12 Miss. Code. R. 8-500.2 - EXTENSION OR REDUCTION OF TERM

(1) Unilateral Extension: Provided Lessee provides at least thirty (30) day written notice by certified mail, Lessee shall have the option to unilaterally extend Lease term by up to three (3) months commencing at the expiration of the current Lease term. Approval of PPRB is not required; however, Lessee shall promptly notify the RPM Division of such extension.

(2) Mutually Agreed Extension: Where Lease term, all renewals and unilateral extension are exhausted and Lessor and Lessee mutually agree to an extension of space at the same location, such extension, subject to approval of PPRB, may be considered provided:

a. The present lease has not yet expired;

b. The Rental Rate, terms and conditions for the extension period is identical to the present Lease;

c. The extension is on a month-to-month basis for no more than one (1) year, with no permitted renewals; and,

d. The agency or department shall submit written justification of need to extend the current Lease. Such leases shall be made for the minimum amount of time necessary, shall not be entered into to subvert the competitive procurement process and shall include an option to terminate upon receipt of written notice by Lessee not less than ten (10) days prior to the start of the subsequent month.

(2) Emergency Extension: Where Lease term, all renewals and unilateral extension are exhausted and Lessor does not agree to an extension under same Rental Rate, terms and conditions, and the Agency Head determines that an emergency exists in regard to the continued provision of space, then such Agency Head shall file with the RPM Division a statement explaining the conditions and circumstances of the emergency, which shall include a detailed explanation of the events leading up to the situation and a certified copy of the appropriate minutes of the board of such agency requesting the emergency extension, if applicable. Upon receipt of the statement and applicable certification, the State Fiscal Officer, or his designees, may, in writing authorize the extension of the lease of space without having to comply with competitive bidding requirements. The RPM Division shall submit the Emergency Lease Extension to the next regularly scheduled meeting of the PPRB for ratification. Emergency Lease Extensions shall be entered into for the minimum amount of time necessary, shall be on a month-to-month basis for not more than one (1) year, with no permitted renewals and shall include an option to terminate upon receipt of written notice by Lessee not less than ten (10) days prior to the start of the subsequent month.

(3) Mutually Agreed Reduction: Where Lessor and Lessee mutually agree to the reduction of Lease term, such reduction, subject to approval of PPRB, may be considered provided:

a. The present lease has six (6) months or more remaining prior to end of Lease term;

b. The reduction in rent is equal to the term reduced times the applicable Rental Rate; and,

c. No other terms and conditions are effected by proposed reduction.

(4) Reductions Due to Reduction in Funds: Lessee's assumption of occupancy and the payment of rent is conditional on the receipt of Federal and/or State funds. In the event of a discontinuance or decrease in Federal and/or State funds, and in the event of a discontinuance or decrease in Federal and/or State funds for any cause necessitating a reduction in the Lessee's staff or need for space, the Lessee may unilaterally, and without approval of PPRB, reduce the Lease term and corresponding rent in proportion to the reduction in funds without penalty or interest or the Lease may be terminated subject to the following:

a. The Lessee shall notify the Lessor in writing by certified mail at least thirty (30) days in advance of any reduction in Lease term or termination of the Lease;

b. The reduction in rent is equal to the term reduced times the applicable Rental Rate;

c. No other terms and conditions are effected by proposed reduction; and,

d. The Lessee shall promptly notify the RPM Division of any such reduction or termination.

Notes

12 Miss. Code. R. 8-500.2

Adopted 3/16/2018