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White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)

Citation
White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)
Parent Document
White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)
Jurisdiction
Kentucky (state)
Effective Date
2016-04-29
Original Source
https://www.courtlistener.com/opinion/5446736/whitereach-brannon-rd-llc-v-rit... ↗

Other Sections in This Document (46)

Full Text

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According to White/Reach, it'purchased the Brannon Road property after negotiations with Rite Aid wherein Rite Aid represented that it intended to enter into a lease agreement and then later buy out the lease arrangement. -Rite Aid'asserted that during the economic crash in late 2008, the parties mutually agreed to delay the construction start date. Accordingly, the original Lease was amended. Pursuant to the Amendment to the Lease, White/Reach was to have begun construction of the building for the Rite Aid by August 28, 2010, and to deliver the completed building by the “outside delivery, date” of February 28, 2011.. Hence, the amendment gave White/Reach the discretion to build and deliver the store to Rite Aid any time after December 1, 2009, but no later than August 28, 2010, with final delivery of a completed building not later than February 28, 2011. The Lease was so amended on March 16, 2009.