Common use of Temporary Occupancy Clause in Contracts

Temporary Occupancy. In the event that the Actual Closing for any Leased Real Property does not occur on or before the Distribution Date, Delta and Ultra shall use their respective commercially reasonable efforts to allow Delta to occupy such Leased Real Property upon the terms and conditions contained in the relevant Lease and until the Actual Closing for such Leased Real Property; provided, however, that if an enforcement action or forfeiture by the relevant Landlord due to Delta’s or its applicable Subsidiary’s occupation of such Leased Real Property constituting a breach of the relevant Lease cannot, in the reasonable opinion of Ultra, be avoided other than by requiring Delta or its applicable Subsidiary to promptly vacate the relevant Leased Real Property, Ultra may, by notice to Delta, promptly require Delta or its applicable Subsidiary to vacate the relevant Leased Real Property on not less than ten (10) days prior written notice. Delta will be responsible for all Losses incurred or suffered by Ultra or any of its Subsidiaries as a consequence of such occupation or failure to timely vacate. Neither Delta nor its applicable Subsidiary shall be entitled to make any claim or demand against, or obtain reimbursement from, Ultra or any member of the Ultra Group with respect to any Losses incurred or suffered by Delta or its applicable Subsidiary as a consequence of being obliged to vacate the Leased Real Property or in obtaining alternative premises, including, without limitation, any Action or forfeiture which a Landlord may take against Delta or its applicable Subsidiary.

Temporary Occupancy. In the event that the Actual Closing for any Leased Real Property does not occur on or before the Distribution Date, Delta and Ultra shall use their respective commercially reasonable efforts to allow Delta Ultra to occupy such Leased Real Property upon the terms and conditions contained in the relevant Lease and until the Actual Closing for such Leased Real Property; provided, however, that if an enforcement action or forfeiture by the relevant Landlord due to DeltaUltra’s or its applicable Subsidiary’s occupation of such Leased Real Property constituting a breach of the relevant Lease cannot, in the reasonable opinion of UltraDelta, be avoided other than by requiring Delta Ultra or its applicable Subsidiary to promptly vacate the relevant Leased Real Property, Ultra Delta may, by notice to DeltaUltra, promptly require Delta Ultra or its applicable Subsidiary to vacate the relevant Leased Real Property on not less than ten (10) days prior written notice. Delta Ultra will be responsible for all Losses incurred or suffered by Ultra Delta or any of its Subsidiaries as a consequence of such occupation or failure to timely vacate. Neither Delta Ultra nor its applicable Subsidiary shall be entitled to make any claim or demand against, or obtain reimbursement from, Ultra Delta or any member of the Ultra Delta Group with respect to any Losses incurred or suffered by Delta Ultra or its applicable Subsidiary as a consequence of being obliged to vacate the Leased Real Property or in obtaining alternative premises, including, without limitation, any Action or forfeiture which a Landlord may take against Delta Ultra or its applicable Subsidiary.