Kelly-Moore Paint Company, entered into a fifteen-year commercial lease with Osprey, for a property in Edmond, Oklahoma.
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Kelly-Moore Paint Company, entered into a fifteen-year commercial lease with Osprey, for a property in Edmond, Oklahoma. The lease contained an option for two five-year renewals. The lease required that the Kelly-Moore give notice of its intent to renew at least six months prior to its expiration. It also provided that the renewal “may be delivered either personally or by depositing the same in United States mail, first class postage prepaid, registered or certified mail, return receipt requested.” Upon expiration of the original fifteen-year lease, Kelly-Moore timely informed the Osprey by certified letter of its intent to extend the lease an additional five years. The first five-year extension was due to expire on August 31. On the last day of the six- month notification deadline, Kelly-Moore faxed a letter of renewal notice to Osprey’s office at 5:28 p.m. In addition, Kelly-Moore sent a copy of the faxed renewal notice letter by Federal Express that same day. Osprey denies ever receiving the fax, but it admits receiving the Federal Express copy of the notice on the following business day. Osprey rejected the notice, asserting that it was late, and it filed an action to remove Kelley-Moore from the premises. Explain your decision.
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