Examples of Special Termination Option in a sentence
To validly exercise the Special Termination Option, Landlord shall be required to demonstrate that during the portion of the Term through the date on which the Special Termination Option is being exercised, there has been a pattern of Non-Termination Events of Default which were under the control of Tenant and which were, by their nature, curable.
Landlord shall not have the right to exercise the Special Termination Option for financial or economic purposes.
Notwithstanding the foregoing, Landlord shall have the right and option, exercisable in its sole discretion, to withdraw its exercise of the Special Termination Option by providing written notice of such withdrawal of the exercise of the Special Termination Option to Tenant on or before the date ("Hard Date") which is thirty (30) days after the date on which the Buyout Amount for such exercise of the Special Option is fully and finally determined pursuant to the provisions of Section 3.4 hereof.
In order to validly exercise the Special Termination Option, the Landlord must provide written notice to the Tenant of its exercise of the Special Termination Option at least thirty (30) days before, but no more than ninety (90) days before, the end of the fifth Lease Year or the tenth Lease Year.
The decision of the panel of Qualified Retired Judges as to whether the Special Termination Option was validly exercised and shall be the final and binding determination on such issue for all purposes hereof and each party hereto agrees (subject to the rights and recourses expressly provided for in the New Jersey Arbitration Act) not to institute any litigation concerning the decision of the panel of Qualified Retired Judges (except that errors of law shall be subject to appeal).
The effective date of the termination of this Lease pursuant to a valid exercise of the Special Termination Option shall be determined in accordance with the following provisions: (1) If the Hard Date with respect to such exercise of the Special Termination Option occurs within ninety (90) days following the end of a Lease Year, then the effective date of the termination of this Lease as a result of the exercise of such Special Termination Option shall be deemed to be the last day of such Lease Year.
Each party and its representative shall be entitled to attend such meeting and be given an opportunity to present testimony, other evidence and oral arguments to the three Qualified Retired Judges in favor of its position in connection with the determination as to whether the Special Termination Option was validly exercised.
Section 3.3 Arbitration for Validity of Exercise of Special Termination Option.