This excerpt taken from the RVBD 10-Q filed Apr 27, 2007.
LANDLORDS RIGHT TO RELOCATE TENANT
18.1. Landlords Rights.
(A) Subject to the terms of this Section 18.1, Landlord, at any time and from time to time during the Term, shall have the right to relocate Tenant from the Premises (the Premises from which Tenant is being relocated pursuant to this Section 18.1 being referred to herein as the Old Premises) to other space in the Building (such other space being referred to as the New Premises; Landlords aforesaid right to relocate Tenant from the Old Premises to the New Premises being referred to herein as the Relocation Option).
(B) Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the Relocation Notice) to Tenant not later than ninety (90) days before the date that the aforesaid relocation becomes effective (the date that the relocation becomes effective being referred to herein as the Relocation Date). A Relocation Notice shall not be effective for purposes of this Section 18.1 unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of Rentable Area equal to or greater than the Rentable Area of the Old Premises, and (ii) be similar in configuration to the Old Premises. In no event shall the Fixed Rent or Tenants Tax Share increase if the New Premises is comprised of a Rentable Area greater than the Rentable Area of the Old Premises. Landlord, at Landlords expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
(C) Tenant shall cooperate reasonably with Landlord in connection with Landlords designing and performing the construction of such interior installation in the New Premises. Such interior installation that Landlord constructs in the New Premises shall constitute the same Landlords Work, Alterations and Specialty Alterations (as the case may be) as the corresponding Landlords Work, Alterations and Specialty Alterations constituted in the Old Premises (from and after the date that Landlord completes the installation thereof in accordance with the terms of this Section 18.1). Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New
Premises to Tenant in accordance with the terms of this Section 18.1. Tenant shall not be required to remove any Landlords Work, Alterations or Specialty Alterations from the Old Premises by virtue of Landlords exercise of the Relocation Option. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenants request therefor and Tenants submission to Landlord of reasonable supporting documentation therefor.
(D) From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
(E) Notwithstanding the foregoing to the contrary, if Landlord shall give the Relocation Notice then Tenant shall have the option in lieu of relocating, to terminate this Lease by giving notice to Landlord within five (5) Business Days of the Relocation Notice (time being of the essence) and in such event, on the Relocation Date, Tenant shall vacate the Old Premises and deliver exclusive possession thereof to Landlord in accordance with the terms of this Lease that govern Tenants obligations on the expiration or termination of this Lease.