Tenant’s Contingency. The Project Budget includes the Tenant’s Contingency, which shall be allocated to Project Costs as provided herein. Tenant’s Contingency is not an Other Cost and is not included in the Fixed Price. During the course of the Project, Tenant may request changes in the Project or Tenant Improvements in excess of the Tenant Improvement Allowance, but, if Tenant requires any material improvement or material deviation in the Construction Documents or the Detailed Specifications from the design or level of quality reflected in the Plans and Outline Specifications and the Project Requirements, any resulting increase in design or construction Project Costs and any costs resulting from a delay in the Project Schedule will be charged against the Tenant’s Contingency until the Tenant Contingency is fully expended. No further design changes shall be permitted unless Tenant can demonstrate the availability of funds to reimburse Landlord for any resulting increase in Project Costs and for any costs resulting from a delay in the Project Schedule. To the extent that the Construction Drawings and Detailed Specifications are consistent developments of the Plans and Outline Specifications, the Fixed Price shall not be adjusted for any change in the Project Costs required to construct the Project in accordance with such Construction Documents. Additionally, at Tenant’s option, the Tenant’s Contingency may be used for the design and/or construction of Tenant Improvements desired by Tenant in excess of the Tenant Improvement Allowance or for Additional Mitigation. Any portion of the Tenant’s Contingency unexpended upon Final Acceptance of the Project shall be disbursed to Tenant for payment of the cost of additional Tenant Improvements to the Project or deposited in the Bond Fund.
Tenant’s Contingency. The Fixed Price includes a Tenant’s Contingency which shall be allocated to the Project Costs as provided herein. If Owner requires any material improvement or material deviation in the Construction Drawings or the Detailed Specifications from the design or level of quality reflected in the Preliminary Plans and Outline Specifications, any resulting increase in design or construction Project Costs shall be charged against the Tenant’s Contingency after which no further design changes shall be permitted hereunder unless Owner agrees to pay for any resulting increase in Project Costs. To the extent that the Construction Drawings and Detailed Specifications are consistent developments of the Preliminary Plans and Outline Specifications, the Fixed Price shall not be adjusted for any changes in Project Costs required to construct the Project in accordance with such Construction Documents. Additionally, at Owner's option, the Tenant's Contingency may be used for the design and/or construction of Tenant Improvements desired by Owner in excess of Tenant Improvement Allowance.
Tenant’s Contingency. The Tenant's obligations under this lease shall be contingent upon its obtaining all approvals from the Commissioner of Banks of the Commonwealth of Massachusetts and the Federal Deposit Insurance Corporation so as to enable the Tenant to operate a commercial bank and trust company in and upon the premises. The Tenant agrees to make all the necessary applications as soon as this lease is executed and to proceed with such application in a good faith manner. If such approvals are not obtained by September 30,1996, Landlord at its option may terminate this lease. If there is a termination hereunder, Tenant at its sole cost and expense shall remove any items of personal property from the premises and shall repair and restore the premises to their previous condition prior to Tenant fit up, in a timely and expeditious manner.
Tenant’s Contingency. Landlord and Tenant hereby agree and acknowledge that Tenant’s obligations to lease the Premises hereunder, and otherwise to be bound by the terms hereof, are expressly contingent and conditioned upon Tenant obtaining all necessary approvals from federal banking regulatory entities and agencies approving of the Premises as a new branch location for Tenant. In the event that Tenant has not obtained all necessary consents from the above-referenced federal regulatory agencies or entities within sixty (60) days after the execution hereof, then this Lease shall, at Tenant’s election, both within and beyond the above referenced 60 day period, be null and void, and the parties hereto shall be released from any and all liability, responsibility or obligation hereunder. From and after the execution of this Lease, Tenant agrees to reasonably and diligently file all necessary applications to obtain the consent and approval of the Premises as a new branch location, and further agrees to advise Landlord of any favorable or adverse action taken with respect to such applications.
Tenant’s Contingency. The Tenant's obligations under this lease shall be contingent upon its obtaining all approvals from the Commissioner of Banks of the Commonwealth of Massachusetts and the Federal Deposit Insurance Corporation so as to enable the Tenant to operate a branch of a commercial bank and trust company in and upon the Leased Premises. The Tenant agrees to make all the necessary applications as soon as this lease is executed and to proceed with such application in a good faith manner. If such approvals are not obtained by September 1, 1997, Landlord at its option may terminate this lease unless the Tenant elects to proceed with the Lease without such approvals.. If there is a termination hereunder, Tenant at its sole cost and expense shall remove any items of personal property from the Leased Premises and shall repair and restore the Leased Premises to their previous condition prior to Tenant fit up, in a timely and expeditious manner.
Tenant’s Contingency. SECTION 16.14 of the Lease is hereby deleted in its entirety and is of no further force and effect.
Tenant’s Contingency. The Tenant’s obligations under this lease shall be contingent upon its obtaining all approvals from the Commissioner of Banks of the Commonwealth of Massachusetts and the Federal Deposit Insurance Corporation so as to enable the Tenant to operate a commercial bank and trust company in and upon the Premises. The Tenant agrees to make all the necessary applications as soon as this lease is executed and to proceed with such application in a good faith manner. If such approvals are not obtained in 90 days, 2004, from the date of execution of this lease by both Landlord and Tenant, Landlord at its option may terminate this lease. If there is a termination hereunder, Tenant at its sole cost and expense shall remove any items of personal property from the Premises and shall repair and restore the Premises to their previous condition prior to Tenant fit up, in a timely and expeditious manner.
Tenant’s Contingency. Landlord acknowledges that Tenant is entering into this Second Amendment in anticipation of (i) Landlord entering into an agreement with Ariba to terminate Ariba’s lease with respect to the Expansion Space and deliver possession of the Expansion Space to Tenant, and (ii) Landlord paying to Tenant the Space Expansion Fee. If Landlord does not enter into an agreement with Ariba terminating Ariba’s lease with respect to the Expansion Space by November 1, 2001 and pay to Tenant the Space Expansion Fee within the date provided herein, then Tenant shall have the right to terminate this Second Amendment in which event the Premises shall not be expanded and the Lease shall continue in full force and effect.
Tenant’s Contingency. Tenant’s obligations under this Lease are contingent upon Tenant obtaining approval of the audit committee of Tenant’s parent corporation to the subject transaction, which Tenant agrees to pursue in good faith.
Tenant’s Contingency. If Landlord has not obtained approval of Landlord's proposed site plan for the Development by January 31, 1998, Tenant shall have the right to terminate this Lease by giving Landlord written notice of Tenant's election to terminate the Lease on or before February 10, 1998. If Tenant elects to terminate this Lease under this Article 21.1, this Lease shall terminate effective as of the date of Tenant's notice of termination.
