portion of the Fiber not later than one hundred eighty (180) days following the completion of such relocation. District Voluntary Relocation of the Licensed 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 (180) days (or such lesser period of notice that SRP may have received) prior written notice of any such relocation and such notice shall include an estimate of the costs which are likely to be incurred in connection with such relocation. Licensee will have twenty the option, exercisable in writing within fifteen (2015) days after receipt of written notice of such relocation from SRP, to review participate in the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate relocation with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticeaffected Segment. In the event that an acceptable Relocation Site canLicensee chooses not to participate in the relocation, then Licensee will be agreed uponpermitted (at Licensee’s cost) to connect into the remaining Segments at mutually agreeable Splice Points. If Licensee chooses to participate in the relocation, District Licensee shall pay Provider an amount equal reimburse SRP (to the Termination Value extent SRP has not been reimbursed by third Parties requiring said relocation) for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District Pro Rata Share of the Termination Valuecosts 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), Provider provided that, upon request by Licensee, SRP shall remove the Solar Facility provide supporting documentation of all such costs and restore the Site in accordance with Section 3, at no additional cost to Districtamounts.
Appears in 1 contract
Sources: Master Fiber License Agreement (Eschelon Telecom Inc)
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionexpense, require at any time before or during the 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 Solar Facility be permanently relocatedBuilding 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, either provided that if Landlord shall relocate Tenant from the portion of the Premises located on the Site 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 another site owned relocate Tenant during the period beginning October 15th of any calendar year and operated by Districtending 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), at 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 location with at least equal Insolation 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 existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes extent such cabling existed in the definition of “Site” and other changes required Premises (or the applicable portion thereof) prior to memorialize the relocation. District Notwithstanding anything to the contrary contained in this Section 21, Landlord shall pay Provider’s actual and necessary costs in connection with the relocation have no right, pursuant to this Section 21, to relocate Tenant from any portion of the Solar FacilityPremises, including removal costsother than from the portion of the Premises located on the 3rd floor, unless: (i) such relocation is necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning coststo enable a Qualified Tenant (defined below) to lease such portion of the Premises, and (ii) such portion of the Premises is located either (a) adjacent to all or any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during portion of the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as Qualified Space (defined below) on the same floor of the Building, prorated as needed to apply or (b) 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 of agreement on a Relocation Site, Provider will provide District with a calculation floor of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as Building located immediately above or below a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, floor containing all or any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District portion of the Termination ValueQualified Space. As used herein, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to District."
Appears in 1 contract
Relocation. On Relocation assistance to each displaced person shall be in accordance with the standards required in the Department’s R/W Procedures Manual, 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 after other electronic storage, per the seventh FDOT Project Manager) within three (7th3) anniversary working days of receipt.
(b) Comply with all requirements, policies and procedures of the Commercial Operation DateDepartment.
(c) When requested, District mayprepare Conceptual Stage Relocation Plans in accordance with the Department’s R/W Procedures Manual.
(d) If directed to do so, at its optionresearch and prepare a Relocation Needs Assessment Survey in accordance with FDOT's R/W Procedures Manual, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation submit to the existing Site FDOT Project Manager for review and reasonably acceptable to both Parties FDOT Relocation Administrator approval. This Relocation Needs Assessment Survey must be submitted within sixty (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 (3060) days of agreement on a Relocation Site, Provider will provide District with a calculation the date of the estimated time required for such relocationappropriate 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 the total anticipated amount needs of lost revenues individuals, families and additional costs business operations to be incurred by Provider as 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 result 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 such relocationthe business to accomplish the move. District Document any expressed need for outside specialists that will have twenty (20be required to assist in planning the move and identify personalty/realty issues;
9) days 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 review the calculation and make, in writing, identify any objections registered agents for those businesses. The surveys must be current to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect date the negotiations are initiated on the project; and
10) Identification of any need for Last Resort Housing.
(e) Present all relocation offers to the applicable Site, upon Provider’s thirty owners and tenants.
(30f) 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 for the Site requiring termination. In the event Maintain up-to-date lists of a termination occurring under this Section 11, following receipt available replacement housing and business sites.
(g) Disclose availability of payment from District of the Termination Value, Provider shall remove the Solar Facility comparable housing and restore the Site business locations.
(h) Provide relocation assistance in accordance with Section 3all 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 life 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 not deliver the warrants.
(r) Thoroughly document in RWMS all contacts with displacees and/or others involved in relocation (at no additional a minimum, contact shall be at 30-day intervals).
(s) Review all available information and resolve discrepancies, if any, among parcel inventories, appraisal reports (whether approved or unapproved), business damage reports, and all relocation inventories (including property owner and tenant inventories).
(t) Provide input on the determination of “priority parcels” based on relocation considerations.
(u) Provide management and control services, including implementation of detailed scheduling and cost control activities, to Districtsupport R/W Relocation Assistance Support Services.
(v) Deliver a Customer Satisfaction Survey at the time the displacee moves.
Appears in 1 contract
Sources: Consultant Services Agreement
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District Landlord may, at its optionupon 60 days notice to Tenant, require that relocate the Solar Facility be permanently relocated, either Premises to any other premises within the Property (“Relocated Premises”) on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties date of relocation (the “Relocation SiteDate”)) specified therein. District The Relocated Premises shall give Provider 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 least one-hundred twenty (120) calendar days’ notice the expense of DistrictLandlord, including the physical move, relocating Tenant’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” existing telephone equipment and other costs set forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes required due to memorialize the relocation (but only the quantity existing immediately prior to the relocation. District shall pay Provider’s actual ) and necessary all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the relocation of the Solar FacilityRelocated Premises, including removal reasonable decorating and design costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 paid by Provider or Provider’s financing parties in connection with the relocation. Within Landlord within thirty (30) days after receipt of agreement on a Relocation Sitethird-party invoices therefor. Tenant shall have the option, Provider will provide District with a calculation effective as of the estimated time required for such relocationRelocation Date, and either to enter into an appropriate lease amendment relocating the total anticipated amount of lost revenues and additional costs Premises, or to terminate this Lease, which option shall be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 for the Site requiring termination. In the event of a termination occurring under this Section 11, exercised within 10 Business Days following receipt of payment from District Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord 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, in which event the date of tender of possession of the Termination ValueRelocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, Provider the aggregate Base Rent for the Relocated Premises shall remove be the Solar Facility same as for the original Premises. Tenant’s failure to vacate the Premises and restore move into the Site in accordance with Section 3, at no additional cost to DistrictRelocated Premises on the Relocation Date shall constitute a Time Sensitive Default.
Appears in 1 contract
Sources: Office Lease (Power Efficiency Corp)
Relocation. On or after If Landlord so requests, upon not less than ninety (90) days written notice to Tenant, Tenant shall vacate the seventh Premises and relinquish its rights with respect to the same provided that Landlord shall provide to Tenant substitute space in the Building, such space to be reasonably comparable in size (7thi.e., not less than ninety-five percent (95%) anniversary of the Commercial Operation Datesquare footage of the Premises), District maylayout, finish and utility to the Premises, and further provided that Landlord shall, at its optionsole cost and expense, require move and set-up Tenant and its telephone and data cabling, wiring, equipment, furniture and other removable personal property from the Premises to such new space in such manner as will minimize, to the greatest extent practicable, undue interference with the business or operations of Tenant including, without limitation, performing such move over a weekend. If Landlord elects to relocate the Premises (or such portion) pursuant to this paragraph, Landlord shall also reimburse Tenant for the documented, reasonable third-party costs necessarily incurred by Tenant by reason of such relocation, such as, by way of illustration only, replacing existing stocks of Tenant’s stationery to reflect the new location of the Premises and disconnecting, re-connecting and testing Tenant’s security and other systems. Any such substitute space shall, from and after the date such space is so provided, be treated as the Premises demised under this Lease, and shall be occupied by Tenant under the same terms, provisions and conditions as are set forth in this Lease provided, however, that the Solar Facility Annual Fixed Rent and Tenant’s Percentage shall not be permanently relocatedincreased due to any such relocation, either notwithstanding any increase in the rentable square footage of the Premises and further provided that if the rentable area of the substitute space is less than 97% of the rentable square footage of the Premises, then the Annual Fixed Rent and Tenant’s Percentage will be reduced on a per rentable square foot basis commencing on the Site date Tenant takes occupancy of the substitute space. Landlord agrees that it shall not exercise its right to relocate Tenant pursuant to this paragraph during Year 1 or more than once during the Original Term. Any request by Landlord pursuant to another site owned and operated this paragraph shall be made by District, at a location with at least equal Insolation notice to the existing Site and reasonably acceptable to both Parties Tenant (the “Relocation SiteNotice”)) which shall identify the proposed substitute space and the approximate date on which Tenant shall be required to relocate. District shall give Provider at least one-hundred Tenant may elect to terminate the Term of this Lease if Landlord proposes to relocate the Premises during the last two (2) years of the Term by giving Landlord written notice of such election not later than twenty (12020) calendar days’ notice days after the giving of DistrictLandlord’s need to move or relocate Relocation Notice, time being of the Solar Facilityessence. Following agreement Any such termination by Tenant shall be effective on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes relocation date stated in the definition of “Site” Relocation Notice unless Landlord elects to withdraw and other changes required to memorialize cancel the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar FacilityRelocation Notice, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and which Landlord may do at any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 time within thirty (30) days after the giving of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and makeTenant’s notice, in writing, any objections to which case the calculation. If an acceptable Relocation Site cannot Notice shall be located, null and void and this Agreement Lease shall terminate with respect to the applicable 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 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 continue in full force and restore the Site in accordance with Section 3, at no additional cost to Districteffect.
Appears in 1 contract
Relocation. On Relocation of victims (generally, 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 after public transportation, and cost of food or lodging during the seventh (7th) anniversary trip to the new location. Refundable security deposits for housing and utilities: Grantees are discouraged from paying for refundable security deposits, 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 Commercial Operation DateFederal award” (Uniform Guidance, District may§200.404). Grantees must exercise their “established practices and policies” (Uniform Guidance, at its option, require that §200.404) regarding the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation reimbursement of security deposit refunds to the existing Site 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 reasonably acceptable complicated nature of relocation/housing assistance services, any Grantee proposing to both Parties (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 “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes program income provisions included in the definition of “Site” DOJ Grants Financial Guide (3.4 Program Income) and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar FacilityUniform Administrative Requirements, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costsCost Principles, and any applicable interconnection fees. District shall additionally compensate Provider Audit Requirements for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocatedFederal Awards (Program Income, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 District2 C.F.R. §200.307).
Appears in 1 contract
Sources: Subaward Agreement
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by Districtexpense, at a location with at least equal Insolation any time before or during the Term, but no more often than one (1) time during the Term, may relocate Tenant from the Premises to space of reasonably comparable size, finishes and utility that is no lower than the existing Site and reasonably acceptable to both Parties fourteenth (14th) floor (“Relocation Space”) within the Building or other buildings within the same project upon ninety (90) days’ prior written notice (the “Relocation SiteNotice”) to Tenant. From and after the date of the relocation, if the Relocation Space is smaller than the original Premises, the Base Rent and Tenant’s Share shall be adjusted based on the rentable area of the Relocation Space; provided, however, the Base Rent and Tenant’s Share shall not increase following a relocation unless Tenant has elected to accept a larger Relocation Space in connection therewith. Landlord shall pay Tenant’s reasonable costs of relocation which amount shall include all costs for moving Tenant’s furniture, equipment, supplies and other personal property. Notwithstanding the foregoing, if Landlord delivers the Relocation Notice to Tenant during the final twelve (12) months of the Term (as extended), within ten (10) days after 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 the relocation date set forth in the Relocation Notice (the “Relocation Termination Date”). District If Landlord desires to revoke the Relocation Notice and negate the Tenant Relocation Notice, Landlord shall give Provider at least one-hundred twenty provide written notice to Tenant within ten (12010) calendar days’ notice days after receipt of District’s need to move or relocate the Solar FacilityTenant Relocation Notice, in which case the Lease shall continue in full force and effect. Following agreement on a If Landlord does not revoke the Relocation SiteNotice, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District Lease shall pay Provider’s actual and necessary costs in connection with the relocation terminate as of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension RateRelocation Termination Date, as defined below, prorated as needed to apply on a daily basis. District shall also execute if such consents or releases reasonably required by Provider or Provider’s financing parties in connection with date were the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 original 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 DistrictDate.
Appears in 1 contract
Sources: Office Lease Agreement (Thimble Point Acquisition Corp.)
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionexpense, require 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 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 Solar Facility Relocation Space shall be permanently relocatedlocated on or above the fourth (4th) floor of the Building. Notwithstanding the foregoing, either on the Site or to another site owned and operated by District, at if Landlord provides Tenant with a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need relocation during the last fifteen (15) months of the Lease Term or of the Renewal Term, Tenant shall have the right to move or relocate terminate this Lease by giving notice to Landlord within ten (10) days after the Solar Facilitydate of Landlord's notice of relocation to Tenant. Following agreement on a Relocation SiteSuch 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 Parties will amend this Agreement right to memorialize the required changes in the definition withdraw its notice of “Site” and other changes required to memorialize the relocation. District In such event, this Lease shall pay Provider’s actual continue in full force and necessary effect as if Landlord had never provided Tenant with notice of relocation. Landlord agrees to reimburse Tenant for all reasonable costs actually incurred in connection with the Relocation, including, but not limited to, the 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 the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for 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 total anticipated amount 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 lost revenues 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 Base Rental and additional costs to be incurred by Provider as a result of such relocationAdditional Base Rental for the Relocation Space shall in no event exceed the Base Rental and Additional Base Rental for the original Premises. District will have twenty (20) days to review Notwithstanding the calculation and makeforegoing, in writing, any objections to the calculation. If an acceptable Relocation Site canLandlord shall not be located, this Agreement shall terminate with respect entitled to the applicable Site, upon Provider’s thirty (30) days’ written notice. In relocate Tenant in the event 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 Rentable Area of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to DistrictPremises becomes 15,000 or more square feet.
Appears in 1 contract
Relocation. On or after In the seventh (7th) anniversary event LESSOR intends to redevelop the Property and the location of the Commercial Operation DatePremises would otherwise hinder LESSOR’s plans to redevelopment, District mayLESSOR has the one-time right to relocate the Premises, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with upon at least equal Insolation twelve (12) months prior written notice to the existing Site and reasonably acceptable ▇▇▇▇▇▇, to both Parties an alternate location (the “Relocation SitePremises”) 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”), on the Property in a location mutually agreeable to 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 Premise;
e. All reasonable costs and expenses 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. District shall give Provider at least LESSOR in the event LESSOR exercises the one-hundred twenty (120) calendar days’ notice of District’s need time right to move or relocate the Solar Facilitycommunication facility during the Initial Term or the first Renewal Term; or
2. Following agreement on a Relocation SiteLESSEE 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 LESSEE or its agents.
▇. ▇▇▇▇▇▇ will exercise its relocation right by delivering written notice, pursuant to the Parties will amend terms of this Agreement to memorialize LESSEE. In the required changes in notice, ▇▇▇▇▇▇ will identify the definition of “Site” proposed Relocation Premises on the Property to which LESSEE may relocate the Communication Facility. ▇▇▇▇▇▇ and other changes required to memorialize ▇▇▇▇▇▇ hereby agree that a survey (prepared at the relocation. District shall pay Provider’s actual sole cost and necessary costs in connection with the relocation expense of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 (30LESSOR) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocationRelocation Premises (including the access and utility easements) will supplement Exhibit hereto and become a part hereof, and the total anticipated amount of lost revenues and additional costs to Relocation Premises shall be incurred by Provider as a result of such relocation. District will have twenty (20) days to review considered the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 Premises 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 Districtall purposes hereunder.
Appears in 1 contract
Sources: Option and Land Lease Agreement
Relocation. On A. Utility 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 Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section or within five (5) years after the seventh (7th) anniversary original installation of the Commercial Operation DateFacilities, District maythe 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, at operations, maintenance, and repair of Grantee’s Facilities authorized by this Franchise shall not preclude Garfield County, its optionagents, require or its contractors from blasting, grading, excavating, or doing necessary road work contiguous to the said Facilities of the Grantee, provided that the Solar Facility Grantee shall be permanently relocatedgiven forty-eight (48) hours notice of said blasting or other work, either on and provided further that the Site foregoing shall be subject to all other provisions of this Franchise and shall not substantially or unreasonably impair the rights granted to another site owned and operated by DistrictGrantee 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 require such developer, person or entity to make payment to Grantee, at a location with at least equal Insolation to the existing Site time and reasonably upon terms acceptable to both Parties (the “Relocation Site”). 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 SiteGrantee, the Parties will amend this Agreement to memorialize the required changes for any and all costs and expenses incurred by Grantee in the definition relocation of “Site” and Grantee's Facilities.
D. Any condition or requirement imposed by the County upon any person or entity, other changes 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 memorialize the relocation. District any contract or in conjunction with approvals or permits for zoning, land use, construction or development).
E. Nothing in this Section 8 shall pay Provider’s actual and necessary costs require Grantee to bear any cost or expense in connection with the location or relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy canFacilities then existing pursuant to easement or such other rights not be generated and delivered to District derived from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 DistrictFranchise.
Appears in 1 contract
Sources: Franchise Agreement
Relocation. On (a) If, at any time during the Term or after the seventh (7th) anniversary any renewal of the Commercial Operation Term, the Landlord requires possession of all or any portion of the Premises located from to time in One Park Centre for any purpose whatsoever, the Landlord may, on no less than three (3) months' prior Notice to the Tenant (the "Relocation Notice"), require the Tenant to vacate all or any portion of the Premises located in One Park Centre as specified in the Relocation Notice (the "Vacated Space") on the date specified in the Relocation Notice (the "Relocation Date") and relocate into other premises in Two Park Centre (the "Relocated Premises"). If a Relocation Notice is given, this lease, insofar as it relates to the Vacated Space, shall terminate on the Relocation Date, District may, at but only if the Landlord has completed the Relocated Premises in accordance with its option, require that obligations set out in paragraph 10(b);
(b) The Relocated Premises shall be comparable in all material respects to the Solar Facility Vacated Premises and shall be permanently relocated, either fully fixtured (not including the Tenant's trade fixtures) and in "turn-key" condition and available for the Tenant's occupancy on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 SiteDate, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes Landlord being fully responsible for performing all work required to memorialize make the relocation. District Relocated Premises so available.
(c) The Landlord shall pay Provider’s actual and necessary all direct costs of preparing the Relocated Premises for occupation by the Tenant (which costs shall include, without limitation, all costs in connection with wiring the relocation Relocated Premises for the Tenant's use) and of relocating the Tenant and all of the Solar FacilityTenant's property, including removal fixtures and furniture therein. The Landlord shall not be liable for any other or consequential costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered damages or losses to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider Tenant as a result of such relocation. District will have twenty .
(20d) days To the extent that the Rentable Space of the Relocated Premises is not identical to review that of the calculation and makeVacated Premises, in writingthe Fixed Rent shall be adjusted upwards or downwards, any objections to as the calculation. If an acceptable Relocation Site cannot be locatedcase may be, this Agreement shall terminate at the same rate per square foot per annum as was payable with respect to the applicable SiteVacated Premises, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot but Fixed Rent may be agreed upon, District shall pay Provider an amount equal increased only to the Termination Value extent that the Rentable Space of the Relocated Premises is no more than 2% greater than the Rentable Space of the Vacated Premises (the "Allowable Increase"). If the Rentable Space of the 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 Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District increased area of the Termination Value, Provider Relocated Premises in excess of the Allowable Increase. The parties agree that in no circumstances shall remove the Solar Facility and restore Relocated Premises have a Rentable Space more than 10% greater or less than the Site in accordance with Section 3, at no additional cost Rentable Space of the Vacated Premises.
(e) The parties shall enter into such lease amending agreements as necessary to Districteffect the foregoing.
Appears in 1 contract
Relocation. On A. Utility 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 Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section or within five (5) years after the seventh (7th) anniversary original installation of the Commercial Operation DateFacilities, District maythe 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, at operations, maintenance, and repair of Grantee’s Facilities authorized by this Franchise shall not preclude Garfield County, its optionagents, require or its contractors from blasting, grading, excavating, or doing necessary road work contiguous to the said Facilities of the Grantee, provided that the Solar Facility Grantee shall be permanently relocatedgiven forty-eight (48) hours notice of said blasting or other work, either on and provided further that the Site foregoing shall be subject to all other provisions of this Franchise and shall not substantially or unreasonably impair the rights granted to another site owned and operated by DistrictGrantee 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 require such developer, person or entity to make payment to Grantee, at a location with at least equal Insolation to the existing Site time and reasonably upon terms acceptable to both Parties (the “Relocation Site”). 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 SiteGrantee, the Parties will amend this Agreement to memorialize the required changes for any and all costs and expenses incurred by Grantee in the definition relocation of “Site” and ▇▇▇▇▇▇▇'s Facilities.
D. Any condition or requirement imposed by the County upon any person or entity, other changes 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 memorialize the relocation. District any contract or in conjunction with approvals or permits for zoning, land use, construction or development).
E. Nothing in this Section 8 shall pay Provider’s actual and necessary costs require Grantee to bear any cost or expense in connection with the location or relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy canFacilities then existing pursuant to easement or such other rights not be generated and delivered to District derived from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 DistrictFranchise.
Appears in 1 contract
Sources: Franchise Agreement
Relocation. On or after the seventh (7tha) anniversary of the Commercial Operation Date, District mayLandlord, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by Districtexpense, at a location with at least any time during the Term, but no more than once during the Term, may relocate Tenant from the Demised Premises to space within ten (10%) percent of (plus or minus) the initial Demised Premises and of equal Insolation or greater utility to the existing Site and reasonably acceptable to both Parties initial Demised Premises (the “Relocation SitePremises”). District shall give Provider at least one-) within the Building in Landlord’s reasonable judgment upon one hundred twenty (120) calendar days’ prior written notice to Tenant. Such Relocation Premises shall be 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 District’s need the initial Demised Premises in its condition immediately prior to move or relocate such relocation, including but not limited to with respect to views from the Solar FacilityRelocation Premises to the exterior of the Building. Following agreement on a Relocation SiteFrom and after the date of the relocation, the Parties will amend this Agreement Fixed Rent and Tenant’s Proportionate Share shall be adjusted based on the rentable square footage of the 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, the Fixed Rent and Tenant’s Proportionate Share shall remain the same as they were prior to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District Landlord shall pay Providerthe reasonable and actual Tenant’s actual and necessary costs in connection with the relocation of the Solar Facilityrelocation, including removal costsbut not limited to costs to improve the Relocation Premises to the standard set forth above and costs related to moving Tenant’s furniture, necessary storage costsequipment, re-installationsupplies and other personal property, Governmental Approvalsthe cost of printing and distributing change of address notices, re-designone month’s supply of stationery showing the new address, engineering, site work, re-commissioning IT cabling costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated all other reasonable and delivered to District from the Solar Facility being relocated, 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 actual costs incurred by Provider or Provider’s financing parties Tenant in connection with the relocation. Within thirty Additionally, the first Monthly Fixed Rent payment (30but 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 Relocation Premises until the 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 agreement on a abated Fixed Rent for each day that Tenant occupies the Relocation Site, Provider will provide District with a calculation Premises prior to Landlord completing its renovation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections Relocation Premises to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty standard set forth above.
(30b) days’ written notice. In the event Landlord exercises its right to relocate Tenant, Landlord and Tenant hereby agree to amend promptly those provisions of this Lease that an acceptable Relocation Site cannot be agreed uponare affected by the relocation and the change, District shall pay Provider an amount equal to if any, in 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 rentable square footage.
(c) After Tenant takes possession of the Termination ValueRelocation Premises, Provider the term “Demised Premises” as used in this Lease, shall remove be deemed to refer to and include the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to DistrictRelocation Premises.
Appears in 1 contract
Relocation. On or after Landlord shall have a one-time right to relocate Tenant from the seventh Premises to space of reasonably comparable size and utility within the Complex and with substantially equivalent (7thbut not lesser) anniversary quality of finishes to that of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties Premises (the “Relocation SiteSpace”). District shall give Provider at least one-hundred twenty ) upon ninety (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (3090) days’ prior written noticenotice to Tenant. In From and after the date of the relocation, the Base Rent and Tenant’s Pro Rata Share shall be adjusted downward, if applicable, but in no event that an acceptable upward, based on the rentable square footage of the Relocation Site cannot be agreed uponSpace. Landlord shall, District shall pay Provider an amount equal at Landlord’s sole cost and expense, cause Tenant’s relocation to the Termination Value for Relocation Space (including the Site requiring termination. In moving to, setting up, connecting and testing as to operation in the event Relocation Space, at Tenant’s reasonable direction, of a termination occurring under this Section 11all of Tenant’s furniture, following receipt of payment from District fixtures and equipment, including but not limited to, Tenant’s personal property and cabling, which cabling shall be substantially similar to that of the Termination Value, Provider shall remove original Premises) to commence and be completed over a one-weekend period (or such longer period as is reasonably required to complete the Solar Facility and restore the Site in accordance with Section 3same subject to Tenant’s reasonable cooperation, at no additional cost to DistrictTenant, with Landlord to effect such relocation; i.e. Tenant’s cooperation will be required to relocate items such as Tenant’s server room). Landlord shall reimburse Tenant for Tenant’s actual, out-of-pocket costs of Tenant’s replacing of its stationery, business cards and similar items as is reasonably necessary to reflect Tenant’s relocation in the Relocation Space. Landlord shall coordinate with Tenant the dates and times for Tenant’s relocation to the Relocation Space so as to minimize any downtime of Tenant caused by such relocation provided that the relocation occurs within the aforesaid 90-day period. Notwithstanding anything contained herein to the contrary, Landlord shall not have the right to relocate Tenant during the last six (6) months of the Term.
Appears in 1 contract
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District may, at its option, require that the Solar Facility System be permanently relocated, either on the existing Site or to another site owned and operated by of District’s choosing, at a location with at least equal Insolation insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty sixty (12060) calendar daysDays’ notice of District’s need to move or relocate the Solar FacilitySystem. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site.” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary the reasonable costs arising in connection with the relocation of the Solar FacilitySystem, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees, provided that Provider provides District with information detailed herein below in a timely manner. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility System being relocated, 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 Parties in connection with the relocation. Within thirty (30) days Days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days Days to review the calculation and make, in writing, any objections to the calculation. Provider shall make all commercially reasonable efforts to achieve the relocation of the System 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 applicable Site, upon Provider’s thirty (30) daysDays’ 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 for the Site requiring terminationValue. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination ValueSection, Provider shall remove the Solar Facility 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. On Utility 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 Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section or within five (5) years after the seventh (7th) anniversary original installation of the Commercial Operation DateFacilities, District maythe 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, at operations, maintenance, and repair of Grantee’s Facilities authorized by this Franchise shall not preclude Garfield County, its optionagents, require or its contractors from blasting, grading, excavating, or doing necessary road work contiguous to the said Facilities of the Grantee, provided that the Solar Facility Grantee shall be permanently relocatedgiven forty-eight (48) hours notice of said blasting or other work, either on and provided further that the Site foregoing shall be subject to all other provisions of this Franchise and shall not substantially or unreasonably impair the rights granted to another site owned and operated by DistrictGrantee 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 require such developer, person or entity to make payment to Grantee, at a location with at least equal Insolation to the existing Site time and reasonably upon terms acceptable to both Parties Grantee, for any and all costs and expenses incurred by Grantee in 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 (the “Relocation Site”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). District Nothing in this Section 8 shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need require Grantee to move bear any cost or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs expense in connection with the location or relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy canFacilities then existing pursuant to easement or such other rights not be generated and delivered to District derived from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 DistrictFranchise.
Appears in 1 contract
Sources: Franchise Agreement
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District 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 its optionthe expense of Landlord, require that including the Solar Facility be permanently relocatedphysical move, either on relocating Tenant's existing telephone equipment and other costs set forth below. All moving costs (including the Site or cost to another site owned relocate phones, computers and operated by Districtother systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant's address at a location with at least equal Insolation the Premises if such address changes due to the relocation (but only the quantity existing Site and reasonably acceptable immediately prior to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual ) and necessary all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the relocation of the Solar FacilityRelocated Premises, including removal reasonable decorating and design costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 paid by Provider or Provider’s financing parties in connection with the relocation. Within Landlord within thirty (30) days after receipt of agreement on a Relocation Sitethird-party invoices therefor. Tenant shall have the option, Provider will provide District with a calculation effective as of the estimated time required for such relocationRelocation Date, and either to enter into an appropriate lease amendment relocating the total anticipated amount of lost revenues and additional costs Premises, or to terminate this Lease, which option shall be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 for the Site requiring termination. In the event of a termination occurring under this Section 11, exercised within 10 Business Days following receipt of payment from District Landlord's relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant's election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord shall have the option to tender the Relocated Premises to Tenant on any date within a 30 day period after the Relocation Date, in which event the date of tender of possession of the Termination ValueRelocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, Provider the aggregate Base Rent for the Relocated Premises shall remove be the Solar Facility same as for the original Premises. Tenant's failure to vacate the Premises and restore move into the Site in accordance with Section 3, at no additional cost to DistrictRelocated Premises on the Relocation Date shall constitute a Time Sensitive Default.
Appears in 1 contract
Relocation. On or after At Landlord’s expense at any one time during the seventh Expansion Space Term (7th) anniversary but not prior to Tenant’s occupancy of the Commercial Operation Dateinitial Expansion Space as set forth on Exhibit A hereto) , District mayas the same may be extended by written agreement between the parties, at its option, require that Landlord shall be entitled to cause Tenant to relocate from the Solar Facility be permanently relocated, either on Expansion Space to space containing approximately the Site or to another site owned and operated by District, at a location with at least equal Insolation to same rentable area as the existing Site and reasonably acceptable to both Parties Expansion Space (the “Expansion Relocation SiteSpace”) within the Building at any time upon 60 days’ prior written notice to Tenant (“Expansion Relocation Notice”). District Such a relocation shall give Provider at least one-hundred twenty (120) calendar days’ notice not affect the Lease except that from and after the date of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for 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 anticipated 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 lost revenues coats thereof) with substantially the same color as the existing walls within the Expansion Space, subject to color availability, and additional costs to be incurred by Provider (ii) re-carpet the carpeted areas within Expansion Relocation Space with substantially the same carpet as a result of such relocation. District will have twenty (20) days to review the calculation and makeexisting carpeted areas within the Expansion Space, in writing, any objections subject to the calculationcarpet availability. If an acceptable 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 Site cannot be located, this Agreement shall terminate with respect Space in the manner and to the applicable Site, upon Provider’s thirty (30) days’ written notice. In extent such cabling existed in the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal Expansion Space prior to the Termination Value for relocation (which such costs shall include any such cabling costs associated with connecting the Site requiring terminationExpansion Relocation Space to the Original Premises). In Notwithstanding anything to the event of a termination occurring under this Section 11contrary, following receipt of payment Landlord shall not have the right to cause Tenant to relocate 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 DistrictExpansion Relocation Space.
Appears in 1 contract
Sources: Office Lease Agreement (Rapid7 Inc)
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District Landlord may, at its optionupon 90 days notice to Tenant, require that relocate the Solar Facility be permanently relocated, either Premises to any other premises within the Property (“Relocated Premises”) on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties date of relocation (the “Relocation SiteDate”)) specified therein. District The Relocated Premises shall give Provider 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 least one-hundred twenty (120) calendar days’ notice the expense of DistrictLandlord, including the physical move, relocating Tenant’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” existing telephone equipment and other costs set forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes required due to memorialize the relocation (but only the quantity existing immediately prior to the relocation. District shall pay Provider’s actual ) and necessary all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the relocation of the Solar FacilityRelocated Premises, including removal reasonable decorating and design costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 paid by Provider or Provider’s financing parties in connection with the relocation. Within Landlord within thirty (30) days after receipt of agreement on a Relocation Sitethird-party invoices therefor. Tenant shall have the option, Provider will provide District with a calculation effective as of the estimated time required for such relocationRelocation Date, and either to enter into an appropriate lease amendment relocating the total anticipated amount of lost revenues and additional costs Premises, or to terminate this Lease, which option shall be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 for the Site requiring termination. In the event of a termination occurring under this Section 11, exercised within 15 Business Days following receipt of payment from District Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord 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, in which event the date of tender of possession of the Termination ValueRelocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, Provider the aggregate Base Rent for the Relocated Premises shall remove be the Solar Facility same as for the original Premises. Tenant’s failure to vacate the Premises and restore move into the Site in accordance with Section 3, at no additional cost to DistrictRelocated Premises on the Relocation Date shall constitute a Time Sensitive Default.
Appears in 1 contract
Sources: Office Lease (CSR PLC)
Relocation. On At Landlord’s sole cost and expense, at any time before or during the 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 seventh (7th) anniversary date of the Commercial Operation Daterelocation, District may, at its option, require that the Solar Facility Base Rent and Tenant’s Pro Rata Share shall be permanently relocated, either adjusted based on the Site or to another site owned and operated by Districtrentable square footage of the Relocation Space. Landlord shall pay Tenant’s actual costs of relocation, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of Districtincluding all costs for moving Tenant’s need to move or relocate the Solar Facility. Following agreement on a Relocation Sitefurniture, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” equipment, supplies and other changes required personal property, as well as the cost of printing and distributing change of address notices to memorialize Tenant’s customers and one month’s supply of stationery showing the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costsnew address, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered prior to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, Landlord, at Landlord’s cost, shall improve the Relocation Space to incorporate improvements and finishes similar to those incorporated within the total anticipated amount Premises (the commercial availability of lost revenues and additional costs 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 incurred 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 Provider as a result of Tenant prior to such relocation. District will have twenty (20) days to review the calculation If Landlord provides Tenant with a notice of relocation and makeTenant, in writingits reasonable judgment, any objections determines that the Relocation Space is not comparable to the calculationPremises, 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. If an acceptable Tenant’s notice of termination shall set forth the reasons why Tenant believes the Relocation Site canSpace is not comparable to the Premises. Such termination shall be locatedeffective 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 withdraw its notice of relocation. In such event, this Agreement Lease shall terminate continue in full force and effect as if Landlord had never provided Tenant with respect to the applicable 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 for the Site requiring termination. In the event a notice 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 Districtrelocation.
Appears in 1 contract
Relocation. On or after Landlord shall have the seventh right at any time during the Term to relocate the Premises to substitute space (7thfor purposes of this Article, the “Relocation Space”) anniversary in another part of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site Building or to another site owned and operated by Districtbuilding 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, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation SitePrevious Space”). District shall give Provider at least one-hundred twenty ; (120b) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the physical relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District Premises shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, accomplished by Landlord at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District its cost; (c) Landlord shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within give Tenant at least thirty (30) days prior Notice of agreement on a Relocation Site, Provider will provide District with a calculation Landlord’s intention to relocate the Premises; (d) all reasonable and actual out of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional pocket costs to be incurred by Provider Tenant as a result of the relocation, including costs incurred in changing addresses on stationery, business cards, directories, advertising, and other such relocationitems, 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 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. District will have twenty Within ten (2010) days following the request of Landlord, Tenant shall execute and return to review Landlord an amendment to this Lease confirming the calculation new location of the Premises and make, in writing, any objections to the calculationresulting adjustment of Base Rent and Tenant’s Share. If an acceptable Relocation Site cannot be located, this Agreement Landlord shall terminate with respect to the applicable Site, upon Providerreimburse Tenant’s relocation costs within thirty (30) days’ written noticedays 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 actual costs. In Tenant agrees that it shall make request for reimbursement of all such costs at the same time, and in no event that an acceptable later than ninety (90) days following the date the Relocation Site canSpace is made available for occupancy by Tenant. Landlord shall have no obligation to reimburse any item for which Tenant has not requested reimbursement by such date. Notwithstanding anything to the contrary in the foregoing, the provisions of this Article 30 shall not be agreed uponapplicable or enforceable by Landlord during the Term of this Lease expiring on October 31, 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 District2006.
Appears in 1 contract
Relocation. On or after The Landlord shall have the seventh (7th) anniversary right, in its sole discretion, from time to time, on not less than 60 days’ written notice to the Tenant, to relocate the Premises to other premises within the Project having approximately the same area as the Premises. The Landlord shall be entitled to designate the location of the Commercial Operation Datenew premises and the date by which the Tenant must relocate to the new premises, District mayand such location and date shall be specified in the written notice. As of the date so specified, at 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 option, require that the Solar Facility be permanently relocated, either sole discretion by another notice in writing extended such date. The Tenant shall on the Site or to another site owned and operated by District, at a location with at least equal Insolation date set out in the notice from the Landlord relocate to the existing Site other premises and reasonably acceptable vacate the Premises, and the provisions of Section 9.3 shall apply in respect of the Premises on such date. If the Landlord relocates the Premises prior to both Parties (occupancy of the “Relocation Site”). District Premises by the Tenant, it shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need 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 relocate materials not usable in the Solar Facilityalternate premises. Following agreement on a Relocation SiteIf the Landlord relocates the Tenant after occupancy of the Premises by the Tenant, the Parties will amend this Agreement Landlord shall provide the relocated premises improved to memorialize a standard and using materials of approximately the required changes same quality as the Leasehold Improvements which exist in the definition existing Premises at the time of “Site” relocation and other changes required to memorialize will reimburse the relocation. District shall pay Provider’s actual and necessary Tenant (upon receipt of copies of receipted third party invoices) for direct costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 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. Within thirty (30) days In no case will the Tenant be reimbursed or compensated for indirect costs including overhead, overtime charges or loss of agreement on a Relocation Site, Provider profits and the Tenant will provide District 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 calculation minimum of disruption to the Tenant’s business. The Landlord and the Tenant shall enter into a lease amending agreement in the Landlord's standard form to confirm the terms of the estimated time required for such relocationrelocation including, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writingwithout limitation, any objections adjustment to the calculation. If an acceptable Relocation Site cannot be located, Basic Rent if the Rentable Area of the relocated premises is different than the Rentable Area of the existing Premises and to confirm that all other terms and conditions of this Agreement Lease shall terminate apply with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticerelocated premises for the remainder of the Term. In the event that an acceptable Relocation Site canthe Landlord exercises its rights hereunder, then the Tenant will not be agreed uponobligated to pay any amounts on account of Basic Rent, District shall pay Provider an amount equal to the Termination Value Operating Costs and Property Taxes 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 three (3, at no additional cost to District) calendar months.
Appears in 1 contract
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionsole expense and discretion, may require that Tenant to relocate any or all of the Solar Facility be permanently relocated, either Equipment and Connecting Equipment located on the Site 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 to another site owned relocate Tenant’s Equipment or Connecting Equipment, as the case may be, Tenant shall within sixty (60) days either: (i) terminate this License upon written notice to Landlord; or (ii) commence efforts to relocate the Equipment or the Connecting Equipment, as the case may be, and operated by District, at a location complete their relocation with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-on hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation days of the Solar Facilitydate of Landlord’s original notice to Tenant to relocate, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District in which event Landlord shall additionally compensate Provider reimburse Tenant for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered reasonable, actual, out-of-pocket costs or expenses paid by Tenant to District from the Solar Facility being relocated, 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 third parties in connection with the such relocation. Within thirty (30) days Landlord will permit Tenant to perform a standard cutover procedure, if required by any relocation of agreement on 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 Relocation Site, Provider will provide District with a calculation portion of the estimated time required 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 such relocationthe 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 total anticipated amount re-installation of lost revenues the Equipment may commence. All Equipment shall be re-installed in strict accordance with the specifications previously approved by Landlord and additional costs in effect at the time of the Equipment’s removal. Landlord shall have no liability to be Tenant or any third-party for any losses incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation relocation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 Districtre-installation.
Appears in 1 contract
Sources: Office Lease (Brown & Brown Inc)
Relocation. On or after the seventh (7th) anniversary of Lease is hereby deleted in its entirety and the Commercial Operation Date, District may, at its following paragraph is inserted in lieu thereof: Landlord shall have the right and option, upon sixty (60) days notice to Tenant, to require that Tenant to relocate the Solar Facility be permanently relocated, either on Premises to any other premises within the Site Building or to another site owned and operated by District, at a location with at least equal Insolation to other buildings in the existing Site and reasonably acceptable to both Parties Loop Central project (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120"RELOCATED PREMISES") calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Sitedate of relocation (the "RELOCATION DATE") specified therein. In such event, all reasonable expenses of moving Tenant and decorating the Parties will amend this Agreement to memorialize Relocated Premises with substantially the required changes in same leasehold improvements shall be at the definition expense of “Site” Landlord, including the physical move, computer network relocation and installation, telephone installation, stationery costs and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 relocationrelated items. Within thirty (30) days following receipt of agreement 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 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 Relocation SiteNew Lease, Provider will provide District with Landlord shall have the option to tender the Relocated Premises to Tenant on any date within a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticeday period prior to or after the Relocation Date, in which event the term of the New Lease shall commence on the date of tender of possession of the Relocated Premises. In For the event that an acceptable portion of the term of the New Lease between the Relocation Site cannot Date and the expiration of the Term of this Lease (as extended herein), Monthly Base Rent for the Relocated Premises shall be agreed upon, District shall pay Provider an amount equal calculated as follows: (i) for up to the Termination Value 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 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 Site requiring termination. In entire Relocated Premises shall be calculated at 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 prevailing Building rental rate then in accordance with Section 3, at no additional cost to Districteffect.
Appears in 1 contract
Sources: Lease Agreement (2 Infinity Inc)
Relocation. On or after If CONSULTANT elects during the seventh (7th) anniversary Term to relocate any portion of the Commercial Operation DateSystem, District mayincluding facilities used or required to provide the Institutional Network, at its optionCONSULTANT shall pay all costs associated with the relocation, require except in situations where the relocation is accompanied by additions or other work to benefit CITY and for which CITY agrees in writing to pay. If, under this Agreement, CITY requests during the Term that CONSULTANT relocate any portion of the Solar Facility be permanently relocatedSystem, either on including facilities used or required to provide the Site 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 another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition Services attributable to CONSULTANT’s act or omissions in breach of “Site” and other changes required to memorialize the relocation. District this Agreement, each party shall pay Provider’s actual and necessary costs in connection with the relocation its pro-rated portion of the Solar Facilitycosts 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 removal coststhe Walnut Creek Municipal Code, necessary storage costswith respect to CITY’s right-of-way. If CONSULTANT is required, reby a municipality (including CITY exercising its police powers or other rights under applicable law, including the Walnut Creek Municipal Code, with respect to right-installationof-way) or other third party having or asserting legal authority, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and to relocate any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation portion of the estimated time required for such relocationInstitutional Network, and the total anticipated amount CONSULTANT shall bear all costs arising out of lost revenues and additional costs to be incurred by Provider as a result of or associated with such relocation. District will have twenty (20) days to review the calculation and makeCONSULTANT, in writing, any objections to its reasonable discretion after consultation with and approval by the calculation. If an acceptable Relocation Site canCITY (which approval shall not be locatedunreasonably withheld, this Agreement conditioned, or delayed), shall terminate with respect determine the extent and timing of, and methods to the applicable Sitebe used for, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot relocation, which shall 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 performed in accordance with Section 3the construction and test specifications as more particularly described below. CONSULTANT shall use commercially reasonable efforts to minimize the disruption of CITY’s use of the Institutional Network. This provision is not intended to and shall not preempt, at no additional cost control over, or supersede the rights and obligations under law of the CITY of Walnut Creek as to Districtmanagement and control of the public right-of-way.
Appears in 1 contract
Sources: Professional Services
Relocation. On or after The Landlord shall have the seventh (7th) anniversary of the Commercial Operation Date, District mayright, at its optionany time during the Term, require that to relocate the Solar Facility Tenant anywhere within the Building, upon giving the Tenant 30 days written notice. The relocated premises shall be permanently relocatedof a similar type, either on the Site or to another site owned size and operated by District, at a location with at least equal Insolation quality to the existing Site and reasonably acceptable Premises. The Tenant shall provide the Landlord with a written estimate of the Tenant's reasonable moving expenses, 30 days prior to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice date of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District The Landlord shall pay Provider’s actual and necessary costs in connection with have the relocation 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 the Tenant, elect one of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection feestwo options 15 days prior to the date of relocation. District The Landlord shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered liable for:
(a) any damage to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider Tenant's property occurring as a result of such the relocation 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. District will have twenty The relocation shall be effective on the date stated in the Landlord's notice and the Tenant shall complete its move in one (201) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticeweekend. In the event that an acceptable Relocation Site cannot 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 agreed upondeemed applicable to such new space save and except:
(a) the right of first refusal or right of first offer, District shall pay Provider an amount equal to if any, and
(b) 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 location and size of the Termination Value, Provider Premises which shall remove the Solar Facility and restore the Site be in accordance with Section 3the appropriate floor plan. Upon the relocation taking place, the Annual Rent per square foot for the new space shall be the same Annual Rent per square foot as for the Premises and this Lease will be amended accordingly. If the Tenant refuses, fails or neglects to relocate to such new space on or before the date stated in the Landlord's notice then the Tenant shall be responsible and liable for all costs, expenses and damages suffered by the Landlord as a result of the Tenant's refusal, failure, or neglect of such relocation and in addition to the Landlord's right of recovery against the Tenant for such costs, expenses and damages, the Landlord shall have the right, at no additional cost its sole option and discretion, to Districtterminate this Lease upon 10 days written notice to the Tenant, such termination right to be exercised by the Landlord any time after the date set by the 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 Landlord's covenant for quiet enjoyment.
Appears in 1 contract
Sources: Lease of Office Space (Securac Corp)
Relocation. On In addition to the adjustments to the Premises ---------- required by the Migration Plan, Landlord may at any time during the term (and any number of times during the term), by written notice to Tenant, elect, subject to Tenant's approval (which approval shall not be unreasonably withheld or after the seventh (7th) anniversary delayed), to relocate any portions of the Commercial Operation DatePremises to new premises on the Property. The foregoing relocation right shall not apply to certain portions of the Premises 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 reasonably comparable in size; (ii) shall be comparable in physical characteristics relating to use (i.e., District maylaboratory space or office space); (iii) shall be comparable in amenities; (iv) shall reasonably accommodate the specific requirements of Tenant related to its then current use and activity of that particular portion of the Premises proposed for relocation, and (v) shall not separate concentrations of space within the Premises that are currently adjacent and in which occupants work interactively into separate locations that are not reasonably proximate in location to each other. Tenant agrees that at its optionthe time Landlord makes an election to relocate the Premises and seeks Tenant's approval, require 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 review plans for such finish work and alterations and may not refuse approval if the proposed relocation space, as it is to be altered or finished, would satisfy the criteria; provided that such alterations shall be made to the proposed relocation space before Tenant is required to move. Landlord shall pay the costs of any alterations or finish to the relocation space and all other reasonable, third party costs incurred by Tenant in moving to the 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 Solar Facility be permanently relocated, either on the Site or to another site owned relocation space is ready for Tenant's use and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 relocationoccupancy. Within thirty (30) days after Landlord delivers written notice to Tenant of agreement on a Relocation Siterequired relocation, Provider will provide District with 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 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 Percentage Share. Landlord and Tenant shall execute a written amendment to this Lease adjusting the Exhibits hereto which describe the Premises, the calculation of the estimated time required rent, Tenant's Percentage Share and providing for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider other adjustment as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 Districtreasonably necessary.
Appears in 1 contract
Sources: Campus Lease (Monsanto Co /New/)
Relocation. On In the event that Tenant and Landlord enter into the New Lease and in order to construct the New Premises, it is necessary for Landlord to demolish the Building, then Landlord shall have the right to relocate the Tenant to another temporary ground level location either (i) on the Real Estate, or after the seventh (7thii) anniversary within a one mile radius of the Commercial Operation DateReal Estate. In the event the Landlord exercises its right to relocate the Tenant, District mayas provided for herein, at its option, require that it shall give the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with Tenant at least equal Insolation sixty (60) days prior written notice and shall provide the 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 to the existing Site temporary ground level facility and reasonably acceptable to both Parties (shall improve the “Relocation Site”). 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 temporary ground level facility so that Tenant can conduct its businesses therein, on a Relocation Site, temporary basis. Minimum Rent for the Parties will amend 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 temporary ground level facility to Tenant or (ii) the Minimum Rent payable under this Agreement Lease and Landlord and Tenant shall execute an amendment to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with this Lease confirming the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 within thirty (30) days of agreement 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 reasonable judgment, so that Tenant can conduct its businesses therein, on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 Districttemporary basis.
Appears in 1 contract
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionexpense, require at any time before or during the Term, 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. 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 Section XXIV, the Solar Facility Relocation Space must be permanently relocatedreasonably comparable (when viewed in combination with other space leased by Tenant from Landlord) to the combined space consisting of the Premises and S▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇. From and after the date of the relocation, either the Base Rent and Tenant’s Pro Rata Share shall be adjusted based on the Site 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 (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 to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties on any Building Holiday (the “Approved Relocation SiteTimes”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of Districtso that Tenant’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize business is not interrupted during the relocation. District shall pay Provider’s actual and necessary costs in connection with Notwithstanding the foregoing, if Landlord fails to substantially complete the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy Approved Relocation Times and, as a result thereof, Tenant cannot be generated and delivered to District from open in the Solar Facility being relocatedRelocation Space on the Business Day immediately following the relocation during the Approved Relocation Times, at District Suspension RateTenant, as defined belowits sole remedy, prorated as needed shall be entitled to apply on receive a daily basisper diem abatement of Base Rent for each Business Day the relocation prohibits the Tenant from operating its business. District Tenant, however, shall also execute not be entitled to an abatement to the extent Tenant is prohibited from operating its business during such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider Business Day as a result of such relocation. District will have twenty (20) days to review the calculation and makeacts or omissions of Tenant, in writingits agents, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 Districtemployees or contractors.
Appears in 1 contract
Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionexpense, require at any one time before or during the Term, may relocate Tenant from the Premises to space of reasonably comparable size and utility (“Relocation Space”) within the Building upon not less than 90 days’ prior written notice to Tenant, provided that the Solar Facility Relocation Space shall be permanently relocatedlocated on or above the twelfth (12th) floor of the Building and such relocation shall not occur during the first 24 months of the Term. The Relocation Space must contain similar finishes (subject to commercial availability) and approximately the same rentable square footage as the Premises and the same number of work stations, either 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 Proportionate Share shall be adjusted based on the Site or to another site owned and operated by Districtrentable square footage of the Relocation Space, at a location with at least equal Insolation 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 existing Site relocation, and reasonably acceptable Tenant’s Proportionate Share for the Relocation Space shall in no event exceed Tenant’s Proportionate Share for the Premises prior to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District Landlord shall pay ProviderTenant’s actual and necessary reasonable costs in connection with the relocation of the Solar Facilityrelocation, including removal costsall costs for moving Tenant’s furniture, necessary storage costsequipment, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, supplies and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rateother personal property, as defined below, prorated well as needed to apply the cost of replacement of Tenant’s signage 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocationSpace, and the total anticipated amount cost of lost revenues printing and additional costs distributing change of address notices to be incurred by Provider as a result Tenant’s customers and one month’s supply of such relocationstationery showing the new address. District will have twenty (20) days Landlord shall also reimburse Tenant for the reasonable cost to review install and connect telecommunication and data cabling in the calculation Relocation Space in the manner and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect extent such cabling existed in the Premises prior to the applicable 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 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 Districtrelocation.
Appears in 1 contract
Sources: Office Lease Agreement (Atea Pharmaceuticals, Inc.)
Relocation. On At any time or after from time to time during the seventh (7th) anniversary Term or any renewal thereof, Landlord shall have the unrestricted right to relocate Tenant from the Premises to any other office space of reasonably comparable size in the Commercial Operation Date, District may, at its option, require Building with views that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation are reasonably comparable to the existing Site and reasonably acceptable to both Parties views from the initial Premises (the “Relocation SiteSpace”). District The Relocation Space must contain similar finishes as the Premises, and approximately the same rentable area as the Premises and approximately the same number of work stations, offices, breakrooms , windows and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. Landlord shall give Provider provide Tenant at least one-hundred twenty (120ninety(90) calendar days’ prior written notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” any such relocation and other changes required to memorialize the relocation. District Landlord shall pay Provider’s actual and necessary costs reimburse Tenant for all reasonable expenses incurred by Tenant in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, including moving expenses, telecommunications and data cabling and hookup and the total anticipated amount cost of lost revenues and additional costs to be incurred by Provider as a result reasonable supply of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 for the Site requiring terminationreplacement stationery. In the event of any such relocation, Landlord shall move Tenant’s effects to the Relocation Space over a termination occurring under this Section 11weekend, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility at Landlord’s sole cost and restore the Site expense. If Tenant is relocated in accordance with the provisions of this Section 340, and the rentable area of the Relocation Space is not equal to the rentable area of the Premises, all amounts, percentages and figures appearing or referred to in this Lease based upon such rentable area shall be modified accordingly; provided, however, that notwithstanding the foregoing, Tenant’s Base Rent shall not increase as a result of any such relocation. Prior to any such relocation, Landlord shall, at no additional cost its sole expense, renovate or construct improvements in the Relocation Space that are substantially similar to Districtthose in the Premises. Following any such relocation, Landlord and Tenant shall enter into an amendment to this Lease to reflect that the Premises consists of such Relocation Space. All other terms and conditions of the Lease shall remain unchanged following such relocation.
Appears in 1 contract
Sources: Office Lease Agreement (Velti PLC)
Relocation. On or after City shall have the seventh (7th) anniversary right to relocate COTC, from time to time, to another part of the Commercial Operation DateBuilding in which the Premises are located in accordance with the following:
(A) The new Premises shall be substantially the same in size, District maydimensions, configuration, decor and nature as are the Premises described in this Use Agreement and shall be placed in that condition by City at its option, require that the Solar Facility cost.
(B) The physical relocation of COTC shall be permanently relocated, either on the Site or to another site owned and operated accomplished by District, City at a location with its cost.
(C) City shall give COTC at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). 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 Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, 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 written notice of agreement City's intention to relocate COTC to a specified location in the Building. After receipt of such notice, COTC shall have thirty (30) days 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 of such notice. City shall have thirty (30) days after receipt of such notice from COTC to rescind its notice to relocate COTC by written notice to COTC.
(D) The relocation of COTC shall take place on a Relocation Siteweekend and shall be completely accomplished before the Monday following the weekend in which the relocation takes place. If the relocation has not been completed in that time, Provider will provide District with a calculation of Base Periodic Use Compensation shall fully ▇▇▇▇▇ from the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional relocation commences to the time it is completed.
(E) All reasonable costs to be incurred by Provider COTC as a result of such the relocation. District will have twenty , including, without limitation, costs incurred in changing addresses on stationery, business cards, directories, advertising and other reasonable items, shall be paid by City.
(20F) days If the relocated Premises are smaller than the Premises 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 review this Use Agreement evidencing COTC's relocation and the calculation and makereduction of Periodic Use Compensation, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 Districtif any.
Appears in 1 contract
Sources: Use Agreement
Relocation. On or In accordance with Article 13 of the EDC MOA, after the seventh (7th) anniversary Initial Conveyance and when the Premises occupied by the Navy in Building One is required by TIDA for implementation of the Commercial Operation Datedevelopment project, District mayTIDA shall have the right to relocate the Premises to another location within Building One or to one of the buildings known as the Great Whites, at its option, require or to any other adequate location on Treasure Island or Yerba Buena Island. If TIDA determines that the Solar Facility Premises must be permanently relocated, either on TIDA shall give Navy six (6) months prior notice and a written description of the Site or to another site owned relocation space. The relocation premises shall be in contiguous space and operated by District, at a location with at least equal Insolation substantially equivalent to the then-existing Site Premises, including access to utilities and reasonably acceptable security, provided that the relocated storage space may be located in one or more non-contiguous spaces. TIDA shall bear any reasonable costs incurred by TIDA to both Parties physically relocate Navy to any relocation space, and shall be responsible for the cost of standard tenant improvements for the relocation consistent in quality with the current Premises. Reasonable costs and standard tenant improvements, as those terms are used herein, shall include but not be limited to the cost of providing access to all utilities at the relocation space including to a dedicated T1 transmission line and the cost of establishing Navy Marine Corps Intranet (NMCI) connectivity to the “Relocation Site”)TI transmission line consistent in scope and quality with the current Premises. District The Navy requires controlled access to the NMCI server and associated equipment. Specifically TIDA is also responsible for safely packing, moving and unpacking all furniture, computers, computer equipment, files, Navy property, and Navy personnel property, except as designated by the Navy. TIDA is responsible to ensure access to all utilities, internet, phone, and communication services to the relocation space as required for Navy use consistent in scope and quality with the current Premises. The new location will have adequate natural lighting and reasonable security to ensure the protection and safety of Navy personnel and property. TIDA shall give Provider perform all coordination with SHPO, if necessary, for any alterations required at least one-hundred twenty (120) calendar days’ notice of District’s need the Great Whites to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the facilitate Navy relocation. District shall pay Provider’s actual and necessary costs The Navy is not in connection with default of these Office Provisions if the relocation of space is not suitable for functional Navy use after the Solar Facility6 months’ notice, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered connectivity to District from the Solar Facility being relocated, 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 of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable 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 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 DistrictNMCI.
Appears in 1 contract
Sources: Navy Office Provisions