Common use of Termination of Lease Clause in Contracts

Termination of Lease. Lessee shall have the right to terminate this Lease on the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written notice.

Appears in 2 contracts

Samples: Commercial Hangar Land Lease, Non Commercial Hangar Land Lease

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Termination of Lease. Lessee shall have If Landlord becomes aware that a Condemning Authority is considering effecting a Taking of all or any material part of the right to terminate Property, Landlord will notify Tenant (“Landlord’s Taking Notice”) within three (3) business days following Landlord’s becoming first aware of such proposed Taking and Tenant will reasonably determine whether the Taking will render the Premises unsuitable for Tenant’s intended purposes. If Tenant reasonably concludes that the Taking will render the Premises unsuitable for Tenant’s intended purposes, Landlord and Tenant will document such determination and this Lease on the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property terminate as of the Citydate the Condemning Authority takes possession of the portion of the Property taken. Landlord and Tenant hereby agree that if more than ten percent (10%) of the rentable area of the Premises shall be subject to such Taking, in which case or if more than ten percent (10%) of the City parking shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar be subject to such Taking and Landlord shall be unable to continue to provide parking spaces as required pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if 4.7 hereof within the Lessee, Parking Area or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest to provide alternative parking spaces in the hangarsame number on property contiguous with the Property and on which the most remote parking spaces shall not be located more than 300 feet from the main door of the Building, then Tenant’s determination that such taking shall render the secured party Premises unsuitable for Tenant’s purpose shall be conclusively deemed to be reasonable; the foregoing shall not under any circumstances be deemed to mean that any conclusion by Tenant that a Taking shall render the Premises unsuitable for Tenant’s purposes is unreasonable, notwithstanding that the Taking may affect less than ten percent (10%) of the Premises or less than ten percent (10%) of the parking spaces. Tenant will pay Rent to the date of termination provided, however, that if Tenant shall advise Landlord in writing of Tenant’s need to remain in the balance of the Premises for a period after the Condemning Authority shall have taken possession, (which notice shall (a) specify the exact term (not to exceed 180 days) that Tenant may remain in the Premises and (b) be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) daysdays after the date of Landlord’s Taking Notice), or then Tenant may remain in such Premises and/or the balance thereof following such Taking for a similar violation occurs within ninety period not to exceed one hundred eighty (90180) days following such Taking, upon all of the notice terms and conditions set forth herein, provided, however, that Tenant’s liability for Basic Rent and Tenant’s Share of Operating Expenses Percentage shall be adjusted in the same manner as set forth in 12.2 below. If a Condemning Authority takes all or any material part of the first violation. The secured party will also receive written notice of the termination Building or if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee Taking reduces the value of the remaining term Property by 50% or more (as reasonably determined by Landlord), regardless of whether the Premises are affected, then Landlord, at Landlord’s option, by written notice to Tenant no later than fifteen (15) days following Landlord’s original notice to Tenant of such proposed Taking, may terminate this Lease effective on the date the Condemning Authority takes possession of the lease. The remaining term portion of the lease will be determined using straight line amortization. The percentage Property taken provided, however, that if Tenant shall advise Landlord in writing of Tenant’s need to remain in the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender balance of the Premises for a period after the Condemning Authority shall have taken possession (which notice shall (a) specify the exact term (not to exceed 180 days) that Tenant may remain in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon Premises and (b) be given within thirty (30) days written notice after the date of Landlord’s Taking Notice), then Tenant may remain in such Premises and/or the balance thereof following such Taking for a period not to exceed one hundred eighty (180) days following such Taking, upon all of the Lessee. In the event terms and conditions set forth herein, provided, however, that the City exercises this option the Lessee Tenant’s liability for Basic Rent and Tenant’s Share of Operating Expenses Percentage shall be responsible for adjusted in the removal of the premises same manner as set forth in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written notice12.2 below.

Appears in 1 contract

Samples: Office Lease Agreement (Royal Caribbean Cruises LTD)

Termination of Lease. 24. It is hereby mutually agreed that either party hereto may determine this lease at the end of the said term by giving to the other party prior written notice thereof in accordance with paragraph #1.(1), but in default of such notice, this lease shall continue upon the same terms and conditions in force immediately prior to the expiration or the term hereof as are herein contained for a further period as specified in paragraph #1.(m), and so on from renewal to renewal unless or until termination by either party hereto, giving the other the aforementioned written notice for renewal previous to expiration of the then current term; PROVIDED, however, that if Lessor shall have given such written notice prior to the expiration of any term hereby created, of its intention to change the terms and conditions of this lease, and Lessee shall have not within thirty days from such notice notify Lessor of Lessee's intention to vacate the right to terminate this Lease on demised premises at the first day end of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written noticethen current term, Lessee shall explicitly state that be considered as Lessee will remove under the hangar described terms and conditions mentioned in Section 2 of this Lease within the ninety (90) day such notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lesseefor a further term as above provided, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest for such further term as may be stated in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31notice. In the event that City determines that Lessee shall give notice, as stipulated in this lease, of intention to vacate the leased demised premises are necessary for a public project, including but not limited to runway expansion or economic development at the end of the airport present term, or any renewal or extension thereof, and shall fail or refuse so to vacate the city may terminate same on the date designated by such notice, then it is expressly agreed that Lessor shall have the option either (a) to disregard the notice so given as having no effect, in which case all the terms and conditions of this agreement upon 120 lease shall continue thereafter with full force precisely as if such notice had not been given, or (b) Lessor may, at any time within thirty days after the present term or any renewal or extension thereof, as aforesaid, give the said Lessee ten days written notice of his intention to Lessee. In terminate the event that City exercises this option, said lease; whereupon the city will pay Lessee expressly agrees to Lessee vacate said premises at the value expiration of the remaining said period of ten days specified in said notice. All powers granted to Lessor by this lease may be exercised and all obligations imposed upon Lessee by this lease shall be performed by Lessee as well during any extension of the original term of this lease as during the leaseoriginal term itself. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled Inability to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written notice.give Possession

Appears in 1 contract

Samples: Collectible Concepts Group Inc

Termination of Lease. Lessee (A) If the Premises are (1) rendered wholly untenantable, or (2) materially damaged as a result of any cause which is not covered by Landlord's insurance, or (B) if the Building is damaged to the extent of fifty percent (50%) or more of the gross leasable area thereof, or (C) if, for reasons beyond Landlord's control or by virtue of the terms of any financing of the Building, sufficient insurance proceeds are not available for the reconstruction or restoration of the Building or Premises, then, in any of such events, Landlord may elect to terminate this Lease by giving to Tenant notice of such election within ninety (90) days after the occurrence of such event, or after the insufficiency of such proceeds becomes known to Landlord, whichever is applicable, provided Landlord terminates the leases of all other tenants similarly affected by such casualty. If such notice is given, the rights and obligations of the parties shall cease as of the date set forth in such notice, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be adjusted as of the date set forth in such notice, or, if the Premises were rendered untenantable, as of the date of the Casualty. Landlord agrees to cooperate to the extent possible under the circumstances, with Tenant with regard to delaying the termination notice period while Tenant locates an alternative premises. Within ninety (90) days following a Casualty, Landlord shall notify Tenant in writing of the date on which Landlord, in its best professional judgment, estimates restoration will be substantially completed. If restoration is expected to exceed one hundred eighty (180) days from the date of Landlord's notice, then Tenant shall have the right to terminate this Lease on the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured Landlord within thirty fifteen (30) days, or a similar violation occurs within ninety (9015) days after receipt of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written Landlord's notice.

Appears in 1 contract

Samples: Crown Books Corp

Termination of Lease. Lessee shall have the right to terminate this Lease on the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign Upon the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within or at the ninety (90) day notice period. Alternativelytime Lessee vacates the Premises, Lessee may request in its written notice whichever is earlier, Xxxxxx and Xxxxxx agree that they will inspect the Premises together to examine the condition of the Premises to make sure that the hangar become Premises are in the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of condition required by Lessor under this Lease. If a secured party of Lessee has a security interest Xxxxxx fails to participate in the hangarmove-out inspection with Xxxxxx, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have hereby waives the right to take over dispute the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development Lessor’s statement of the airport condition of Premises on which the city may terminate this agreement upon 120 days written notice to Lesseesecurity deposit disposition is based. In the event that City exercises this option, the city The Lessor will pay to Lessee the value provide a copy of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice move-out inspection report to the Lessee. In the event that the City exercises this option the , if Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreementso desires. In the event the Hangar is destroyed condition of the Premises are in a state of repair other than the state and conditions which existed at the commencement of this lease, including repairs made by Lessor pursuant to extent that this Lease, usual wear and tear excepted, Lessee shall bear any expense incurred by Lessor in repairing the Premises and Lessor may utilize all or any portion of the security deposit to recoup the expenses incurred by Lessor in repairing the Premises. Furthermore, if Xxxxxx does not return all keys, including copies and/or duplicates, to the leased unit and mailbox then the cost of repairing replacing all locks concerned will be at the hangar exceeds 50 percent expense of the value Lessee and deducted from the security deposit. Lessor shall provide Lessee with an itemized accounting of these repairs unless the HangarLessee has abandoned the rental unit and the Lessee’s whereabouts are unknown and cannot be ascertained after reasonable inquiry. The Lessee’s tenancy still exists during the time that the Lessee’s household’s personal possessions remain in the unit and the Lessee has not returned all keys to management (even after the Lessee’s household has moved out with the intent to vacate and leave the complex). The tenancy exists until such time as the personal possessions have been removed voluntarily or by legal means (in accordance with State and Local laws). It is also hereby understood by the Lessee that in the event that the Lessee fails to return all keys to the Premises and the Lessor must rekey or change the locks to the Premises in order to secure possession to the Premises, this agreement may rental payments will be terminated by either party upon sixty (60) days written noticedue from Lessee until such time as the locks are rekeyed or changed.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. Lessee shall have vacate the right to terminate Premises promptly at the expiration of the Lease Term and shall not hold over its t erm. Lessee will, upon termination of this Lease on Lease, surrender the first day Premises and all fixtures and equipment of any month upon ninety (90) days' written notification to Lessor therein go o d, cl ean an d o peratin g condition, ordinary wear and tear excepted. Lessee shall at the Citytime of vacating the Premises, clean the Premises, including without limitation t h e stove, refrigerator, and remove all trash from the Premises. If such cleaning and removal of trash is not accomplished by Lessee, action deemed necessary by Lessor to accomplish the same may be taken by Lessor at Lessee's expense. Upon vacating the Premises, Lessee sh all deliver all keys thereto to Lessor within twenty-four (24) hours after vacating. Failure to comply will be cause to charge Lessee for changing locks at a secured party rate of fifty dollars ($50.00) per lock plus materials. Lessee has a security interest must notify Lessor in writing by October 15, 2018 of record in tentions o f renewin g Lease fo r t he pcoming Fall Lease period, and have all new deposits in by December 31, 2018. Should Lessee desire not to renew Lease at the hangar, expiration o f the secured party must also sign the termination notice. In Lessee’s written noticecurrent Lease period, Lessee shall explicitly state that notify Lessor at least 30 days prior to said expirations in writing of intentions to vacate. If lessee is on month-to- month lease, lessee must notify Lessor 30 days prior to the end of the last month lessee intends to rent. If tenant stays past lease expiratio n t en ant will be subject to $100 per day charges for leases under $2000 per month and $150 per day for leases over $2000 per month. Note: Lessee will remove the hangar described in Section 2 no t be released from lease obligations due to transfer out of this Lease within the ninety (90) day notice period. Alternativelyarea for school, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, work or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeother reason.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. Lessee shall have the right to terminate this Lease on the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign Upon the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within or at the ninety (90) day notice period. Alternativelytime Lessee vacates the Premises, whichever is earlier, Lessee may request in its written notice and Lessor agree that they will inspect the Premises together to examine the condition of the Premises to make sure that the hangar become Premises are in the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of condition required by Lessor under this Lease. If a secured party of Lessee has a security interest fails to participate in the hangarmove-out inspection with Lessor, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have hereby waives the right to take over dispute the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development Lessor’s statement of the airport condition of Premises on which the city may terminate this agreement upon 120 days written notice to Lesseesecurity deposit disposition is based. In the event that City exercises this option, the city The Lessor will pay to Lessee the value provide a copy of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice move-out inspection report to the Lessee. In the event that the City exercises this option the , if Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreementso desires. In the event the Hangar is destroyed condition of the Premises are in a state of repair other than the state and conditions which existed at the commencement of this lease, including repairs made by Lessor pursuant to extent that this Lease, usual wear and tear excepted, Lessee shall bear any expense incurred by Lessor in repairing the Premises and Lessor may utilize all or any portion of the security deposit to recoup the expenses incurred by Lessor in repairing the Premises. Furthermore, if Lessee does not return all keys, including copies and/or duplicates, to the leased unit and mailbox then the cost of repairing replacing all locks concerned will be at the hangar exceeds 50 percent expense of the value Lessee and deducted from the security deposit. Lessor shall provide Lessee with an itemized accounting of these repairs unless the HangarLessee has abandoned the rental unit and the Lessee’s whereabouts are unknown and cannot be ascertained after reasonable inquiry. The Lessee’s tenancy still exists during the time that the Lessee’s household’s personal possessions remain in the unit and the Lessee has not returned all keys to management (even after the Lessee’s household has moved out with the intent to vacate and leave the complex). The tenancy exists until such time as the personal possessions have been removed voluntarily or by legal means (in accordance with State and Local laws). It is also hereby understood by the Lessee that in the event that the Lessee fails to return all keys to the Premises and the Lessor must rekey or change the locks to the Premises in order to secure possession to the Premises, this agreement may rental payments will be terminated by either party upon sixty (60) days written noticedue from Lessee until such time as the locks are rekeyed or changed.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. Lessee shall have the right to terminate this Lease on the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee Xxxxxx has a security interest of record in the hangar, the secured party must also sign the termination notice. In LesseeXxxxxx’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of LesseeXxxxxx’s request within two (2) weeks of receiving the request. If the City denies LesseeXxxxxx’s request, Lessee Xxxxxx must remove the hangar pursuant to Section 20 the terms of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee Xxxxxx has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the LesseeXxxxxx. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 3130. In the event that the City determines that the leased premises Premises are necessary for a public project, including but not limited to to, runway expansion or economic development of the airport Airport, the city City may terminate this agreement Lease upon 120 days written notice to Lessee. In the event that the City exercises this option, the city City will pay to Lessee the value of the remaining term of the leasethis Lease. The remaining term of the lease this Lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that the City exercises this option, Lessee shall Xxxxxx will be entitled to no additional compensation and shall will be responsible for the surrender of the Premises in accordance with section 20 of this agreementPremises. In the event the City decides to abandon the airportAirport, the City may terminate this agreement Lease upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreementXxxxxx. In the event the Hangar City exercises this option, Xxxxxx will be responsible for the surrender of the Premises. In the event the hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 fifty percent (50%) of the value of the Hangarhangar, this agreement Lease may be terminated by either party upon sixty (60) days written notice.

Appears in 1 contract

Samples: Commercial Hangar Land Lease

Termination of Lease. Lessee shall have The LESSEE, at the right expiration of the term of this lease, or upon the cancellation or termination by the LESSOR of the term of the lease due to terminate this Lease on the first day occurrence of any month upon ninety (90) days' written notification event of default mentioned in Section 23 hereof, shall promptly redeliver the said premises, including keys, appertaining thereto, to the CityLESSOR in good condition in all respects, reasonable wear and tear excepted, devoid of all occupants, equipment, furniture, articles, effects, and merchandise of any kind subject to the succeeding paragraph of this section. If a secured party Should the LESSEE fail or be unable to comply with these provisions, the LESSEE hereby expressly appoints the LESSOR as its duly authorized attorney-in-fact with power and authority to initially padlock the premises and thereafter, to open, enter and take full possession of Lessee has a security interest of record the leased premises, in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 presence of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within at lease two (2) weeks witnesses and to take inventory of receiving the requestLESSEE's equipment, furniture, articles, effects, merchandise, etc. If and to place the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest same in the hangarLESSOR's warehouse for safekeeping. In case the LESSEE fails to claim said equipment, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lesseefurniture, articles, effects, and merchandise and/or liquidate his liabilities with the LESSOR, under this contract, if any secured partyremain unpaid and outstanding, of a violation of the Lease and such violation is not cured within thirty fifteen (30) days, or a similar violation occurs within ninety (9015) days from the date of the notice of the first violation. The secured party will also receive written notice of the termination if the default transfer to LESSOR's warehouse, LESSOR is not cured in a timely manner and have hereby given the right to take over the Lease as provided dispose of said property in paragraph 31. In the event that City determines that the leased premises are necessary for a public projectsale conducted by notary public, and to apply the proceeds to whatever indebtedness the LESSEE has to the LESSOR plus reasonable expenses including but not limited storage fees incurred by the LESSOR in connection therewith and the balance, if any, shall be given to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value of the remaining term of the leaseLESSEE. The remaining term of the lease will be determined using straight line amortizationLESSOR shall not incur civil and/or criminal liabilities whatsoever by exercising its rights granted under this provision. The percentage of right granted to the remaining lease will LESSOR in this Section may be multiplied exercised by the current taxable assessed value of the land LESSOR's duly authorized employees, agents, or representatives and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee in so doing shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticenot incur civil and/or criminal liabilities whatsoever.

Appears in 1 contract

Samples: Infiniti Solutions LTD

Termination of Lease. Lessee shall have The LESSEE agrees to return or surrender the right to terminate Leased Premises at the expiration of the term or termination of this Lease on the first day Contract in as good condition as reasonable wear and tear will permit devoid of all occupants, furniture, equipment, articles and effects of any month upon ninety (90) days' written notification to kind other than partitions, alternations, installations, additions or improvements of permanent character ownership over which accrues in favor of the City. If a secured party of Lessee has a security interest of record LESSOR in accordance with the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 applicable provisions of this Lease Contract. LESSOR shall, within the ninety ten (9010) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance days from expiration or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 termination of this Leasecontract, notify the LESSEE of any furniture, equipment and effects that have not been removed and which LESSOR would want to be removed from the Leased Premises. The City may terminate this Lease upon sixty (60) days' written notice if the LesseeAny furniture, or any sub-lessee of Lesseeequipment, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lesseearticles, and any secured party, of a violation of effects not removed from the Lease and such violation is not cured Leased Premises within thirty (30) daysdays from expiration or termination of this Contract shall belong to the LESSOR. In case of breach of any condition of this Contract, the aggrieved party can extrajudicialy terminate this Contract and further, collect damages, costs of collection, expenses of litigation and reasonable; attorney's fees._ 28. PRE-TERMINATION - LESSEE may pre-terminate this Contract should LESSOR restrict or cause to restrict LESSEE's 24 hours a similar violation occurs within ninety (90) day, 7-days a week access to Leased Premises. Such pre-termination shall not cause the forfeiture of LESSEE's Deposit as above provided. LESSEE may also pre-terminate this Contract in the notice event that the Leased Premises shall become untenantable as hereinafter defined. Such pre-termination shall not cause the forfeiture of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right LESSEE's deposit, which LESSOR shall immediately return to take over the Lease as LESSEE provided in paragraph 31that LESSEE has fulfilled all its contractual obligations. In the event that City determines LESSEE does not chose to preterminate this Contract despite the fact that the leased premises are necessary for a public projectLeased Premises has become untenantable, including but not limited to runway expansion or economic development LESSEE shall inform the LESSOR of the airport actions it should take in order to remedy the city may tenantability of the Lease Premises within one hundred twenty (120) days from notice thereof. During this period, LESSEE shall continue to pay rental for the tenantable areas and shall remit the same in escrow for the credit of LESSOR. Untenantable areas shall not generate rental income. Failure of LESSOR to take appropriate action to remedy the condition of the Leased Premises shall entitle the LESSEE to pre-terminate this agreement upon 120 days written notice to LesseeContract and retrieve all amounts paid in escrow. In For purposes of this paragraph, damage is defined as the event that City exercises this option, the city will pay to Lessee the value reduction or impairment of usability of the remaining term of the leaseLeased Premises. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee Untenantability shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written notice.defined as follows:

Appears in 1 contract

Samples: Innodata Corp

Termination of Lease. Lessee (A) If the Premises are (1) rendered wholly untenantable, or (2) damaged as a result of any cause which is not covered by Landlord's insurance, or (B) if the Building is damaged to the extent of fifty percent (50%) or more of the gross leasable area thereof, or (C) if, for reasons beyond Landlord's control or by virtue of the terms of any financing of the Building, sufficient insurance proceeds are not available for the reconstruction or restoration of the Building or Premises, then, in any of such events, Landlord or Tenant may elect to terminate this Lease by giving the other notice of such election within ninety (90) days after the occurrence of such event, or after the insufficiency of such proceeds becomes known to Landlord, whichever is applicable. If such notice is given, the rights and obligations of the parties shall cease as of the date set forth in such notice, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be adjusted as of the date set forth in such notice, or, if the Premises were rendered untenantable, as of the date of the Casualty. Notwithstanding the foregoing, in the event Landlord repairs, reconstructs or restores the Building, but proceeds of Landlord’s and Tenant’s insurance are insufficient to restore the Tenant Improvements and Alterations, then Landlord shall not have the right to terminate this Lease on if Tenant provides the first day of any month upon ninety (90) days' written notification additional funds necessary to reconstruct the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate Tenant Improvements and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeAlterations.

Appears in 1 contract

Samples: Office Lease (Gp Strategies Corp)

Termination of Lease. Lessee shall have In the right to terminate this Lease on event of an Environmental Liability affecting the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property health and welfare of the Cityoccupants and invitees of the Land, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, Building or any portion thereof that is not the subject of the Landlord indemnity set forth in subparagraph (b) above or the Tenant indemnity contained in sub-lessee of Lesseeparagraph (c) above (a "Third Party Cause"), violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangarLandlord, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided at its option, upon written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured Tenant within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days following the date of such Third Party Cause (or such later date that Landlord knew of the occurrence of such Third Party Cause), shall elect to either remediate such Third Party Cause or decline the obligation of such remediation. If Landlord fails to give such notice, it shall be presumed that Landlord has elected not to remediate. If Landlord elects to remediate, it shall do so, at its sole cost and expense, as promptly as practical under the circumstances, but in any event with diligence. If Landlord elects or is presumed to have elected not to remediate, Tenant, at its option upon written notice to Landlord within sixty (60) days following the date Landlord elected or was presumed to have elected not to remediate the Third Party Cause, shall elect to either remediate such Third Party Cause or terminate this Lease effective on the date provided below. If Tenant elects to remediate, it shall do so, at its sole cost and expense, as promptly as practical under the circumstances, but in any event with diligence. If Tenant has elected to terminate this Lease, Landlord, within ten (10) business days thereafter, upon written notice to Tenant, shall have the further option to either elect to remediate the Third Party Cause (thereby voiding Tenant's option to terminate this Lease as above provided) or to decline such remediation. If Landlord fails to give such ten (10) business day notice, it shall be presumed that Landlord has elected to decline remediation and this Lease shall terminate as hereafter provided. However, if Landlord elects to remediate, it shall do so at its sole cost and expense, as promptly as possible under the circumstances, but in any event with diligence, and this Lease shall remain in full force and effect in such event. However, if Landlord elected or is presumed to have elected not to remediate as last above provided, within ten (10) business days following Landlord's election or presumed election (whichever first occurs), Tenant may notify Landlord, in writing, that Tenant elects to have the Term remain in effect, on a year to year basis, on the same terms and conditions as provided in this Lease (except as hereafter provided), commencing on the first to occur of the date Landlord last above elected or is presumed to have elected not to remediate, and ending on the day before the first anniversary of such commencement (but in no instance longer than the Term provided for in Article 1 hereof), unless, one hundred twenty (120) days prior to such anniversary, Tenant, by written notification to Landlord, elects to further cause the Term to remain in effect for one (1) additional calendar year (but in no instance longer than the Term provided for in Article 1 hereof). If Tenant so elects to cause the Term to remain in effect for one (1) or two (2) more years as above provided, it shall be on the same terms and conditions provided for in this Lease, except that Landlord, in no instance, shall be liable to Tenant or anyone claiming by, through or under Tenant for any loss, damage, injury, claim, demand, action or cause of action (Tenant hereby releasing and waiving the same) resulting from the subject Third Party Cause Environmental Liabilities. If Tenant does not elect to have the Term remain in effect as aforesaid, this Lease shall terminate on the date Landlord last above elected or is presumed to have elected not to remediate, whichever first occurs.

Appears in 1 contract

Samples: Lease Agreement (Royal Appliance Manufacturing Co)

Termination of Lease. It is hereby mutually agreed that either party hereto may terminate this lease at the end of said term by giving to the other party written notice thereof at least NINETY DAYS prior thereto, but in default of such notice, this lease shall continue upon the same terms and conditions in force immediately prior to the expiration of the term hereof as are herein contained for a further period of and so on from to unless or until terminated by either party hereto, giving the other written notice for previous to expiration of the then current term; PROVIDED, however, that should this lease be continued for a further period under the terms hereinabove mentioned, any allowances given Lessee on the rent during the original term shall not extend beyond such original term, and further provided, however, that if Lessor shall have given such written notice prior to the expiration of any term hereby created, of his intention to change the terms and conditions of this lease, and Lessee shall not within days from such notice notify Lessor of Lessee's intention to vacate the demised premises at the end of the then current term, Lessee shall be considered as Lessee under the terms and conditions mentioned in such notice for a further term as above provided, or for such further term as may be stated in such notice. In the event that Lessee shall give notice, as stipulated in this lease, of intention to vacate the demised premises at the end of the present term, or any renewal or extension thereof, and shall fail or refuse so to vacate on the date designated by such notice, then it is expressly agreed that Lessor shall have the right option either (A) to terminate this Lease on disregard the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the Cityso given as having no effect, in which case all the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 terms and conditions of this Lease. The City may terminate this Lease upon sixty (60) days' written lease shall continue thereafter with full force precisely as if such notice if the Lesseehad not been given, or (B) Lessor may, at any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured time within thirty (30) daysdays after the present term or any renewal or extension thereof, or a similar violation occurs within ninety as aforesaid, give the said Lessee TEN (9010) days of the notice of the first violation. The secured party will also receive DAYS written notice of his intention to terminate the termination if said lease; whereupon the default is not cured in a timely manner and have Lessee expressly agrees to vacate said premises at the right to take over the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development expiration of the airport the city said period of ten days specified in said notice. All powers granted to Lessor by this lease may terminate be exercised and Lessee shall perform all obligations imposed upon Lessee by this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value lease as well during any extension of the remaining original term of this lease as during the lease. The remaining original term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeitself.

Appears in 1 contract

Samples: Lease Agreement (Trimedia Entertainment Group Inc)

Termination of Lease. Lessee shall have the right to terminate this Lease on the first day of any month upon ninety (90a) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance all or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender substantially all of the Premises are either destroyed as a result of fire or other casualty, or taken for public or quasi-public purposes, or if the Tenant or Landlord is served an eminent domain petition to take all or substantially all of the Premises for public or quasi-public purposes, and the Premises are therefore rendered unsuitable for restoration for continued use and occupancy in accordance with section 20 of this agreement. In the event City decides to abandon the airportTenant's business, City may terminate this agreement upon then Tenant shall, not later than thirty (30) days written after such occurrence, deliver to Landlord (i) notice of its desire to terminate this Lease with respect to the Premises on the next due date for the Fixed Rent payment, (the "Termination Date") which occurs not less than 45 days after the delivery of such notice and (ii) a certificate of the President or Vice President of Tenant describing the event giving rise to such termination and stating that Tenant has determined that such event has rendered the Premises unsuitable for restoration for continued use and occupancy in Tenant's business, and (iii) a certificate signed by the Tenant to the effect that termination of this Lease with respect to such Premises will not be in violation of any operating or similar agreement then in effect. Such notice to the Lessee. In the event that the City exercises this option the Lessee Landlord shall be responsible accompanied by an irrevocable offer by Tenant to purchase on the Termination Date any remaining portion of the Premises at a price equal to the greater of (a) the unencumbered fair market value of the Premises determined by agreement of the parties hereto, or (b) the Purchase Price specified in the Basic Lease Information. The costs associated with such conveyance, including transfer taxes and recording fees, shall be paid by Landlord to the extent the price being paid for the removal Premises exceeds the Purchase Price specified in the Basic Lease Information, and by Tenant to the extent such costs would reduce Landlord's net receipts below such Purchase Price. Landlord may reject such offer by notice given to Tenant not later than thirty (30) days after receipt of Tenant's notice (which offer Landlord may not reject without the premises first mortgagee's consent if there is a mortgage then on the Premises which is the subject of such offer to which Landlord is a party). Unless Landlord shall have rejected such offer in accordance with section 20 of this agreement. In paragraph (with the event mortgagee's consent as aforesaid), Landlord shall be conclusively presumed to have accepted such offer, and, on the Hangar is destroyed Termination Date, shall convey to extent that Tenant the cost of repairing the hangar exceeds 50 percent remaining portion of the value Premises free of liens and encumbrances (except those existing on the Commencement Date or thereafter created with the express written consent of the HangarTenant), this agreement along with the right to receive any insurance or condemnation proceeds, as the case may be terminated by either party upon sixty (60) days written noticebe.

Appears in 1 contract

Samples: Lease (Caterair International Inc /Ii/)

Termination of Lease. Lessee If the Premises are (a) rendered wholly -------------------- untenantable, or (b) damaged as a result of any cause which is not covered by Landlord's insurance, or if the Building is damaged to the extent of fifty percent (50%) or more of the gross leasable area thereof, or if, for reasons beyond Landlord's control or by virtue of the terms of any financing of the Building, sufficient insurance proceeds are not available for the reconstruction or restoration of the Building or Premises, then, in any of such events, Landlord may elect to terminate this Lease by giving to Tenant notice of such election within ninety (90) days after the occurrence of such event, or after the insufficiency of such proceeds becomes known to Landlord, whichever is applicable. If such notice is given, the rights and obligations of the parties shall cease as of the date set forth in such notice, and the Annual Basic Rent and Additional Rent (but not any Additional Rent due Landlord either by reason of Tenant's failure to perform any of its obligations hereunder or by reason of Landlord's having provided Tenant with additional services hereunder) shall be adjusted as of the date set forth in such notice, or, if the Premises were rendered untenantable, as of the date of the Casualty. Within ninety (90) days following a Casualty, Landlord shall notify Tenant in writing of the date on which Landlord, in its best professional judgment, estimates restoration will be substantially completed. If restoration is expected to exceed one hundred eighty (180) days after the date of Landlord's notice, then Tenant shall have the right to terminate this Lease on the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to LesseeLandlord within fifteen (15) days after receipt of Landlord's notice unless Landlord, and any secured partyat its sole expense, of a violation temporarily relocates Tenant to comparable office space within another building in the Business Community for the duration of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31restoration. In the event that City determines that the leased premises are necessary for of such a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this optionrelocation, the city will pay to Lessee rent per square foot payable by Tenant for the value temporary space shall equal the lesser of (i) the remaining term of rents per square foot reserved under this Lease for the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by Premises or (ii) the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible market rental rate for the surrender of temporary space as determined by Landlord, which shall not be more than the Premises in accordance with section 20 of this agreement. In the event City decides rate at which Landlord would offer such space to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeany other third party.

Appears in 1 contract

Samples: Lease Agreement (RWD Technologies Inc)

Termination of Lease. Lessee shall have the right to terminate this Lease on the first day of any month upon ninety (90a) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance all or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender substantially all of the Premises are either destroyed as a result of fire or other casualty, or taken for public or quasi-public purposes, and the Premises are therefore rendered unsuitable for restoration for continued use and occupancy in accordance with section 20 of this agreement. In the event City decides to abandon the airportTenant's business, City may terminate this agreement upon then Tenant shall, not later than thirty (30) days written after such occurrence, deliver to Landlord (i) notice of its desire to terminate this Lease with respect to the Premises on the next due date for the Fixed Rent payment, (the "Termination Date") which occurs not less than 45 days after the delivery of such notice and (ii) a certificate of the President or Vice President of Tenant describing the event giving rise to such termination and stating that Tenant has determined that such event has rendered the Premises unsuitable for restoration for continued use and occupancy in Tenant's business, and (iii) a certificate signed by the Tenant to the effect that termination of this Lease with respect to such Premises will not be in violation of any operating or similar agreement then in effect. Such notice to the Lessee. In the event that the City exercises this option the Lessee Landlord shall be responsible accompanied by an irrevocable offer by Tenant to purchase on the Termination Date any remaining portion of the Premises at a price equal to the greater of (a) the unencumbered fair market value of the Premises determined by agreement of the parties hereto, or (b) the Purchase Price specified in the Basic Lease Information. The costs associated with such conveyance, including transfer taxes and recording fees, shall be paid by Landlord to the extent the price being paid for the removal Premises exceeds the Purchase Price specified in the Basic Lease Information, and by Tenant to the extent such costs would reduce Landlord's net receipts below such Purchase Price. Landlord may reject such offer by notice given to Tenant not later than thirty (30) days after receipt of Tenant's notice (which offer Landlord may not reject without the premises first mortgagee's consent if there is a mortgage then on the Premises which is the subject of such offer to which Landlord is a party). Unless Landlord shall have rejected such offer in accordance with section 20 of this agreement. In paragraph (with the event mortgagee's consent as aforesaid), Landlord shall be conclusively presumed to have accepted such offer, and, on the Hangar is destroyed Termination Date, shall convey to extent that Tenant the cost of repairing the hangar exceeds 50 percent remaining portion of the value Premises free of liens and encumbrances (except those existing on the Commencement Date or thereafter created with the express written consent of the HangarTenant), this agreement along with the right to receive any insurance or condemnation proceeds, as the case may be terminated by either party upon sixty (60) days written noticebe.

Appears in 1 contract

Samples: Lease Agreement (Caterair International Inc /Ii/)

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Termination of Lease. This Lease shall, at the option of Lessor, cease and terminate if (i) Lessee shall have fail to pay rent, including any installment of Monthly Rent, costs of Pre-occupancy Tenant Work payable to Lessor, if any, or any sums, charges, expenses and costs of any kind or nature identified in this Lease as additional rent, although no legal or formal demand has been made, and such failure to pay rent shall continue for a period of five (5) business days after written notice addressed to Lessee has been delivered by Lessor to Lessee in accordance with Section 31 below, or (ii) Lessee shall violate or fail to perform any of the right other conditions, covenants or agreements of this Lease made by Lessee, and any violation or failure to perform any of those conditions, covenants or agreements shall continue for a period of fifteen (15) days after written notice thereof has been delivered by Lessor to Lessee, or, in cases where the violation or failure to perform cannot be corrected within fifteen (15) days, Lessee does not begin to correct the violation or failure to perform within fifteen (15) days after receiving Lessor's written notice and/or Lessee thereafter does not diligently pursue the correction of the violation or failure to perform. Any said violation or failure to perform or to pay any rent, if left uncorrected after the expiration of the applicable notice and cure period, shall operate as a notice to quit, any further notice to quit or notice of Lessor's intention to reenter being hereby expressly waived. Lessor may thereafter proceed to recover possession under and by virtue of the provisions of the laws of the State of Maryland or by such other proceedings, including re-entry and possession, as may be applicable. If Lessor elects to terminate this Lease Lease, everything herein contained on the first day part of any month upon Lessor to be done and performed shall cease without prejudice to the right of Lessor to recover from Lessee all rent accruing up to and through the date of termination of this Lease or the date of recovery of possession of the Demised Premises by Lessor, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Lessee's default as hereinabove provided, or if Lessee shall abandon or vacate the entire Demised Premises for ninety (90) days' written notification to or more consecutive days before the City. If a secured party expiration or termination of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 term of this Lease within without actively marketing the ninety (90) day notice periodDemised Premises for sublease, the Demised Premises may be relet by Lessor for such rent and upon such terms as are commercially reasonable under the circumstances, and Lessee shall be liable for all damages sustained by Lessor and all costs of reletting and repossessing the Demised Premises, including, without limitation, deficiency in rent, reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised Premises in rentable condition. AlternativelyAny damage or loss of rent sustained by Lessor may be recovered by Lessor, Lessee may request in its written notice that at Lessor's option, at the hangar become the property time of the Cityreletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Lessor's option, may be deferred until the expiration of the term of this Lease, in which case event the City cause of action shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall not be deemed not to have violated accrued until the terms date of this Lease unless the City has provided written notice to Lessee, and any secured party, expiration of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31said term. In the no event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to shall Lessee the value of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for receive the surrender excess, if any, of net rent collected after reletting over the Premises in accordance with section 20 of this agreement. In the event City decides sums payable by Lessee to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeLessor hereunder.

Appears in 1 contract

Samples: Office Lease (Costar Group Inc)

Termination of Lease. It is hereby mutually agreed that either party hereto may determine this lease at the end of said term by giving to the other party written notice thereof at least 120 days prior thereto, but in default of such notice, this lease shall continue upon the same terms and conditions in force immediately prior to the expiration of the term hereof as are herein contained for a further period of one month and so on from month to month unless or until terminated by either party hereto, giving the other 120 days written notice for removal previous to expiration of the then current term; PROVIDED, however, that should this lease be continued for a further period under the terms hereinabove mentioned, any allowances given Lessee on the rent during the original term shall not extend beyond such original term, and further provided, however, that if Lessor shall have given such written notice prior to the expiration of any term hereby created, of his intention to change the terms and conditions of this lease, and Lessee shall have not within ten days from such notice notify Lessor of Xxxxxx's intention to vacate the right to terminate this Lease on demised premises at the first day end of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written noticethen current term, Lessee shall explicitly state that be considered as Lessee will remove under the hangar described terms and conditions mentioned in Section 2 of this Lease within the ninety (90) day such notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lesseefor a further term as above provided, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest for such further term as may be stated in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31notice. In the event that City determines that Lessee shall give notice, as stipulated in this lease, of intention to vacate the leased demised premises are necessary for a public project, including but not limited to runway expansion or economic development at the end of the airport present term, or any renewal or extension thereof, and shall fail or refuse to vacate the city may terminate same on the date designated by such notice, then it is expressly agreed that Lessor shall have the option either (a) to disregard the notice so given as having no effect, in which case all the terms and conditions of this agreement upon 120 lease shall continue thereafter with full force precisely as if such notice had not been given, or (b) Lessor may, at any time within thirty days after the present term or any renewal or extension thereof, as aforesaid, give the said Lessee ten days' written notice of his intention to Lessee. In terminate the event that City exercises this option, said lease; whereupon the city will pay Lessee expressly agrees to Lessee vacate said premises at the value expiration of the remaining said period of ten days specified in said notice. All powers granted to Lessor by this lease may be exercised and all obligations imposed upon Lesser by this lease shall be performed by Xxxxxx as well during any extension of the original term of this lease as during the lease. The remaining original term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeitself.

Appears in 1 contract

Samples: Discovery Laboratories Inc /De/

Termination of Lease. It is hereby mutually agreed that either party hereto may determine this lease at the end of said term by giving to the other party written notice thereof at least six (6) months prior thereto, but in default of such notice, this lease shall continue upon the same terms and conditions in force immediately prior to the expiration of the term hereof as are herein contained for a further period of one (1) year and so on from year to year unless or until terminated by either party hereto, giving the other six (6) months written notice for removal previous to expiration of the then current term; PROVIDED, however, that should this lease be continued for a further period under the terms herein-above mentioned, any allowances given Lessee on the rent during the original term shall not extend beyond such original term, and further provided, however, that if Lessor shall have given such written notice prior to the expiration of any term hereby created, of his intention to change the terms and conditions of this lease, and Lessee shall have the right to terminate this Lease on the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) daysdays from such notice notify Lessor of Lessee's intention to vacate the demised premises at the end of the then current term, Lessee shall be considered as Lessee under the terms and conditions mentioned in such notice for a further term as above provided, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured for such further term as may be stated in a timely manner and have the right to take over the Lease as provided in paragraph 31such notice. In the event that City determines that Lessee shall give notice, as stipulated in this lease, of intention to vacate the leased demised premises are necessary for a public project, including but not limited to runway expansion or economic development at the end of the airport present term, or any renewal or extension thereof, and shall fail or refuse so to vacate the city may terminate this agreement upon 120 same on the date designated by such notice, then it is expressly agreed that Lessor shall have the option either (a) to disregard the notice so given with full force precisely as if such notice had not been given, or (b) Lessor may, at any time within thirty days after the present term or any renewal or extension thereof, as aforesaid, give the said Lessee ten days' written notice of his intention to Lessee. In terminate the event that City exercises this option, said lease; whereupon the city will pay Lessee expressly agrees to Lessee vacate said premises at the value expiration of the remaining said period of ten days specified in said notice. All powers granted to Lessor by this lease may be exercised and all obligations imposed upon Lessee by this lease shall be performed by Lessee as well during any extension of the original term of this lease as during the lease. The remaining original term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeitself.

Appears in 1 contract

Samples: Lease Agreement (Nocopi Technologies Inc/Md/)

Termination of Lease. Lessee If at any time prior to the expiration or termination of the Sublease, the Lease shall have the expire or terminate for any reason (or Tenant’s right to possession shall terminate this Lease on without termination of the first day Lease), the Sublease shall simultaneously expire or terminate. However, Subtenant agrees, at the election and upon the written demand of any month Landlord, and not otherwise, to attorn to Landlord for the remainder of the term of the Sublease, such attornment to be upon ninety (90) days' written notification to all of the City. If a secured party terms and conditions of Lessee has a security interest of record the Lease, with such reasonable modifications as Landlord may require, except that the Minimum Rent set forth in the hangarSublease shall be substituted for the Minimum Rent set forth in the Lease and the computation of Additional Rent as provided in the Lease shall be modified as set forth in the Sublease. The foregoing provisions of this Paragraph shall apply notwithstanding that, as a matter of law, the secured party must also sign Sublease may otherwise terminate upon the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lessee, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and shall be self-operative upon such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days written demand of the notice Landlord, and no further instrument shall be required to give effect to said provisions; provided, however, Subtenant agrees to execute an attornment agreement, in form and substance acceptable to Landlord, pursuant to which Subtenant confirms that all obligations owed to Tenant under the Sublease shall become obligations owed to Landlord for the balance of the first violationterm of the Sublease. The secured party will also receive written notice Notwithstanding anything herein to the contrary, in the event of the termination if the default is not cured in a timely manner and have the right to take over of the Lease as provided in paragraph 31. In prior to the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development end of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value of the remaining term of the lease. The remaining Lease and provided that the term of the lease will be determined using straight line amortization. The percentage Sublease shall not then have expired and Subtenant is not then in material default (as hereinafter defined) under the Sublease beyond applicable notice and the expiration of cure periods, Subtenant’s peaceful and quiet enjoyment and possession of the remaining Subleased Premises shall not be disturbed, and the Sublease shall continue in full force and effect as a direct lease will with Landlord upon all the same terms and conditions thereof except as otherwise provided herein, and in such event Subtenant agrees to attorn to and recognize Landlord as the lessor under the Sublease and to pay all rents and additional rents payable thereunder to the Landlord; and the rights and obligations of Subtenant and the Landlord, as to each other, shall be multiplied by identical to those between the current taxable assessed value Tenant and Subtenant, respectively, under the Sublease, except as otherwise provided herein (except that Landlord and Tenant hereby acknowledge that the actual agreed upon square footage of Suite 500 is 11,417 square feet, rather than 11,362 as stated in the Sublease and Lease). As used herein, the term “material default” means any default which would permit the termination of the land and improvements (example: remaining lease term divided by total lease term equals Sublease. Subtenant agrees with Landlord that if Landlord shall succeed to the remaining percentage interest of the lease – 10 years remaining / 50 year lease term = 20% remaining Tenant under the Sublease, Landlord shall not be: (a) liable for any action or omission of Tenant other than liability for damages accruing after the date that Landlord succeeds to the interest of Tenant under the Sublease that relate to defaults under the Sublease existing after the date Landlord succeeds to the interest of Tenant under the Sublease; (b) subject to any off-sets or defenses that Subtenant may have against Tenant; (c) bound by any rent or additional rent that Subtenant may have paid for more than the then current month to Tenant; (d) bound by any security deposit that Subtenant may have paid unless those sums have actually been received by Landlord; (e) bound by any amendment or modification of the lease. 20% multiplied by Sublease made without Landlord’s written consent; or (g) personally liable under the current assessed value Sublease, with Subtenant expressly agreeing that any liability of $100,000 would equal $20,000). In Landlord under the event that City exercises this option, Lessee Sublease shall be entitled limited to no additional compensation Landlord’s ownership interest in the Property as defined in the Lease; if Subtenant obtains any money judgment against Landlord with respect to the Sublease or the relationship between Landlord and Subtenant, then Subtenant shall be responsible for look solely to Landlord’s interest in the surrender Property (including the rents, issues, profits, proceeds and other income from the Property received by Landlord from the operation thereof or from the sale, refinancing or other disposition of all or any part of the Premises in accordance with section 20 Landlord’s right, title or interest therein) to collect the judgment and Subtenant shall not collect or attempt to collect any such judgment out of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal any other assets of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeLandlord.

Appears in 1 contract

Samples: Sublease Agreement (Quality Systems Inc)

Termination of Lease. Lessor and Lessee shall have agree that should the fee simple title to a part of the Premises be taken by the government of the United States, State of Alaska, or any other government or power whatsoever, or by any corporation under the right to terminate of eminent domain, or should a part of the Premises be condemned by any court, city state, borough or governmental authority or office, department or bureau of the city, borough, state or United States, then in such event this Lease on the first day of any month upon ninety (90) days' written notification shall nevertheless continue in effect as to the City. If a secured party remainder of Lessee has a security interest of record the Premises unless in the hangar, the secured party must also sign the termination notice. In Lessor’s and Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property judgment so much of the CityPremises shall be so taken or condemned as to make it economically unsound to attempt to use the remainder for the uses and purposes contemplated herein, in which case latter event this Lease shall terminate as of the City date of taking of possession by the condemning authority in the same manner as if the whole of the Premises had been thus taken or condemned; provided, however, that if a Leasehold Mortgage then encumbers the Premises this Lease shall give not terminate without the prior written consent of the Mortgagee. The Lessee written notification hereby authorizes the Lessor to negotiate the payment of its acceptance an award from the condemning authority as compensation for a partial taking of the Premises and the Improvements, provided that the Lessee shall cooperate in negotiations or denial of Lesseelitigation with the condemning authority upon Lessor’s request within two (2) weeks of receiving the request. If Lessor shall collect the City denies Lessee’s requestaward and shall deposit the award (less the costs, Lessee must if any, incurred by Lessor in connection with the collection‌ of the award), with a commercial bank acceptable to Lessor. Such award, less all fees and costs assessed by such commercial bank, shall be distributed by Lessor as follows: First, the award shall be paid to the Lessor until the Lessor has recovered the value of the Land as identified in the most recent Appraisal obtained in accordance with Article III, plus CPI Adjustment from the date of the Appraisal to the date of such payment; Second, the balance of the award, if any shall be paid to Lessor to be used by Lessor to pay the costs necessary to (i) remove the hangar pursuant Improvements remaining on such portion of the Premises that were not taken by the condemning agency and restore such remaining portion of the Premises to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lesseean undeveloped condition, or any sub-lessee (ii) repair, alter and restore the remaining part of Lesseethe Improvements left on the remaining part of the Premises to a condition acceptable to Lessor, violates the terms which election of this Lease. If a secured party of Lessee has a security interest (i) or (ii) shall be made by Lessor in the hangarLessor’s sole discretion; Third, the secured party will be given notice to terminate and have balance of the same right to cure as the Lessee. Lessee award, if any, shall be deemed not used to have violated pay outstanding indebtedness secured by a Leasehold Mortgage, if any; and Fourth, the terms balance of this Lease unless the City has provided written notice award, if any, shall be allocated between the Lessor and the Lessee as follows: (x) Lessor shall receive a portion equal to Lessee, and any secured party, the remaining award amount times the number of a violation years (including fractional years) of the Lease Term elapsed divided by the total number of years in the Lease Term, and such violation is (y) Lessee shall receive a portion equal to the remaining award times the number of years (including fractional years) remaining in the Lease Term divided by the total numbers of years in the Lease Term. Options to extend that were not cured within thirty (30) days, or a similar violation occurs within ninety (90) days timely exercised before the date of the notice taking shall not be included in these calculations, and calculations of the first violation. The secured party will also receive written notice Lease Term shall not take into account the date of actual termination of the termination if Lease caused by the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31condemnation. In the event that City determines that the leased premises are necessary for of such taking or condemnation of a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender portion of the Premises in accordance with section 20 where this Lease is not terminated thereby under the provisions of the first sentence of this agreement. In 0, Rent payable during the event City decides to abandon remainder of the airport, City may terminate this agreement upon thirty (30) days written notice Term after taking of possession by said condemning authority shall be reduced on a just and proportionate basis considering the relative value and square footage of the portion of the Premises thus taken or condemned as compared to the remainder thereof and taking into consideration the extent, if any, to which Lessee’s use of the remainder of the Premises shall have been impaired or interfered with by reason of such partial taking or condemnation. In The award for a partial taking that does not result in a termination of the event that the City exercises this option the Lessee Lease shall be responsible for the removal of the premises paid as set forth in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeSection 12.3.

Appears in 1 contract

Samples: Ground Lease Agreement

Termination of Lease. Lessee shall have Landlord and Xxxxxx acknowledge and agree that effective as of the right to terminate this Lease on the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangarEffective Date, the secured party must also sign the Lease is hereby terminated and of no further force and effect. 02/22/2019 (Texas Roadhouse, Inc.) Source Lease Termination. Except as provided in this Section 9.04, upon expiration or earlier termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within Tenant shall surrender the ninety Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (90) day notice periodwhether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. Alternatively, Lessee may request in its written notice that All Alterations shall become a part of the hangar Premises and shall become the property of Landlord upon the Cityexpiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant, require Tenant to remove some or all of Tenant's Alterations, in which case the City event Tenant shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must promptly remove the hangar pursuant to Section 20 designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. The City If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Xxxxxx's written request, to notify Tenant in writing at the time of the giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the Lease Xxxx.Xxxxx Termination. Unless otherwise provided below, in the Community Lease Addendum, or otherwise provided by applicable law, you may terminate not cancel this Lease upon sixty (60) days' written notice if the Lesseefor any reason, including, but not limited to, voluntary or involuntary school withdrawal or transfer, marriage, divorce, pregnancy, loss of roommate, bad health, or any sub-lessee of Lesseeother reason other than death, violates the terms of this Lease. If a secured party of Lessee has a security interest unless agreed to in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this option, the city will pay to Lessee the value of the remaining term of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied writing by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeus.

Appears in 1 contract

Samples: static1.squarespace.com

Termination of Lease. This Lease shall be terminated by Lessee’s assumption of the status of Lessee under the Xxxxxxxx Lease, as provided in the Xxxxxxxx Lease. It is also hereby mutually agreed that either party hereto may terminate this lease at the end of said term or any renewal term established under Section 38 of this lease by giving to the other party written notice thereof at least six months prior thereto, but in the absence of such notice, this lease shall continue upon the same terms and conditions in force immediately prior to the expiration of the term hereof as are herein contained for a further period of 120 days and so on from 120 days to 120 days unless or until terminated by either party hereto, giving the other 120 days written notice of termination previous to expiration of the then current term; PROVIDED, however, that should this lease be continued for a further period under the terms hereinabove mentioned, any allowances given Lessee on the rent during the original term shall not extend beyond such original term, and further provided, however, that if Lessor shall have given such written notice prior to the expiration of any term hereby created, of his intention to change the terms and conditions of this lease, and Lessee shall have the right to terminate this Lease on the first day not within 120 days from such notice notify Lessor of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written noticeintention to vacate the Demised Premises at the end of the then current term, Lessee shall explicitly state that be considered as Lessee will remove under the hangar described terms and conditions mentioned in Section 2 of this Lease within the ninety (90) day such notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lesseefor a further term as above provided, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest for such further term as may be stated in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31notice. In the event that City determines that Lessee shall give notice, as stipulated in this lease, of intention to vacate the leased premises are necessary for a public project, including but not limited to runway expansion or economic development Demised Premises at the end of the airport present term, or any renewal or extension thereof, and shall fail or refuse so to vacate the city may terminate same on the date designated by such notice, then it is expressly agreed that Lessor shall have the option either (a) to disregard the notice so given as having no effect, in which case all the terms and conditions of this agreement upon 120 lease shall continue thereafter with full force precisely as if such notice had not been given, or (b) Lessor may, at any time within thirty days after the present term or any renewal or extension thereof, as aforesaid, give the said Lessee ten days written notice of his intention to Lessee. In terminate the event that City exercises this option, said lease; whereupon the city will pay Lessee expressly agrees to Lessee vacate said premises at the value expiration of the remaining said period of ten days specified in said notice. All powers granted to Lessor by this lease may be exercised and all obligations imposed upon Lessee by this lease shall be performed by Lessee as well during any extension of the original term of this lease as during the lease. The remaining original term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeitself.

Appears in 1 contract

Samples: Sublease Agreement (Acrodyne Communications Inc)

Termination of Lease. It is hereby mutually agreed that either party may terminate this lease at the end of its term by giving to the other party written notice at least ninety days prior thereto, but in default of such notice, this lease shall continue upon the same terms and conditions in force immediately prior to the expiration of its term as for a further period of one year and so on from year to year unless or until terminated by either party hereto, giving the other ninety days written notice for removal previous to expiration of the then current term; PROVIDED, however, that should this lease be continued for a further period under the terms herein above-mentioned, any allowances given Lessee on the rent during the original term shall not extend beyond such original term, and further provided, however, that if Lessor shall have given such written notice prior to the expiration of any term of its intention to change the terms and conditions of this lease, and Lessee shall have not within fifteen (15) days from such notice notify Lessor of Lessee's intention to vacate the right to terminate this Lease on demised premises at the first day end of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written noticecurrent term, Lessee shall explicitly state that be considered as Lessee will remove under the hangar described terms and conditions mentioned in Section 2 of this Lease within the ninety (90) day such notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City may terminate this Lease upon sixty (60) days' written notice if the Lesseefor a further term as above provided, or any sub-lessee of Lessee, violates the terms of this Lease. If a secured party of Lessee has a security interest for such further term as may be stated in the hangar, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31notice. In the event that City determines that Lessee shall give notice, as stipulated in this lease, of intention to vacate the leased demised premises are necessary for a public project, including but not limited to runway expansion or economic development at the end of the airport present term, or any renewal of extension of it, and shall fail or refuse to vacate on the city may terminate date designated by notice, then it is expressly agreed that Lessor shall have the option either (a) to disregard the notice so given as having no effect, in which case all the terms and conditions of this agreement upon 120 lease shall continue thereafter with full force precisely as if such notice had not been given, or (b) Lessor may, at any time within thirty days after the present term or any renewal or extension, give the said Lessee ten days' written notice of its intention to Lessee. In terminate the event that City exercises this option, lease; whereupon the city will pay Lessee expressly agrees to Lessee vacate the value premises at the expiration of the remaining period of ten days specified in the notice. All powers granted to Lessor by this lease may be exercised and all obligations imposed upon Lessee by this lease shall be performed by Lessee as well during any extension of the original term of this lease as during the lease. The remaining original term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeitself.

Appears in 1 contract

Samples: Lease Agreement (Dataram Corp)

Termination of Lease. Lessee shall have the right to terminate this Lease on the first day of any month upon ninety (90) days' written notification to the City. If a secured It is hereby mutually agreed that either party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City hereto may terminate this Lease upon sixty (60) days' at the end of the Demised Term by giving to the other party written notice if thereof at least three hundred sixty-five (365) days prior thereto, but in default of such notice, this Lease shall continue upon the Lesseesame terms and conditions in force immediately prior to the expiration of the Demised Term hereof as are herein contained except for Basic Rent which shall be adjusted to reflect the then current market rates for space comparable to the Demised Premises as determined by Landlord based upon other of Landlord’s rental properties, for a further period of one (1) year and so on from year to year unless or any sub-lessee until termination by either party hereto, giving the other one hundred eighty (180) days written notice for removal previous to expiration of Lesseethe then current term; PROVIDED, violates however, that should this Lease be continued for a further period under the terms of this Lease. If a secured party of Lessee has a security interest in herein-above mentioned, any allowances given Tenant on the hangar, Basic Rent during the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee original term shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lessee, and any secured party, of a violation of the Lease and extend beyond such violation is not cured within thirty (30) days, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31original term. In the event that City determines that Tenant shall give notice, as stipulated in this Lease, of termination of this Lease at the leased premises are necessary for a public project, including but not limited to runway expansion or economic development end of the airport Demised Term, or any renewal or extension thereof, and shall fail or refuse so to vacate the city may terminate this agreement upon 120 days written notice to Lessee. In same on or before the event that City exercises this option, the city will pay to Lessee the value date of termination of the remaining term of Lease, then it is expressly agreed that Landlord shall have the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements right at any time thereafter to give seven (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (307) days written notice to quit; whereupon the LesseeTenant expressly agrees to vacate said premises at the expiration of the seven (7) day period: (a) Should Tenant wrongfully continue to occupy the Demised Premises after expiration of the term of this Lease or any renewal or renewals thereof, or after a forfeiture incurred, such tenancy shall (without limitation on any of Landlord’s rights or remedies therefor) be one at sufferance from month to month at a minimum monthly rent equal to one and one-half times the Base Rent plus additional rent payable for the last month of the term of this Lease prior to the holdover. In the event that the City exercises Endo Pharmaceuticals Inc. Page 32 Confidential All powers granted to Landlord by this option the Lessee lease may be exercised and all obligations imposed upon Tenant by this Lease shall be responsible for the removal performed by Tenant as well during any extension of the premises in accordance with section 20 Demised Term of this agreementLease as during the Demised Term itself. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written notice40.

Appears in 1 contract

Samples: Lease Agreement

Termination of Lease. Lessee shall have the right to terminate this Lease on the first day of any month upon ninety (90) days' written notification to the City. If a secured party of Lessee has a security interest of record in the hangar, the secured party must also sign the termination notice. In Lessee’s written notice, Lessee shall explicitly state that Lessee will remove the hangar described in Section 2 of this Lease within the ninety (90) day notice period. Alternatively, Lessee may request in its written notice that the hangar become the property of the City, in which case the City shall give Lessee written notification of its acceptance or denial of Lessee’s request within two (2) weeks of receiving the request. If the City denies Lessee’s request, Lessee must remove the hangar pursuant to Section 20 of this Lease. The City Landlord may terminate this Lease upon sixty by giving notice of such termination to Tenant, (601) days' written notice if the LesseeTenant is in default due to failure to pay Monthly Payment(s) or Additional Rent when due, or (2) if Tenant fails to cure any subnonmonetary default within ten days after such notice (which ten day period shall be extended for such additional period of time as reasonably may be necessary to cure such default if by its nature such default cannot be cured within such ten day period, so long as, however, Tenant shall commence to cure such default within such ten day period and shall proceed diligently to cure same); PROVIDED, HOWEVER, that this subparagraph may not be invoked while a case under the Bankruptcy Code is pending in which Tenant is the subject debtor, unless Tenant or its Trustee in Bankruptcy is unable to comply with the provisions of subparagraph 21 (b)(vi), 21 (b)(vii), and 21 (b)(viii) below. Upon the giving of notice, this Lease shall terminate and Tenant shall be obligated to quit and surrender the Premises. Any other notice to quit or notice of Landlord's intention to re-lessee of Lessee, violates the terms of enter is hereby expressly waived by Tenant. If Landlord elects to terminate this Lease. If a secured party , all covenants and agreements herein made by Landlord shall cease without prejudice to the right of Lessee has a security interest in Landlord to recover from Tenant all rent accrued to the hangartime of termination or recovery of possession of the Premises by Landlord, the secured party will be given notice to terminate and have the same right to cure as the Lessee. Lessee shall be deemed not to have violated the terms of this Lease unless the City has provided written notice to Lesseewhichever is later, and any secured partyother monetary damages or loss sustained by Landlord, of a violation of the Lease and such violation is not cured within thirty (30) daysincluding, or a similar violation occurs within ninety (90) days of the notice of the first violation. The secured party will also receive written notice of the termination if the default is not cured in a timely manner and have the right to take over the Lease as provided in paragraph 31. In the event that City determines that the leased premises are necessary for a public project, including but not limited to runway expansion or economic development to, loss of the airport the city may terminate this agreement upon 120 days written notice to Lessee. In the event that City exercises this optionrent, the city will pay to Lessee the value costs of the remaining term advertising, commissions, physical alterations, and rent concessions of the lease. The remaining term of the lease will be determined using straight line amortization. The percentage of the remaining lease will be multiplied by the current taxable assessed value of the land and improvements (example: remaining lease term divided by total lease term equals the remaining percentage of the lease – 10 years remaining / 50 year lease term = 20% remaining of the lease. 20% multiplied by the current assessed value of $100,000 would equal $20,000). In the event that City exercises this option, Lessee shall be entitled to no additional compensation and shall be responsible for the surrender of the Premises in accordance with section 20 of this agreement. In the event City decides to abandon the airport, City may terminate this agreement upon thirty (30) days written notice to the Lessee. In the event that the City exercises this option the Lessee shall be responsible for the removal of the premises in accordance with section 20 of this agreement. In the event the Hangar is destroyed to extent that the cost of repairing the hangar exceeds 50 percent of the value of the Hangar, this agreement may be terminated by either party upon sixty (60) days written noticeany kind.

Appears in 1 contract

Samples: Exigent International Inc

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