안녕하세요. 늘 전문가님들의 고마운 도움을 받고 있습니다. 재계약을 준비중인데, 아래와 같은 항목이 있어요.
제가 보기에는 9개월에서 1년 전에 재계약을 해야한다고 생각했는데, 건물 메니지먼트 담당자는 6개월-9개월 전 기간에 재계약 하면 된다고 합니다. 제가 잘못 해석하고 이해하는 건가요?
해석 혹은 설명 좀 부탁드릴께요. 감사합니다.
28. Option to renew mutual agreement : Provided original tenant is operating at this location, is not under any default, and has no past due accounts and is not withholding any payments even though tenant is contesting no charge, at the time this option is exercised. Landlord shall consider to grant tenant the option to extend the term and all the provisions of this lease, except for the rent specified in paragraph.
3.1 hereof for 0 period following the expiration of the initial lease term, by giving written notice to landlord by registered mail return receipt request, of the exercise of the option(the "option notice"), a least nine(9) months but not more than one(1) year prior to the expiration of the initial term of the lease or any extension period as it applies. Landlord may, at its option, grant the request to extend the lease term after a successful evaluation of tenant's performance. if landlord agrees to extend the term of the lease, the parties shall have fifteen(15) days after landlord's successful evaluation of tenant's performance in which to agree on the fair market value rent as of the date of the exercise of the option(the "New Rent") during the extended term based on the appraisal factor described in paragraph(d) hereof. if the parties agree on the New Rent for the Extended Term during such fifteen(15) day period, they shall immediately execute an amendment to this Lease stating the New Rent and such New Rent shall be deemed the rent under Paragraph 3.1 of the Lease for the Extended Term of each option. This process will repeat at the end of each option period, This option is only for the benefit of the original Tenant indicated in paragraph 1, and is void If this lease is assigned or subleased, unless, otherwise specifically approved in writing by landlord prior to the assignment or sublet and provided such grant of option is specifically stipulated in a new lease assignment agreement or a sublease Agreement. If Tenant fails to send the option Notice within the required period as indicated above, or if Tenant is in default under the lease on the date the option Notice is sent, including but not limited to non-payment of rent and oter charges, or if Tenant has failed or refused to obtain proper insurance coverage required by landlord or has failed or refused to send its certified and only by the original Tenant. Failure by the original Tenant to exercise an option automatically voids any subsequent option's.
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전문가 답변글
Young Cho, 조영택 님 답변답변일1/22/2015 8:43:16 PM
"at least 9 months but not more than 1 year prior to the expiration of the initial term of the lease or any extension period as it applies....."에서 분명하게 9개월에서 1년이내의 기간내에..... 로 명시되어있는데 메니지멘트 담당자는 어찌 6-9개월전기간에 하면 된다고 하는지 이해가 안되는군요.