Terms for Refusal Space Clause Samples

Terms for Refusal Space. Upon Tenant’s delivery of a Notice of Exercise, the Refusal Space in question shall be considered a part of the Premises, provided that except as otherwise set forth herein, all of the terms stated in the Advice shall govern Tenant’s leasing of the Refusal Space and only to the extent that they do not conflict with the Advice, the terms and conditions of the Lease shall apply to the Refusal Space. The following shall apply to ▇▇▇▇▇▇’s leasing of the Refusal Space: (1) The term for the Refusal Space shall commence upon the commencement date stated in the Advice. (2) If at least five (5) years remain in the Term at the time Tenant delivers its Notice of Exercise, then the term for the Refusal Space shall be coterminous with the Term hereof. If less than five (5) years remain in the Term at the time Tenant delivers its Notice of Exercise, then the term for the Refusal Space shall be as set forth in the Advice. (3) Tenant shall pay Yearly Rent and additional rent for the Refusal Space in accordance with the terms and conditions of the Advice. (4) If, pursuant to Section 29.17 (b)(2) above, the term for the Refusal Space is different than the term contemplated by the Active Negotiations, then any free rent or Landlord construction allowance contemplated in the Active Negotiations shall be pro-rated to reflect such difference in term (the “Pro Rata Modifications”). (5) The Refusal Space (including improvements and personalty, if any) shall be accepted by Tenant in its condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Refusal Space or the date the term for such Refusal Space commences, unless the Advice specifies work to be performed by Landlord in the Refusal Space, in which case Landlord shall perform such work in the Refusal Space.
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Terms for Refusal Space. (1) The term for the subject portion of the Refusal Space shall commence upon the commencement date stated in the Advice and thereupon such Refusal Space shall be considered a part of the Premises, provided that all of the terms stated in the Advice, including the termination date set forth in the Advice (subject to the terms hereof) and any work to be performed by Landlord as expressly indicated in the Advice, if any, shall govern Tenant’s leasing of the subject portion of the Refusal Space and only to the extent that they do not conflict with the Advice, the terms and conditions of the Lease shall apply to such Refusal Space. Tenant shall pay Base Rent and Additional Rent for the subject portion of the Refusal Space in accordance with the terms and conditions of the Advice. The term of the Lease for which any Refusal Space shall be leased shall be as follows: (i) if the remaining balance of the Term for the Premises at the time Tenant will take possession of the Refusal Space shall be less than three (3) years then, the term for the Refusal Space shall be as stated in the Advice; and (ii) if the remaining balance of the Term for the Premises (as the same may have been extended by the exercise in accordance with the terms of the Lease of any Renewal Option) at the time Tenant will take possession of the Refusal Space shall be a period of three (3) years or more, then the term for the Refusal Space shall be co-terminus with the Term for the Premises. Notwithstanding the foregoing, if Tenant shall exercise any Renewal Option after the date Tenant delivers the Notice of Exercise with respect to any Refusal Space, the term for the Refusal Space shall be extended to be co-terminus with the Term for the Premises, as so extended. (2) The subject portion of the Refusal Space (including improvements and personalty, if any) shall be accepted by Tenant in its condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Refusal Space or the date the term for such Refusal Space commences, unless the Advice specifies work to be performed by Landlord in the Refusal Space, in which case Landlord shall perform such work in the Refusal Space. If Landlord is delayed delivering possession of the Refusal Space due to the holdover or unlawful possession of such space by any party, Landlord shall use commercially reasonable efforts to obtain possession of the space, and the commencement of the term for the Refusal Space shall be postpo...
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Terms for Refusal Space. 1. The term for the Refusal Space shall commence upon the commencement date stated in the Advice and thereupon such Refusal Space shall be considered a part of the Premises, provided that all of the terms stated in the Advice (including, without limitation, the expiration date set forth in the Advice) shall govern Tenant's leasing of the Refusal Space and only to the extent that they do not conflict with the Advice, the terms and conditions of this Lease shall apply to the Refusal Space. 2. The Refusal Space (including improvements and personalty, if any) shall be accepted by Tenant in its condition and as-built configuration existing on the earlier of the date Tenant takes possession of the Refusal Space or the date the term for such Refusal Space commences, unless the Advice specifies work to be performed by Landlord in the Refusal Space, in which case Landlord shall perform such work in the Refusal Space.
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Terms for Refusal Space. (a) Subject to Section 6.3 below, the term for the Refusal Space shall commence upon the Refusal Space Commencement Date (as defined herein) and shall continue for the longer of (i) the term stated in the Advice or (ii) the remainder of the Term. Upon the Refusal Space Commencement Date, the Refusal Space shall be considered a part of the Premises. Tenant shall pay Rent for the Refusal Space in accordance with the terms and conditions of the Advice and all of the terms stated in the Advice shall govern Tenant’s occupancy of the Refusal Space; provided, however, all other non-conflicting terms and conditions of the Lease shall
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Terms for Refusal Space. (a) Subject to Section 9.03 below, the term for the Refusal Space shall commence upon the Refusal Space Commencement Date (as defined herein) and shall continue for the term stated in the Advice. Upon the Refusal Space Commencement Date, the Refusal Space shall be considered a part of the Premises. Tenant shall pay Rent for the Refusal Space in accordance with the terms and conditions of the Advice and all of the terms stated in the Advice shall govern Tenant’s occupancy of the Refusal Space; provided, however, all other non-conflicting terms and conditions of the Lease shall govern Tenant’s occupancy of the Refusal Space. The “Refusal Space Commencement Date” shall mean the delivery of the Refusal Space by Landlord subject to Substantial Completion of any improvements committed to be performed in the Refusal Space by Landlord pursuant to the Advice.
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Terms for Refusal Space. A. If the Advice is delivered within 18 months after the Commencement Date, the terms and conditions of this Lease relating to the Refusal Space shall be the same as those set forth in this Lease for the initial Premises; provided, however, that the following provisions shall apply: 1. The commencement date of this Lease for the Refusal Space shall be the earliest of (i) the first date on which Tenant conducts business in the Refusal Space, (ii) the date on which Tenant receives all governmental approvals required, with respect to the Tenant Improvements in the Refusal Space, for the lawful occupancy of the Refusal Space, or (iii) the Applicable Outside Date (defined below). As used herein, “Applicable Outside Date” means the date occurring the same number of days after the Delivery Date for the Refusal Space as the number of days in the period beginning on the Delivery Date for the initial Premises and ending on November 1, 2013; provided, however, that such number of days shall be reduced in proportion to the length of the term of this Lease for the Refusal Space (relative to the length of the term of this Lease for the initial Premises). Landlord shall cause the Delivery Date for the Refusal Space to occur on the date set forth in the Advice. The expiration date of this Lease for the Refusal Space shall be the same as the expiration date of this Lease for the initial Premises.
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Terms for Refusal Space. (a) Subject to Section 9.03 below, the term for the Refusal Space shall commence upon the Refusal Space Commencement Date (as defined herein) and shall continue for the term stated in the Advice. Upon the Refusal Space Commencement Date, the Refusal Space shall be considered a part of the Premises. Tenant shall pay Rent for the Refusal Space in accordance with the terms and conditions of the Advice and all of the terms stated in the Advice shall govern Tenant’s occupancy of the Refusal Space; provided, however, all other non-conflicting terms and conditions of the Lease shall govern Tenant’s occupancy of the Refusal Space. The “Refusal Space Commencement Date” shall mean the delivery of the Refusal Space by Landlord subject to Substantial Completion of any improvements committed to be performed in the Refusal Space by Landlord pursuant to the Advice.
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Related to Terms for Refusal Space

  • Option to Extend Lease Term Landlord hereby grants to Tenant an option to extend the Lease Term for either a) a one (1) year period; b) a two (2) year period; or c) a three (3) year period (“Option Period”), on the following terms and conditions: A. Tenant must give Landlord notice in writing of its exercise of the option in question, and the length of the Option Period, no earlier than 270 days before the date the Lease Term would end, but for the exercise of the said option, and no later than 180 days before the date the Lease Term would end, but for the exercise of the said option. B. Tenant may not extend the Lease Term pursuant to any option granted by this paragraph if Tenant is in Default beyond any applicable notice and cure period as of the date of exercise of the option, or as of the date this Lease would have been terminated but for said exercise. C. All terms, covenants and conditions of this Lease shall apply during the option period, except that the Base Monthly Rent for the Option Period shall be determined as provided in section D below. D. The Base Monthly Rent for the Option Period shall be the greater of: (i) the Base Monthly Rent payable for the last month of the Premises Lease Term, or (ii) ninety-five (95%) percent of the then fair market monthly rent determined as of the commencement of the Option Period, based upon a lease for premises of like size, quality and location in the Menlo Park area. If the parties are unable to agree upon the fair market monthly rent for the Premises for the Option Period within 30 days from Tenant’s delivery of notice of exercise of the option, then the fair market monthly rent shall be determined by appraisal conducted pursuant to subsection E of this paragraph. E. In the event it becomes necessary to determine by appraisal the fair market rent of the Premises for the purpose of establishing the Base Monthly Rent during the Option Period, then such fair market monthly rent shall be determined by three real estate appraisers, all of whom shall be members of the American Institute of Real Estate Appraisers, with not less than five years’ experience appraising real property (other than residential or agricultural property) located in San Mateo County, California, in accordance with the following procedures: (i) The party demanding an appraisal (the “Notifying Party”) shall notify the other party (the “Non-Notifying Party”) thereof by delivering a written demand for appraisal, which demand, to be effective, must give the name, address, and qualifications of an appraiser selected by the Notifying Party. Within 10 days of receipt of said demand, the Non-Notifying Party shall select its appraiser and notify the Notifying Party, in writing, of the name, address, and qualifications of an appraiser selected by it. Failure by the Non-Notifying Party to select a qualified appraiser within said 10 business day period shall be deemed a waiver of its right to select a second appraiser on its own behalf; and the Notifying Party shall select a second appraiser on behalf of the Non-Notifying Party within five days after the expiration of said 10 business day period. Within 10 business days from the date the second appraiser shall have been appointed, the two appraisers so selected shall appoint a third appraiser. If the two appraisers fail to select a third qualified appraiser, the third appraiser shall be selected by the American Arbitration Association or if it shall refuse to perform this function, then at the request of either Landlord or Tenant, such third appraiser shall be promptly appointed by the American Arbitration Association or, if it shall refuse to perform this function then, at the request of either Landlord or Tenant, such third appraiser shall be promptly appointed by the then Presiding Judge of the Superior Court of the State of California, County of San Mateo. (ii) The three appraisers so selected shall meet in Menlo Park, California, not later than 20 days following the selection of the third appraiser. At said meeting the appraisers so selected shall attempt to determine the fair market monthly rent of the Premises for the Option Period. (iii) If the appraisers so selected are unable to complete their determinations in one meeting, they may continue to consult at such times as they deem necessary for a 15 day period from the date of the first meeting, in an attempt to have at least two of them agree. If, at the initial meeting or at any time during said 15 day period, two or more of the appraisers so selected agree on the fair market rent of the Leased Premises, such agreement shall be determinative and binding on the parties hereto, and the agreeing appraisers shall, in simple letter form executed by the agreeing appraisers, forthwith notify both Landlord and Tenant of the amount set by such agreement. (iv) If two or more appraisers do not so agree within said 15 day period, then each appraiser shall, within five days after the expiration of said 15 day period, submit his independent appraisal in simple letter form to Landlord and Tenant stating his determination of the fair market rent of the Premises for the Option Period. The parties shall then determine the fair market rent for the Premises by determining the average of the fair market rent set by each of the appraisers. However, if the lowest appraisal is less than eighty-five percent (85%) of the middle appraisal then such lowest appraisal shall be disregarded and/or if the highest appraisal is greater than one hundred fifteen percent (115%) of the middle appraisal then such highest appraisal shall be disregarded. If the fair market rent set by any appraisal is so disregarded, then the average shall be determined by computing the average set by the other appraisals that have not been disregarded. (v) Nothing contained herein shall prevent Landlord and Tenant from jointly selecting a single appraiser to determine the fair market rent of the Premises, in which event the determination of such appraisal shall be conclusively deemed the fair market rent of the Premises. (vi) Each party shall bear the fees and expenses of the appraiser selected by or for it, and the fees and expenses of the third appraiser (or the joint appraiser if one joint appraiser if one joint appraiser is used) shall be borne fifty percent (50%) by Landlord and fifty percent (50%) by Tenant. F. The option rights of Tenant under the within article 20 of this Lease, and the extended term thereunder, are granted solely and exclusively for Tenants’ personal benefit and may not be assigned or transferred by Tenant other than as part of a Voluntary Permitted Transfer. G. The Base Monthly Rent for the remainder of the Option Period, if any, shall be adjusted by annual CPI increases.

  • Additional Space Commencing on May 1, 2001, Sublessor herein grants unto the Sublessee a Right of First Refusal on any space that shall be and/or becomes available in the building during the remaining Term of this Sublease. Prior to May 1, 2001 and thereafter prior to the first day of May of any calendar year during the remaining Term hereof, Sublessor shall notify Sublessee by written notice of the availability of any such space in the building. Should Sublessee desire to exercise its Right of First Refusal and sublease such available space, Sublessee must notify Sublessor in writing of its desire to sublease the available space within seven (7) calendar days of Sublessee's receipt of Landlord's notice of availability. Within thirty (30) days of the receipt of Sublessee's notice exercising the right to sublease such available space, Sublessee and Sublessor shall enter into an amendment of this agreement setting forth the terms under which the additional space is subleased to Sublessee. The Base Rental shall be at a rental mutually agreed between Sublessee and Sublessor. Failure by Sublessee to exercise its Right of First Refusal within said seven (7) calendar day period, or if exercised, failure to enter into an amendment of this agreement within thirty (30) days of Sublessor's receipt of Sublessee's notice, shall be deemed a waiver of such right and Sublessor shall thereafter be free of any obligation under this Article 2.04 for a period of 12 months. Any exercise by Sublessee of this Right of First Refusal shall be for a minimum of 5,000 rental square feet.

  • Landlord’s Option to Repair Notwithstanding the terms of Section 11.1 of this Lease, Landlord may elect not to rebuild and/or restore the Premises, Building and/or Project, in which event this Lease shall terminate, by notifying Tenant in writing of such termination within sixty (60) days after the date of discovery of the damage, such notice will include a termination date giving Tenant sixty (60) days to vacate the Premises, but this Lease may be so terminated Landlord may so elect only if the Building or Project shall be damaged by fire or other casualty or cause, whether or not the Premises are affected, and one or more of the following conditions is present: (i) in Landlord’s reasonable judgment, repairs cannot reasonably be completed within one hundred eighty (180) days after the date of discovery of the damage (when such repairs are made without the payment of overtime or other premiums); (ii) the holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall require that the insurance proceeds or any portion thereof be used to retire the mortgage debt, or shall terminate the ground lease, as the case may be; (iii) the damage is not fully covered by Landlord’s insurance policies or that portion of the proceeds from Landlord’s insurance policies allocable to the Building or the Project, as the case may be; (iv) Landlord decides to rebuild the Building or Common Areas so that they will be substantially different structurally or architecturally; (v) the damage occurs during the last twelve (12) months of the Lease Term; or (vi) any owner of any other portion of the Project, other than Landlord, does not intend to repair the damage to such portion of the Project; provided, however, that if such fire or other casualty shall have damaged the Premises or a portion thereof or Common Areas necessary to Tenant’s occupancy and as a result of such damage the Premises are unfit for occupancy, and provided that Landlord does not elect to terminate this Lease pursuant to Landlord’s termination right as provided above, and either (a) the repairs cannot, in the reasonable opinion of Landlord’s contractor, be completed within two hundred seventy (270) days after being commenced, or (b) the damage occurs during the last twelve months of the Lease Term and will reasonably require in excess of ninety (90) days to repair, Tenant may elect, no earlier than sixty (60) days after the date of the damage and not later than ninety (90) days after the date of such damage, to terminate this Lease by written notice to Landlord effective as of the date specified in the notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the date such notice is given by Tenant.

  • Grounds for refusal Under Clause 1 of Article 1377 of the Civil Code of the Russian Federation the application for grant of a patent for an industrial design shall be related to one industrial design or to a group of industrial designs associated with each other so closely as to form a single creative concept (the requirement of unity of the industrial design). This requirement is met where there is: one independent and distinct industrial design; or one industrial design and its variants differing from that industrial design by visually non-essential features and/or by color combination; or a group of industrial designs belonging to the same set of articles, as well as one or more industrial designs for separate articles belonging to the same set of articles. It is required that all industrial designs of the group shall belong to the same class of International Classification for Industrial Designs (Locarno classification). Under Clause 1 of Article 1352 of the Civil Code of the Russian Federation the essential features of an industrial design shall include features determining the aesthetic characteristics of the external appearance of the article, in particular, the shape, configuration, ornamentation, combination of colors, lines, contours of the article, texture or material of the article. The essential features of the external appearance are recognized as essential if they determine the aesthetic characteristics of the external appearance of an article, being dominant and determine the overall visual impression. The non-essential features of the external appearance include such slightly distinguishable and inexpressive features of the external appearance of an article, the exclusion of which from the set of the features of the external appearance does not lead to a change the overall visual impression (clause 72 of the Rules for the drafting, filing and examination of the documents, that are the basis for legally significant actions on the state registration of an industrial design). The claimed group of industrial designs includes: the industrial design 1: fig. 1.1 1.7; the industrial design 2: fig. 2.1 2.7; the industrial design 3: fig.

  • Refusal to Test 17.1. If a Worker refuses to participate in workplace Drug and Alcohol testing the following will apply: (a) The Employer, will inform the Worker and the workers chosen representative, that the refusal will have the same consequences as a non-negative result, i.e. that the employee will be deemed to be unfit for work due to the presence of alcohol or drugs; (b) If the worker still refuses, the Employer and the PIA, shall consult with the worker and the workers chosen representative, regarding the requirements, process and consequences of refusing to test and encourage them to partake in the test. This would be the second request to be tested; (c) If the worker still refuses, the refusal will be treated as a confirmed positive result, and will be subjected to the relevant consequences of such. All reasonable assistance is to be offered to ensure the employee can make their way from the workplace to a safe location without harm (i.e. taxi, lift from a friend or fellow worker). An agreed leave of absence arrangement is to apply for the duration of their absence.