Common use of Renewal Option Clause in Contracts

Renewal Option. Tenant shall have the right and option (“Renewal Option”) to renew the Term of this Lease for two (2) successive periods of fourteen (14) years each (each, a “Renewal Term”). Tenant shall give notice to Landlord of Tenant’s exercising of such option (each a “Renewal Notice”) not later than twelve (12) months prior to the then effective Expiration Date, TIME BEING OF THE ESSENCE with respect to giving of the Renewal Notice by Tenant to Landlord; provided, however, that the Renewal Notice shall be validly and effectively given only if, on the date that Tenant shall exercise its Renewal Option (the “Exercise Date”) this Lease shall not have been previously terminated or cancelled and there shall be no uncured Event of Default. If Tenant shall validly exercise its Renewal Option in accordance with the provisions of this Section 2.02, this Lease shall be deemed to be extended pursuant to the Renewal Notice, subject to the provisions of this Lease. Notwithstanding anything to the contrary contained in this Section 2.02, if on the commencement of a Renewal Term there shall be an uncured Event of Default, then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice to

Appears in 4 contracts

Samples: Agreement of Lease (GTJ REIT, Inc.), Agreement of Lease (GTJ REIT, Inc.), Agreement of Lease (GTJ REIT, Inc.)

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Renewal Option. Tenant shall have the right and option (the “Renewal Option”) to renew extend the Term of this the Lease for two the entire Premises then being leased to Tenant. The Renewal Option shall be for a term of one (21) successive periods of fourteen year (14) years each (each, a the “Renewal Term”). The Renewal Term shall commence on the day after the Expiration Date. The Renewal Option shall be void if a breach of this Lease by Tenant shall give exists, either at the time of exercise of the Renewal Option or the time of commencement of the Renewal Term. The Renewal Option must be exercised, if at all, by written notice from Tenant to Landlord of Tenant’s exercising of such option given not less than nine (each a “Renewal Notice”) not later than twelve (129) months prior to the then effective Expiration Dateexpiration of the Term. The Renewal Term shall be upon the same terms and conditions as the original Term, TIME BEING OF THE ESSENCE with respect except that (a) the Base Rent shall be equal to giving the Prevailing Market Rent as of the commencement of the Renewal Notice by Term, as determined pursuant to Exhibit E, (b) Tenant shall not be entitled to Landlord; provided, however, that any tenant improvement allowance during the Renewal Notice shall be validly Term; and effectively given only if(c) from and after the exercise of the Renewal Option, on the date that Tenant shall exercise its Renewal Option (the i) all references to Exercise Expiration Date”) this Lease shall not have been previously terminated or cancelled and there shall be no uncured Event of Default. If Tenant shall validly exercise its Renewal Option in accordance with the provisions of this Section 2.02, this Lease shall be deemed to be extended pursuant refer to the last day of the Renewal NoticeTerm, subject and (ii) all references to “Term” shall be deemed to include the provisions of Renewal Term. The Renewal Option is personal to Tenant and shall be inapplicable and null and void if Tenant assigns its interest under this Lease. Notwithstanding anything to the contrary contained in this Section 2.02, if on the commencement of except for a Renewal Term there shall be an uncured Event of Default, then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice toPermitted Transfer.

Appears in 3 contracts

Samples: Lease, Lease (Silver Spring Networks Inc), Lease (Silver Spring Networks Inc)

Renewal Option. Provided no Event of Default exists either on the date Tenant gives Landlord the renewal notice required below or at the end of the Term of this Lease, Tenant, but not any assignee or subtenant of Tenant, shall have the right and option (“Renewal Option”) to renew the Term of this Lease for two one (21) successive periods additional term of fourteen sixty (1460) years each months, upon the same terms and conditions contained in this Lease except: (each, a “Renewal Term”i) the renewal term will contain no further renewal options unless expressly granted by Landlord in writing; and (ii) the Base Rent for the Leased Premises shall be equal to the Base Rent for the last month of the Term times 1.15 (i.e. 115%). If Tenant shall give desires to renew this Lease, Tenant will notify Landlord by written notice of its intention to Landlord of Tenant’s exercising of such option renew not less than six (each a “Renewal Notice”) not later than twelve (126) months prior to the then effective Expiration Date, TIME BEING OF THE ESSENCE with respect to giving expiration date of the Renewal Notice by Tenant Term, time being of the essence. Once given, Tenant's notice to Landlord; provided, however, that the Renewal Notice renew shall be validly and effectively given only if, on the date that Tenant shall exercise its Renewal Option (the “Exercise Date”) this Lease shall not have been previously terminated or cancelled and there shall be no uncured Event of Defaultirrevocable. If Tenant fails to timely give said notice, Tenant shall validly be deemed to have waived Tenant's option to renew. Upon the valid exercise its Renewal Option by Tenant of such option to renew, at the request of either party hereto and within thirty (30) days after such request, Tenant and Landlord shall enter into a written supplement to this Lease incorporating the terms, conditions and provisions applicable to the renewal Term determined in accordance with the provisions of this Section 2.02, this Lease shall be deemed to be extended pursuant to the Renewal Notice, subject to the provisions of this Lease. Notwithstanding anything to the contrary contained in this Section 2.02, if on the commencement of a Renewal Term there shall be an uncured Event of Default, then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice to16.02.

Appears in 2 contracts

Samples: Basic Lease Terms (INX Inc), Lease Terms (I Sector Corp)

Renewal Option. 1. Provided that (i) both at the time of the exercise of the option hereinafter set forth and at the time of commencement of the Renewal Term (as hereinafter defined) this Lease is in full force and effect, and provided further that no Event of Default is continuing hereunder and (ii) Tenant shall have has neither assigned its interest under this Lease or subleased all or any portion of the right Premises nor offered to so assign this Lease or sublease all or any portion of the Premises, and (iii) Tenant is in occupancy of the entire Premises for the purpose of conducting its own business, Tenant is hereby granted the option (“Renewal Option”) to renew the Term of this Lease for two one (21) successive periods period of fourteen sixty (1460) years each months (each, a “the "Renewal Term"). The Renewal Term is to commence immediately upon the expiration of the initial Term. Once Tenant has served a Renewal Notice (as hereinafter defined) upon Landlord, Tenant shall be bound for the entire applicable Renewal Term by the terms and conditions of this Lease, as the same is modified pursuant to this Article 39. Tenant shall give exercise the option to renew only by delivering irrevocable written notice of such election (a "Renewal Notice" ) to Landlord of Tenant’s exercising of such option not less than one (each a “Renewal Notice”1) not later than twelve (12) months year prior to the then effective Expiration Date, TIME BEING OF THE ESSENCE with respect to giving expiration of the initial Term. In the event that Landlord does not receive the Renewal Notice by Tenant to Landlord; provided, however, that within such notice period (time being of the Renewal Notice shall be validly and effectively given only if, on the date that Tenant shall exercise its Renewal Option (the “Exercise Date”) this Lease shall not have been previously terminated or cancelled and there shall be no uncured Event of Default. If Tenant shall validly exercise its Renewal Option in accordance essence with the provisions of this Section 2.02, this Lease shall be deemed to be extended pursuant to the Renewal Notice, subject to the provisions of this Lease. Notwithstanding anything to the contrary contained in this Section 2.02, if on the commencement of a Renewal Term there shall be an uncured Event of Defaultrespect thereto), then such option to renew the Term shall, upon the expiration of such time period, become null and void and be of no further force or effect and Tenant shall, at the request of Landlord, execute an instrument in Landlord’s sole form and absolute discretion, may elect, by written notice tosubstance acceptable to Landlord confirming such facts.

Appears in 1 contract

Samples: Lease Agreement (Talkpoint Communications Inc)

Renewal Option. (a) Tenant shall have the right and is hereby granted an option (the "Renewal Option") to renew the Term term of this Lease for two a single additional period of five (25) successive periods consecutive years ("Renewal Period"), commencing on the day immediately following the date of fourteen the expiration of the initial term of this Lease (14) years each (eachthe "Renewal Term Commencement Date"), a “Renewal Term”). Tenant shall give notice to Landlord of Tenant’s exercising of such option (each a “Renewal Notice”) not later than twelve (12) months and otherwise on the same terms and conditions in effect under this Lease immediately prior to the then effective Expiration Renewal Period, except where otherwise so provided hereunder and except that (i) Tenant shall have no further right to extend this Lease after the expiration of such Renewal Period, (ii) the annual Base Rental rate shall be the Prevailing Rental Rate (as defined in Section 12.02(1) below) for similar space in the Building as of the Renewal Term Commencement Date, TIME BEING OF THE ESSENCE (iii) Landlord shall not be required to provide (but may do so at its option) any improvement allowance, abatement of Rent as provided with respect to giving the initial term of the Renewal Notice by Tenant to Landlord; provided, however, that the Renewal Notice shall be validly and effectively given only if, on the date that Tenant shall exercise its Renewal Option (the “Exercise Date”) this Lease or any other inducements or allowances, (iv) Tenant shall not have been previously terminated or cancelled the right to assign its renewal rights to any sublessee of the Leased Premises, nor may any such sublessee exercise such renewal rights, and there shall (v) the Leased Premises will be no uncured Event of Default. If Tenant shall validly exercise its Renewal Option provided in accordance with their then existing condition (on an "as is" basis) at the provisions of this Section 2.02, this Lease shall be deemed to be extended pursuant to time the Renewal Notice, subject to the provisions of this Lease. Notwithstanding anything to the contrary contained in this Section 2.02, if on the commencement of a Renewal Term there shall be an uncured Event of Default, then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice tocommences.

Appears in 1 contract

Samples: Lease Agreement (Howell Corp /De/)

Renewal Option. 2.1 The Estimated Commencement Date and Estimated Expiration Date are based on the anticipated time needed to construct any Tenant improvements. In the event that Landlord shall be unable, by reason of construction delays or otherwise, to deliver possession of the Premises on the Estimated Commencement Date, then this Lease shall nevertheless continue in full force and effect, and Tenant shall have the right and option right, provided it gives prompt notice thereof to Landlord, to rescind, cancel or terminate the same if possession is not given within one hundred eighty (“Renewal Option”180) to renew the Term days after (a) execution of this Lease for two Lease, and (2b) successive periods of fourteen (14) years each (each, a “Renewal Term”). Tenant shall give notice to Landlord of Tenant’s exercising of such option (each a “Renewal Notice”) not later than twelve (12) months prior to the then effective Expiration Date, TIME BEING OF THE ESSENCE with respect to giving satisfaction of the Renewal Notice by Tenant conditions precedent to Landlord; provided's commencement of construction of Tenant Improvements set forth in Section 7 hereof. If this Lease is not so terminated, however, that the Renewal Notice Tenant's liability for rent shall be validly and effectively given only if, commence on the date that Tenant on which Landlord shall exercise its Renewal Option (the “Exercise Date”) this Lease deliver possession to Tenant, which date shall not have been previously terminated or cancelled and there shall be no uncured Event of Default. If Tenant shall validly exercise its Renewal Option in accordance with the provisions of this Section 2.02, this Lease shall thereafter be deemed to be extended pursuant to the Renewal Notice, subject to the provisions "Commencement Date" for all purposes of this Lease. Notwithstanding anything to Whether or not Landlord shall deliver possession of the contrary contained Premises on the Estimated Commencement Date or within said one hundred eighty-day period, Tenant agrees that in this Section 2.02no event shall Landlord be liable for damages, if on the commencement any, sustained by Tenant as a result of a Renewal Term there shall be an uncured Event of Default, then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice to's failure to deliver possession.

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Renewal Option. (a) As long as Tenant is not in default in the performance of its covenants under this Lease, Lessor shall have grant Lessee the right and option to renew (the "Renewal Option") to renew the Term term of this Lease for two a period of thirty-six (236) successive periods of fourteen additional months (14) years each (each, a “the "Renewal Term"). Tenant Lessee shall give exercise the Renewal Option by delivering written notice of such election to Landlord of Tenant’s exercising of such option at least six (each a “Renewal Notice”) not later than twelve (126) months prior to the then effective Expiration Dateexpiration of the initial term of this Lease. The renewal of this Lease shall be upon the same terms and conditions of this Lease, TIME BEING OF THE ESSENCE with respect except (i) the Base Rental Rate during the Renewal Term shall be a Market-Base Rental Rate, (ii) Lessee shall have no option to giving renew this Lease beyond the expiration of the Renewal Notice by Tenant Term, and (iii) Lessee shall not have the right to Landlord; providedassign its renewal rights to any sublessee of the Leased Premises or EASTPARK any portion thereof or to any assignee of the Lease, howevernor may any such sublessee or assignee exercise or enjoy the benefit of such renewal rights. Notwithstanding the foregoing, that the Renewal Notice Lessee shall be validly have no right to exercise such option to renew, and effectively given only ifLessor shall have no obligation to renew this Lease, on the date that Tenant shall exercise its Renewal Option unless (the “Exercise Date”A) this Lease shall not have been previously terminated be in full force and effect upon the date of the exercise of the Renewal Option and upon the date of the expiration of the original term, and (B) on the date of the exercise of the Renewal Option and on the date of the expiration or cancelled and the original term there shall be exist no uncured Event default on the part of Default. If Tenant shall validly exercise its Renewal Option in accordance with the provisions of this Section 2.02, this Lease shall be deemed to be extended pursuant to the Renewal Notice, subject to the provisions of Lessee under this Lease. Notwithstanding anything to the contrary contained in this Section 2.02, if on the commencement of a Renewal Term there shall be an uncured Event of Default, then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice to.

Appears in 1 contract

Samples: Lease Agreement (Windy Hill Pet Food Co Inc)

Renewal Option. If Tenant shall have is not then in default under this Lease or any of the right and option (“Renewal Option”) to renew provisions hereof, Tenant may extend the Term term of this Lease for two (2) additional successive periods of fourteen one (141) years each (year each, a “Renewal Term”)by notifying Landlord in writing of its intention to do so at least ninety (90) days prior to the expiration of the then current term. Each such renewal term shall be under the same terms and conditions as are herein set forth except that the annual rental for each succeeding renewal term shall be adjusted as follows: RENTAL RATE FOR THE RENEWAL TERM SHALL BE THE THEN CURRENT RATE ESCALATED BY THREE PERCENT (3%) THROUGHOUT THE RENEWAL TERM. Notwithstanding the foregoing, Landlord shall have the right to terminate Tenant's right to renew as herein set forth provided that Landlord gives Tenant shall give written notice of its intention not to renew Tenant either prior to Tenant's written notice to Landlord of its intention to renew or within five (5) business days following Tenant’s exercising 's written notice to Landlord of such option (each a “Renewal Notice”) not later than twelve (12) months prior its intention to the renew. If Landlord provides its timely notice to Tenant as herein set forth, then effective Expiration Date, TIME BEING OF THE ESSENCE with respect Tenant's rights to giving of the Renewal Notice by Tenant to Landlord; provided, however, that the Renewal Notice renew shall be validly terminated and effectively given only if, on the date that Tenant shall exercise its Renewal Option (the “Exercise Date”) this Lease shall not have been previously terminated or cancelled and there Landlord shall be no uncured Event of Default. If Tenant shall validly exercise its Renewal Option in accordance with free to lease the provisions of this Section 2.02, this Lease shall be deemed Premises to be extended pursuant to the Renewal Notice, subject to the provisions of this Lease. Notwithstanding anything to the contrary contained in this Section 2.02, if on the commencement of a Renewal Term there shall be an uncured Event of Default, then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice tothird parties.

Appears in 1 contract

Samples: Lease (Steelcloud Inc)

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Renewal Option. Subject to the terms and conditions of this Section 3.2, Landlord agrees that as long as this Lease is then in full force and effect at the expiration of the Initial Term, no Significant Event of Default exists at either the date of delivery of the Tenant’s Renewal Notice or the commencement of the Renewal Term, each of the tenants under the Other Leases is entitled to and does concurrently exercise the renewal option under each of the Other Leases, and Tenant has not exercised the Purchase Option hereunder, and none of the tenants under any of the Other Leases has exercised the purchase option contained in any of the Other Leases, then Tenant shall have the right and one (1) option (the “Renewal Option”) to renew the Term of this Lease for two period of ten (2) successive periods of fourteen (1410) years each (each, a the “Renewal Term”). As used herein, "Significant Event of Default" means (i) an Event of Default for failure to pay any Monetary Obligations and (ii) any other Event of Default where Landlord has elected to terminate this Lease or to terminate Tenant's right of possession. Tenant shall give exercise the Renewal Option by delivering written notice to Landlord of (“Tenant’s exercising of such option (each a “Renewal Notice”) not of such election to Landlord. Tenant’s Renewal Notice must be provided no later than twelve the ninetieth (1290th) months day prior to the then effective Expiration Date, TIME BEING OF THE ESSENCE with respect to giving fifth (5th) anniversary of the Effective Date. The Renewal Notice by Tenant to Landlord; provided, however, that the Renewal Notice shall be validly and effectively given only if, on the date that Tenant shall exercise its Renewal Option (the “Exercise Date”) this Lease shall not have been previously terminated or cancelled and there shall be no uncured Event Term of Default. If Tenant shall validly exercise its Renewal Option in accordance with the provisions of this Section 2.02, this Lease shall be deemed to be extended pursuant to upon the Renewal Notice, subject to the provisions same terms and conditions of this Lease. Notwithstanding anything to the contrary contained in this Section 2.02Lease as it may have been amended, if on the commencement of a Renewal Term there shall be an uncured Event of Default, then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice toexcept that:

Appears in 1 contract

Samples: Lease With Purchase Option (Asbury Automotive Group Inc)

Renewal Option. (a) Provided (i) this Lease is in effect and Tenant is not in default hereunder beyond any applicable grace period, either at the time of any exercise of this option or at the time of the commencement of the applicable Renewal Term (as hereinafter defined), and (ii) Tenant shall be in occupancy of all of the Leased Premises, Tenant shall have the right and option (“Renewal Option”) to renew the Term of this Lease for two (2) successive periods of fourteen consecutive five (145) years year renewal terms (each (each, a "Renewal Term”)") upon the same terms as in this Lease, except that (A) the Basic Rent during each Renewal Term shall be determined as provided in this Section, (B) the terms of this Lease relating to Landlord's Contribution shall not apply to such Renewal Terms and (C) Tenant shall have no right to renew the term of this Lease for any period beyond the second Renewal. Tenant shall give exercise such option, if at all, by written notice ("Tenant's Notice") to Landlord of Tenant’s exercising of such option given at least eighteen (each a “Renewal Notice”18) not later than twelve (12) calendar months prior to the then effective Expiration Date, TIME BEING OF THE ESSENCE with respect to giving expiration of the Renewal Notice by Tenant to Landlord; provided, however, that Term (as the Renewal Notice shall be validly and effectively given only if, on the date that Tenant shall exercise its Renewal Option (the “Exercise Date”) this Lease shall not same may have been previously terminated or cancelled and there shall be no uncured Event extended by any Renewal Term). Upon Landlord's receipt of Default. If Tenant shall validly exercise its Renewal Option in accordance with the provisions of this Section 2.02Tenant's Notice, this Lease shall be deemed to be automatically extended pursuant to for the applicable Renewal NoticeTerm with the same force and effect as if the applicable Renewal Term had been originally included in the Term, subject to the provisions terms and conditions of this Lease. Notwithstanding anything to the contrary contained in this Section 2.02, if on the commencement of a Renewal Term there shall be an uncured Event of Default, then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice toSection.

Appears in 1 contract

Samples: Lease Agreement (Knight Trimark Group Inc)

Renewal Option. (a) Landlord shall grant Tenant shall have the right and option to renew (the "Renewal Option") to renew the Term term of this Lease for two a period of sixty (260) successive periods of fourteen additional months (14) years each (each, a “the "Renewal Term"). Tenant shall give exercise the Renewal Option by delivering written notice of such election to Landlord of Tenant’s exercising of such option at least six (each a “Renewal Notice”) not later than twelve (126) months prior to the then effective Expiration Dateexpiration of the initial term of this Lease. The renewal of this Lease shall be upon the same terms and conditions of this Lease, TIME BEING OF THE ESSENCE with respect except (i) the Base Rent during the Renewal Term shall be calculated based on the prevailing Market Base Rental Rate (as hereinafter defined) at the time Tenant gives Landlord notice that it is exercising the Renewal Option, (ii) Tenant shall have no option to giving renew this Lease beyond the expiration of the Renewal Notice by Tenant to Landlord; providedTerm, however, that and (iii) the leasehold improvements will be provided in their then-existing condition (on an "as is" basis) at the time the Renewal Notice shall be validly and effectively given only if, on the date that Tenant shall exercise its Renewal Option (the “Exercise Date”) this Lease shall not have been previously terminated or cancelled and there shall be no uncured Event of DefaultTerm commences. If Tenant shall validly exercise its Renewal Option remain in accordance with possession of the provisions Premises after the expiration of the original term without there having been executed between Landlord and Tenant an amendment to this Lease as contemplated by the terms of this Section 2.02Section, this Lease then Tenant shall be deemed to be extended pursuant to the Renewal Notice, subject to the provisions of a Tenant holding over as provided in this Lease. Notwithstanding anything to the contrary contained in this Section 2.02, if on the commencement of a Renewal Term there shall be an uncured Event of Default, then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice to.

Appears in 1 contract

Samples: Office Lease (Lifepoint Hospitals Holdings Inc)

Renewal Option. (a) Provided that no Event of Default (as defined in Section 22) has occurred and is then continuing, Tenant shall have the right and option (“Renewal Option”) to renew extend the Primary Term of this Lease for two (2) successive additional periods of fourteen five (145) years each (each, a “the "First Renewal Term”)" and the "Second Renewal Term", respectively, and, collectively, the "Renewal Terms") in accordance with this Section 3.1. If Tenant does not extend the Primary Term for the First Renewal Term, it shall give have no right to extend the Term for the Second Renewal Term. The option for the First Renewal Term my be exercised by Tenant by written notice given to Landlord of Tenant’s exercising of such option not less than nine (each a “Renewal Notice”) not later than twelve (129) months prior to the then effective Expiration Dateend of the Primary Term. If Tenant properly exercises its right to the First Renewal Term, TIME BEING OF THE ESSENCE the option for the Second Renewal Term may be exercised by Tenant by written notice given to Landlord not less than nine (9) months prior to the end of the First Renewal Term. Subject to the terms of subsection (b) of this Section 3.1, all of the terms and provisions of this Lease shall govern and be applicable to the First Renewal Term and the Second Renewal Term (with respect to giving the exceptions that (i) there will be no period of rent-free occupancy at the commencement of either of the Renewal Notice by Tenant Terms, (ii) Landlord will have no obligation to Landlord; providedconstruct any improvements, however, that provide any allowances or grant any rental abatement prior to commencement of accrual of Base Rent for either Renewal Term and (iii) there will be no renewal of the Term other than the Renewal Notice shall be validly and effectively given only if, on Terms) if Tenant timely exercises its right to extend the date that Tenant shall exercise its Renewal Option (the “Exercise Date”) this Lease shall not have been previously terminated or cancelled and there shall be no uncured Event of Default. If Tenant shall validly exercise its Renewal Option Term in accordance with the provisions of this Section 2.02, this Lease shall be deemed to be extended pursuant to the Renewal Notice, subject to the provisions of this Lease. Notwithstanding anything to the contrary contained in this Section 2.02, if on the commencement of a Renewal Term there shall be an uncured Event of Default, then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice tosubsection (a).

Appears in 1 contract

Samples: Industrial Lease Agreement (Mohawk Industries Inc)

Renewal Option. Tenant shall have (a) Subject to Lessee not being in default hereunder beyond the right expiration of any applicable notice, grace and option (“Renewal Option”) to renew cure period, the Term of this Lease shall be automatically extended for two three (23) successive periods renewal terms of fourteen ten (1410) years each (each, a “Renewal Term”). Tenant shall give , unless, with respect to any Renewal Term, Lessee provides irrevocable written notice to Landlord of Tenant’s exercising of such Lessor electing not to exercise the renewal option (each herein, a “Renewal NoticeOption”) not later than twelve (12) months prior applicable to the then effective Expiration Date, TIME BEING OF THE ESSENCE with respect to giving of the such Renewal Notice by Tenant to Landlord; provided, however, that the Renewal Notice shall be validly and effectively given only if, on the date that Tenant shall exercise its Renewal Option (the “Exercise Date”) this Lease shall not have been previously terminated or cancelled and there shall be no uncured Event of Default. If Tenant shall validly exercise its Renewal Option Term in accordance with the provisions of this Section 2.02, this Lease 6. The Renewal Option applicable to each Renewal Term shall be deemed to be extended pursuant to automatically elected for such Renewal Term only if (x) Lessee is not in default hereunder on the date of automatic exercise of the Renewal Notice, subject to Term or on the provisions of date that such Renewal Term commences and (y) Lessee shall have exercised all prior Renewal Options under this Lease. Notwithstanding anything Furthermore, in no event shall any Renewal Option be effective for any Renewal Term for less than all of the Sites then comprising the Premises covered by this Lease. Further, once Lessee provides irrevocable written notice to Lessor electing not to exercise the contrary contained in this Section 2.02Renewal Option for any particular Renewal Term, if on the commencement of then Lessee shall no longer be permitted or entitled to exercise a Renewal Term there shall be an uncured Event of Default, Option for any other then Landlord, in Landlord’s sole and absolute discretion, may elect, by written notice toremaining Renewal Term.

Appears in 1 contract

Samples: Unitary Net Lease Agreement (Getty Realty Corp /Md/)

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