Termination of lease clause samples

(a)Termination of Lease. As of the Termination Effective Date, the Lease is terminated; provided, however, that all obligations which by their terms survive the termination of the Lease shall survive the termination of the Lease pursuant to this Agreement.

(a)Termination of Lease. As of the Termination Effective Date, the Lease is terminated; provided, however, that all obligations which by their terms survive the termination of the Lease shall survive the termination of the Lease pursuant to this Agreement and all obligations which by their terms would not survive the termination of the Lease shall be terminated.

Gain on termination of lease.  Gain on termination of lease represents the write-off of unamortized assets and liabilities in relation to the termination of a lease at the Tribeca House property.

We believe that NOI is a useful measure of our operating performance. We define NOI as income from operations plus real estate depreciation and amortization, general and administrative expenses, acquisition and other costs, amortization of identifiable intangibles and straight-line rent adjustments to revenue from long-term leases, less gain on termination of lease. We believe that this measure is widely recognized and provides an operating perspective not immediately apparent from GAAP income from operations or net income (loss). We use NOI to evaluate our performance because NOI allows us to evaluate the operating performance of our company by measuring the core operations of property performance and capturing trends in rental housing and property operating expenses. NOI is also a widely used metric in valuation of properties.

Loss from termination of lease. Effective February 29, 2016, we terminated an operating lease for our concrete plant in the eastern suburban area of Beijing due to the fact that the plant was not operating at ideal capacity and we did not anticipate it would in the foreseeable future. We entered an agreement with a third party to terminate the lease of the concrete plant. Under the agreement, the fair value of net assets of the related operation was determined to be RMB 13.7 million (approximately $2.1 million), and was settled for RMB 11.2 million (approximately $1.7 million). We recognized approximately $0.4 million loss from the termination of lease for the three months ended March 31, 2016.

Operating Activities. Net cash provided by operating activities totaled approximately $3.7 million for the nine months ended March 31, 2016, which was primarily attributable to the net loss adjusted to reconcile to net cash provided by operating activities of $1.9 million, primarily including adjustments for $1.5 million of depreciation, $0.5 million of stock-based compensation expense, $1.2 million of recovery of doubtful accounts and $0.4 million from termination of lease. Net cash from changes in operating assets and liabilities resulted in a net cash inflow of approximately $5.6 million, which mainly included additional accounts payable of $12.0 million and $3.5 million of reduction in prepayments and advances, and was primarily offset by cash outflow for additional accounts receivable of $8.4 million and reduction of other payables of approximately $1.2 million.

The aforesaid shall not amount to any acquiescence or waiver by THE LESSOR of the defaults of THE LESSEE and is in addition to any other remedies / actions THE LESSOR may take including termination of Lease. THE LESSOR shall have no responsibility or liability for any costs, losses and damages, if any, suffered by THE LESSEE on account of same. THE LESSEE hereby specifically waives its right to lodge any claim whatsoever against THE LESSOR as a result of such action.

1. Termination of Lease. (a) Notwithstanding anything contained in the Second Amendment, Landlord and Tenant hereby agree that Tenant’s lease of Suite 470 shall continue until December 31, 2016 (the “Suite 470 Termination Date”). On the Suite 470 Termination Date, Tenant shall surrender Suite 470 to Landlord in the condition described in Section 1 of the Second Amendment. Tenant shall pay Minimum Rent for Suite 470 in accordance with Section 2 below.

2.Termination of Lease. Effective as of Tenant’s receipt of the Termination Fee (as defined below in Section4 hereof) (the “Termination Date”), the Lease shall terminate and be of no further force or effect, and neither Landlord nor Tenant shall have any further rights or obligations under the Lease, except for those rights and obligations which this Agreement expressly provides shall survive such termination.

3.Termination of Lease. The Sublease is hereby terminated, effective as of 11:59p.m. local time on the Termination Date, such that, as of such date and time, the Sublease shall be deemed to be of no further force and effect, subject to the terms and conditions set forth herein. Sublandlord and Subtenant shall be released and discharged from all obligations under the Sublease accruing from and after the Termination Date, subject to the terms and conditions set forth herein. As used herein, the term “Termination Date” means October 31, 2020. Further, upon Sublandlord’s receipt of the Termination Payment, each party releases the other party from all claims, demands, damages, rights, liabilities, and causes of action of any nature whatsoever, whether at law or equity, known or unknown, suspected or unsuspected, which are related or in any manner incidental to the Sublease or the Sublease Premises, whether related to events, facts or circumstances before or after the Termination Date. Each party waives and relinquishes any right or benefit which it has or may have under applicable law regarding waiver of unknown claims to the full extent that it may lawfully waive such rights and benefits. Notwithstanding the foregoing to the contrary, this Mutual Release is not intended to release or offset actions by either party for claims arising as a result of a breach of this Agreement.

6.3 Removal of Lessee’s Property upon Termination of Lease. Upon termination of this Lease, Lessee shall remove all Lessee’s Property from the Premises, except alterations and additions made by Lessee and/or any fixtures or equipment, the removal of which would damage the Buildings. Lessee shall have ten (10) days after the termination of this Lease to either (1) remove all of Lessee’s Property or (2) pay a full month’s rent thus allowing Lessee thirty (30) days after termination to remove all of Lessee’s Property. If Lessee has not removed all Lessee’s Property from the Premises within ten (10) days (or within thirty (30) days if extended as provided above), such remaining Lessee’s Property shall be deemed abandoned by Lessee.

18.4 Effect of Termination of Lease. If this Lease is terminated by Lessor or Lessee, then this option shall automatically terminate and be void and of no force or effect.

1.Termination of Lease.Effective as of April13, 2018 (the "Termination Date"), the Lease shall be deemed terminated and Tenant shall surrender to Landlord all of Tenant's right, title and interest in and to the Premises, the Lease and any other rights of occupancy with respect to the Premises.Subject to the terms of this Agreement, from and after the Termination Date, Tenant shall have no further rights whatsoever (occupancy or otherwise) to the Premises or under the Lease, and Landlord and Tenant shall have no further duties or obligations to one another in connection with the Lease, except for (i)Tenant's obligations to continue performance of all obligations under the Lease (including, without limitation, Tenant's obligation to pay rent and all other charges and amounts due under the Lease) until such time as Tenant has properly surrendered the Premises in accordance with the terms of the Lease; (ii)Tenant's obligations under this Agreement, and (iii) the obligations of Tenant under the Lease and/or at law which are specifically stated to survive the expiration or earlier termination of the Lease (collectively, the "Surviving Obligations"). Tenant hereby acknowledges and agrees that, notwithstanding anything to the contrary contained in the Lease or this Agreement, the Surviving Obligations shall include, without limitation, Tenant's indemnification obligations contained in the Lease.

2. Termination of Lease.Landlord and Tenant acknowledge and agree that effective as of the Effective Date, the Lease is hereby terminated and of no further force and effect.