Common use of Cancellation Right Clause in Contracts

Cancellation Right. 51.01 Tenant shall have the one-time right to cancel this Lease in its entirety (Tenant’s “Cancellation Right”), effective as of the seventh (7th) anniversary of the Rent Commencement Date (or if same is not the last day of a calendar month, effective as of the last day of the calendar month in which the seventh (7th) anniversary of the Rent Commencement Date shall occur), provided that: (i) Tenant delivers to Landlord no less than three hundred sixty-five (365) days prior notice of its election to exercise its Cancellation Right (the “Cancellation Notice”): and (ii) Tenant delivers to Landlord simultaneously with its Cancellation Notice, a cancellation fee in an amount equal to the sum of (a) the unamortized costs incurred by Landlord in connection with this Lease and the Premises for improvements, alterations, rent concessions and brokerage commissions, said costs to be amortized over the term of this Lease on a straight line basis with interest thereon at the rate of eight (8%) percent per annum, plus (b) an amount equal to two (2) monthly installments of Fixed Annual Rent at the rate then payable by Tenant under this Lease at the time of Tenant’s delivery of the Cancellation Notice (collectively, the “Cancellation Fee”); and (iii) Tenant is not in monetary or material non-monetary default under this Lease after notice and the expiration of any applicable cure periods contained herein, both on the date on which the Cancellation Notice is received by Landlord and upon the effective date of cancellation, as set forth in the Cancellation Notice (the “Cancellation Date”) (in which event Tenant’s rights under this Article shall be suspended until the earlier of (x) Tenant’s timely and full cure of the default alleged in any such notice, at which time Tenant’s rights hereunder shall be reinstated, and (y) the expiration of Tenant’s time in which to cure any such default, at which time Tenant’s rights hereunder shall be extinguished and any Cancellation Fee previously paid to Landlord by Tenant shall be promptly returned to Tenant less any and all amounts applied or incurred by Landlord pursuant to this Lease in order to cure Tenant’s default under this Lease which resulted in the extinguishing of Tenant’s rights hereunder); and (iv) Tenant surrenders the Premises to Landlord on or prior to the Cancellation Date in good order and condition (reasonable wear and tear and damage by fire or other casualty excepted), vacant and broom clean, free of all personal property, occupancies and encumbrances and otherwise in the condition required hereunder as if the Cancellation Date were the Expiration Date. Landlord shall have the right, in its sole discretion, to waive any or all of the foregoing conditions to Tenant’s exercise of the Cancellation Right. Notwithstanding Tenant’s exercise of the Cancellation Right in accordance with the terms of this Article, the provisions of Articles 20 (“Indemnity”) and 40 (“Brokers”) hereof, in addition to all Articles hereof which, by their terms, state that they shall survive the expiration or sooner termination of this Lease, shall survive Tenant’s cancellation of this Lease pursuant to this Article.

Cancellation Right. 51.01 Tenant Either Seller or Buyer shall have the one-time right to cancel this Lease in its entirety (Tenant’s “Cancellation Right”), effective as the delivery or reception of the seventh (7th) anniversary LNG Cargo Lot number 1 provided for delivery at the LNG Receiving Facilities in April 2008 provided that the Party exercising such right shall notify the other Party not later than the 29th February 2008. If either Party exercises its right to cancel the LNG Cargo Lot number 1 in accordance with the conditions stated herein, the Parties shall not be considered as having failed to perform any of their obligations with respect to such LNG Cargo Lot number 1 pursuant to this Specific Order. Seller shall have the right to cancel the delivery of any of the Rent Commencement Date six (or 6) LNG Cargo Lots (number 2 to number 7) provided for delivery in the time period from May to October 2008 included, and provided that : - if same is Seller decides to cancel the delivery of all such six (6) LNG Cargo Lots under this Specific Order, Seller shall notify Buyer not later than the last day 29th February 2008 and shall pay to Buyer an amount in USD equal to 0.25 USD x 6 x (2,600,000 + 3,500,000) / 2 (the “Total Cancellation Fee”) - if Seller decides to cancel the delivery of a calendar monthany one of such six (6) LNG Cargo Lots under this Specific Order, effective as Seller shall notify Buyer of the last cancellation of the delivery of such LNG Cargo Lot not later than the 1st day of the calendar month preceding the deemed month of delivery of such cargo and shall pay to Buyer an amount in which the seventh USD equal to 0.50 USD x (7th2,600,000 + 3,500,000) anniversary of the Rent Commencement Date shall occur), provided that: (i) Tenant delivers to Landlord no less than three hundred sixty-five (365) days prior notice of its election to exercise its Cancellation Right / 2 (the “Cancellation Notice”): and (ii) Tenant delivers to Landlord simultaneously with its Cancellation Notice, a cancellation fee in an amount equal to the sum of (a) the unamortized costs incurred by Landlord in connection with this Lease and the Premises for improvements, alterations, rent concessions and brokerage commissions, said costs to be amortized over the term of this Lease on a straight line basis with interest thereon at the rate of eight (8%) percent per annum, plus (b) an amount equal to two (2) monthly installments of Fixed Annual Rent at the rate then payable by Tenant under this Lease at the time of Tenant’s delivery of the Cancellation Notice (collectively, the “Individual Cancellation Fee”); . Sub-Clauses 4.3 and (iii) Tenant is 4.4 of the Master Sales Agreement shall not in monetary apply to any cancellation made pursuant to article 7 of the Specific Order n°1 and payment of either the Total Cancellation Fee or material non-monetary default under this Lease after notice and the expiration of any applicable cure periods contained herein, both on the date on which the Individual Cancellation Notice is received by Landlord and upon the effective date of cancellation, as set forth in the Cancellation Notice (the “Cancellation Date”) (in which event Tenant’s rights under this Article Fee shall be suspended until Buyer’s sole and exclusive remedy for the earlier decision by Seller to cancel the delivery of (x) Tenant’s timely and full cure all or any of the default alleged in any such notice, at which time Tenant’s rights hereunder shall be reinstated, and (y) the expiration of Tenant’s time in which to cure any such default, at which time Tenant’s rights hereunder shall be extinguished and any Cancellation Fee previously paid to Landlord by Tenant shall be promptly returned to Tenant less any and all amounts applied or incurred by Landlord pursuant to this Lease in order to cure Tenant’s default under this Lease which resulted in the extinguishing of Tenant’s rights hereunder); and (iv) Tenant surrenders the Premises to Landlord on or prior to the Cancellation Date in good order and condition (reasonable wear and tear and damage by fire or other casualty excepted), vacant and broom clean, free of all personal property, occupancies and encumbrances and otherwise in the condition required hereunder as if the Cancellation Date were the Expiration Date. Landlord shall have the right, in its sole discretion, to waive any or all of the foregoing conditions to Tenant’s exercise of the Cancellation Right. Notwithstanding Tenant’s exercise of the Cancellation Right in accordance with the terms of this Article, the provisions of Articles 20 (“Indemnity”LNG cargo(es) and 40 (“Brokers”) hereof, in addition Seller shall not be obliged to all Articles hereof which, by their terms, state that they shall survive the expiration sell or sooner termination of this Lease, shall survive Tenant’s cancellation of this Lease pursuant deliver any replacement cargo to this ArticleBuyer.

Cancellation Right. 51.01 A. Tenant shall have the one-time right two separate rights to cancel notify Landlord, that it elects to terminate this Lease as of the end of the sixtieth (60th) or the eighty-fourth (84) month of the Term, subject to and conditioned upon the following conditions: i. Tenant shall give Landlord written notice of Tenant's intention to terminate this Lease not less than six (6) months prior to either the fifth (5th) or the seventh (7th) anniversaries of the Term, in its entirety accordance with the notice provisions set forth above (Tenant’s “Cancellation Right”"Termination Notice"); ii. The Termination Notice shall set forth the effective date for said termination ("Termination Date") which date shall be midnight of the day prior to: i) the fifth (5th) anniversary of the Term (if the Termination Notice is given prior to the fifty-fourth (54th) month of the Term), effective as of or ii) the seventh (7th) anniversary of the Rent Commencement Date Term (or if same the Termination Notice is not given after the last day of a calendar month, effective as fifty-fourth (54th) month but prior to the seventy-eighth (78th) month of the last day Term); iii. Tenant must not be in default either at the time of the calendar month in which Termination Notice nor at the seventh (7th) anniversary Termination Date and Tenant must comply with all of the Rent Commencement Date terms and conditions of this Lease Agreement (including surrender of the Premises as required by this Lease Agreement) through the Termination Date; iv. Tenant must accompany said Termination Notice with a "Termination Fee", which shall occur), provided that: (i) Tenant delivers to Landlord no less than three hundred sixty-five (365) days prior notice of its election to exercise its Cancellation Right (the “Cancellation Notice”): and (ii) Tenant delivers to Landlord simultaneously with its Cancellation Notice, a cancellation fee in an amount be equal to six (6) months rental which would otherwise have been due under this Lease Agreement immediately following the sum of (a) the unamortized costs incurred by Landlord Termination Date. v. In no event shall Tenant be entitled to terminate this Lease if it has exercised its rights to renew under Article 1 above. B. The rights provided to Tenant under this Article are personal to Tenant, which may assign them only in connection with this Lease and the Premises for improvements, alterations, rent concessions and brokerage commissions, said costs to be amortized over the term an assignment of this Lease on Agreement to a straight line basis with interest thereon company controlled by or which controls (directly or indirectly) Advanced Telecommunications, Inc. ("Affiliate"), and such rights shall expire automatically if Tenant assigns this Lease Agreement to any other party or subleases all or any portion of the Premises to any other party. C. Tenant's rights under this Article may be exercise only once, but at either of the rate of eight (8%) percent per annum, plus (b) an amount equal to two (2) monthly installments of Fixed Annual Rent at the rate then payable by Tenant under this Lease at the time of Tenant’s delivery of the Cancellation Notice (collectively, the “Cancellation Fee”); and (iii) Tenant is not in monetary or material non-monetary default under this Lease after notice and the expiration of any applicable cure periods contained herein, both on the date on which the Cancellation Notice is received by Landlord and upon the effective date of cancellation, as set forth above. D. Notwithstanding anything contained in this Article to the Cancellation contrary, if Tenant exercises its Expansion Right pursuant or in response to a "Landlord's Notice" (as defined in Paragraph 34B above), then Tenant's right to give a Termination Notice (the “Cancellation Date”) (in which event Tenant’s rights under this Article shall be suspended until for a period commencing with Tenant's giving of its "Tenant's Leasing Notice" (as defined in Paragraph 34B above) and continuing through the earlier of 18th month subsequent to the "Effective Date" (x) Tenant’s timely and full cure of the default alleged as defined in any Paragraph 34D above). Any Termination Notice given during such notice, at which time Tenant’s rights hereunder period shall be reinstated, of no effect and (y) the expiration of Tenant’s time in which to cure any such default, at which time Tenant’s rights hereunder shall be extinguished and any Cancellation Fee previously paid to Landlord by Tenant shall be promptly returned to Tenant less any and all amounts applied or incurred by Landlord pursuant to this Lease in order to cure Tenant’s default under this Lease which resulted not result in the extinguishing of Tenant’s rights hereunder); and (iv) Tenant surrenders the Premises to Landlord on or prior to the Cancellation Date in good order and condition (reasonable wear and tear and damage by fire or other casualty excepted), vacant and broom clean, free of all personal property, occupancies and encumbrances and otherwise in the condition required hereunder as if the Cancellation Date were the Expiration Date. Landlord shall have the right, in its sole discretion, to waive any or all of the foregoing conditions to Tenant’s exercise of the Cancellation Right. Notwithstanding Tenant’s exercise of the Cancellation Right in accordance with the terms of this Article, the provisions of Articles 20 (“Indemnity”) and 40 (“Brokers”) hereof, in addition to all Articles hereof which, by their terms, state that they shall survive the expiration or sooner termination of this Lease, shall survive Tenant’s cancellation Lease Agreement. The restrictions of this Lease Paragraph, and specifically the suspension of Tenant's right to give a Termination Notice under this Article shall not become applicable if Tenant exercises its Expansion Right pursuant to Paragraph 35C above (i.e. Tenant shall continue to have the rights to terminate under this ArticleArticle if Tenant's expansion was not in response to a "Landlord's Notice").

Cancellation Right. 51.01 A. Tenant shall have the one-time right two separate rights to cancel notify Landlord, that it elects to terminate this Lease as of the end of the sixtieth (60th) [ILLEGIBLE] the eighty-fourth (84) month of the Term, subject to and conditioned upon the following conditions: i. Tenant shall give Landlord written notice of Tenant's intention to terminate this Lease not less than six (6) months prior to either the fifth (5th) or the seventh (7) anniversaries of the Term, in its entirety accordance with the notice provisions set forth above (Tenant’s “Cancellation Right”"Termination Notice"); ii. The Termination Notice shall set forth the effective date for said termination ("Termination Date") which date shall be midnight of the day prior to: i) the fifth (5th) anniversary of the Term (if the Termination Notice is given prior to the fifty-fourth (54th) month of the Term), effective as of or ii) the seventh (7th) anniversary of the Rent Commencement Date Term (or if same the Termination Notice is not given after the last day of a calendar month, effective as fifty-fourth (54th) month but prior to the seventy-eighth (78th) month of the last day Term); iii. Tenant must not be in default either at the time of the calendar month in which Termination Notice nor at the seventh (7th) anniversary Termination Date and Tenant must comply with all of the Rent Commencement Date terms and conditions of this Lease Agreement (including surrender of the Premises as required by this Lease Agreement) through the Termination Date; iv. Tenant must accompany said Termination Notice with a "Termination Fee", which shall occur), provided that: (i) Tenant delivers to Landlord no less than three hundred sixty-five (365) days prior notice of its election to exercise its Cancellation Right (the “Cancellation Notice”): and (ii) Tenant delivers to Landlord simultaneously with its Cancellation Notice, a cancellation fee in an amount be equal to six (6) months rental which would otherwise have been due under this Lease Agreement immediately following the sum of (a) the unamortized costs incurred by Landlord Termination Date. v. In no event shall Tenant be entitled to terminate this Lease if it has exercised its rights to renew under Article 1 above. B. The rights provided to Tenant under this Article are personal to Tenant, which may assign them only in connection with this Lease and the Premises for improvements, alterations, rent concessions and brokerage commissions, said costs to be amortized over the term an assignment of this Lease on Agreement to a straight line basis with interest thereon company controlled by or which controls (directly or indirectly) Advanced Telecommunications, Inc. ("Affiliate"), and such rights shall expire automatically if Tenant assigns this Lease Agreement to any other party or subleases all or any portion of the Premises to any other party. C. Tenant's rights under this Article may be exercise only once, but at either of the rate of eight (8%) percent per annum, plus (b) an amount equal to two (2) monthly installments of Fixed Annual Rent at the rate then payable by Tenant under this Lease at the time of Tenant’s delivery of the Cancellation Notice (collectively, the “Cancellation Fee”); and (iii) Tenant is not in monetary or material non-monetary default under this Lease after notice and the expiration of any applicable cure periods contained herein, both on the date on which the Cancellation Notice is received by Landlord and upon the effective date of cancellation, as set forth above. D. Notwithstanding anything contained in this Article to the Cancellation contrary, if Tenant exercises its Expansion Right pursuant or in response to a "Landlord's Notice" (as defined in Paragraph 34B above), then Tenant's right to give a Termination Notice (the “Cancellation Date”) (in which event Tenant’s rights under this Article shall be suspended until for a period commencing with Tenant's giving of its "Tenant's Leasing Notice" (as defined in Paragraph 34B above) and continuing through the earlier of 18th month subsequent to the "Effective Date" (x) Tenant’s timely and full cure of the default alleged as defined in any Paragraph 34D above). Any Termination Notice given during such notice, at which time Tenant’s rights hereunder period shall be reinstated, of no effect and (y) the expiration of Tenant’s time in which to cure any such default, at which time Tenant’s rights hereunder shall be extinguished and any Cancellation Fee previously paid to Landlord by Tenant shall be promptly returned to Tenant less any and all amounts applied or incurred by Landlord pursuant to this Lease in order to cure Tenant’s default under this Lease which resulted not result in the extinguishing of Tenant’s rights hereunder); and (iv) Tenant surrenders the Premises to Landlord on or prior to the Cancellation Date in good order and condition (reasonable wear and tear and damage by fire or other casualty excepted), vacant and broom clean, free of all personal property, occupancies and encumbrances and otherwise in the condition required hereunder as if the Cancellation Date were the Expiration Date. Landlord shall have the right, in its sole discretion, to waive any or all of the foregoing conditions to Tenant’s exercise of the Cancellation Right. Notwithstanding Tenant’s exercise of the Cancellation Right in accordance with the terms of this Article, the provisions of Articles 20 (“Indemnity”) and 40 (“Brokers”) hereof, in addition to all Articles hereof which, by their terms, state that they shall survive the expiration or sooner termination of this Lease, shall survive Tenant’s cancellation Lease Agreement. The restrictions of this Lease Paragraph, and specifically the suspension of Tenant's right to give a Termination Notice under this Article shall not become applicable if Tenant exercises its Expansion Right pursuant to Paragraph 35C above (i.e. Tenant shall continue to have the rights to terminate under this ArticleArticle if Tenant's expansion was not in response to a "Landlord's Notice").

Cancellation Right. 51.01 Tenant Either Seller or Buyer shall have the one-time right to cancel this Lease in its entirety (Tenant’s “Cancellation Right”), effective as the delivery or reception of the seventh (7th) anniversary LNG Cargo Lot number 1 provided for delivery at the LNG Receiving Facilities in September 2010 provided that the Party exercising such right shall notify the other Party not later than the 31th July 2010. If either Party exercises its right to cancel the LNG Cargo Lot number 1 in accordance with the conditions stated herein, the Parties shall not be considered as having failed to perform any of their obligations with respect to such LNG Cargo Lot number 1 pursuant to this Specific Order. Seller shall have the right to cancel the delivery of any of the Rent Commencement Date six (or 6) LNG Cargo Lots (number 2 to number 7) provided for delivery in the time period from October to March 2011 included, and provided that : - if same is Seller decides to cancel the delivery of all such six (6) LNG Cargo Lots under this Specific Order, Seller shall notify Buyer not later than the last day 30th July 2010 and shall pay to Buyer an amount in USD equal to 0.25 USD per cubic meter (the “Total Cancellation Fee”) - if Seller decides to cancel the delivery of a calendar monthany one of such six (6) LNG Cargo Lots under this Specific Order, effective as Seller shall notify Buyer of the last cancellation of the delivery of such LNG Cargo Lot not later than the 1st day of the calendar month preceding the deemed month of delivery of such cargo and shall pay to Buyer an amount in which the seventh (7th) anniversary of the Rent Commencement Date shall occur), provided that: (i) Tenant delivers USD equal to Landlord no less than three hundred sixty-five (365) days prior notice of its election to exercise its Cancellation Right 0.50 USD per cubic meter (the “Cancellation Notice”): and (ii) Tenant delivers to Landlord simultaneously with its Cancellation Notice, a cancellation fee in an amount equal to the sum of (a) the unamortized costs incurred by Landlord in connection with this Lease and the Premises for improvements, alterations, rent concessions and brokerage commissions, said costs to be amortized over the term of this Lease on a straight line basis with interest thereon at the rate of eight (8%) percent per annum, plus (b) an amount equal to two (2) monthly installments of Fixed Annual Rent at the rate then payable by Tenant under this Lease at the time of Tenant’s delivery of the Cancellation Notice (collectively, the “Individual Cancellation Fee”); . Sub-Clauses 4.3 and (iii) Tenant is 4.4 of the Master Sales Agreement shall not in monetary apply to any cancellation made pursuant to article 7 of the Specific Order n°1 and payment of either the Total Cancellation Fee or material non-monetary default under this Lease after notice and the expiration of any applicable cure periods contained herein, both on the date on which the Individual Cancellation Notice is received by Landlord and upon the effective date of cancellation, as set forth in the Cancellation Notice (the “Cancellation Date”) (in which event Tenant’s rights under this Article Fee shall be suspended until Buyer’s sole and exclusive remedy for the earlier decision by Seller to cancel the delivery of (x) Tenant’s timely and full cure all or any of the default alleged in any such notice, at which time Tenant’s rights hereunder shall be reinstated, and (y) the expiration of Tenant’s time in which to cure any such default, at which time Tenant’s rights hereunder shall be extinguished and any Cancellation Fee previously paid to Landlord by Tenant shall be promptly returned to Tenant less any and all amounts applied or incurred by Landlord pursuant to this Lease in order to cure Tenant’s default under this Lease which resulted in the extinguishing of Tenant’s rights hereunder); and (iv) Tenant surrenders the Premises to Landlord on or prior to the Cancellation Date in good order and condition (reasonable wear and tear and damage by fire or other casualty excepted), vacant and broom clean, free of all personal property, occupancies and encumbrances and otherwise in the condition required hereunder as if the Cancellation Date were the Expiration Date. Landlord shall have the right, in its sole discretion, to waive any or all of the foregoing conditions to Tenant’s exercise of the Cancellation Right. Notwithstanding Tenant’s exercise of the Cancellation Right in accordance with the terms of this Article, the provisions of Articles 20 (“Indemnity”LNG cargo(es) and 40 (“Brokers”) hereof, in addition Seller shall not be obliged to all Articles hereof which, by their terms, state that they shall survive the expiration sell or sooner termination of this Lease, shall survive Tenant’s cancellation of this Lease pursuant deliver any replacement cargo to this ArticleBuyer.

Cancellation Right. 51.01 22.01 If this Lease shall then be in full force and effect and if Tenant shall not then be in default of the Lease, then Tenant shall have the one-time right to cancel and terminate this Lease in its entirety (Tenant’s “Cancellation Right”)Lease, the effective as date of the seventh (7th) anniversary termination to be the end of any calendar month from December 31, 1994 through and including November 30, 1996. Tenant may only exercise its right to cancel by delivering to Landlord, not less than twelve months prior to the effective date of the Rent Commencement Date (or if same is not termination, written notice of Tenant's exercise of this cancellation right, which shall include the last day of a calendar month, effective as date of the last day termination, and payment of or a letter of credit for the calendar month in which the seventh (7th) anniversary of the Rent Commencement Date shall occur), provided thatfollowing items: (i) Tenant delivers to Landlord no less than three hundred sixty-five the unamortized balance all tenant improvement work (365Exhibit D Work and Extra Work) days prior notice for construction of its election to exercise its Cancellation Right the original Leased Premises (the “Cancellation Notice”): and defined in paragraph 19.05); (ii) Tenant delivers to Landlord simultaneously with its Cancellation Notice, a cancellation fee in an amount equal to the sum unamortized balance of the Rent Reduction Amount; (aiii) the unamortized costs incurred balance of the $45,000 moving allowance; (iv) the unamortized balance of the amounts expended by Landlord in connection with this Lease and for the Premises for improvements, alterations, rent concessions and brokerage commissions, said costs to be amortized over the term of this Lease on a straight line basis with interest thereon at the rate of eight (8%) percent per annum, plus (b) an amount equal to two (2) monthly installments of Fixed Annual Rent at the rate then payable by Tenant under this Lease at the time payment of Tenant’s delivery of the Cancellation Notice 's lease obligations on its 000 Xxxxxxxx Xxxxxx, Xxxxxxx premises (collectively$23,657 per month from January 1, the “Cancellation Fee”1990 to October 7, 1990); and (iiiv) the unamortized cost of all tenant improvement work (Exhibit D Work and Extra Work) for the construction of the Expansion Space. Tenant's written notice of exercise shall not be valid unless the payments set forth in items (i) through (v) above, or an irrevocable letter of credit therefor, accompany the notice or have been delivered to Landlord prior to the notice. If Tenant is not shall elect to deliver an irrevocable letter of credit, the letter shall be drawn on a Connecticut or national bank having an office in monetary Bridgeport, Connecticut, callable by Landlord, or material non-monetary default under this Lease after notice and the expiration of any applicable cure periods contained hereinLandlord's assignee, both on the date on which the Cancellation Notice is received by Landlord and at said Bridgeport office, upon the effective date of cancellationthe termination and any consecutive business day thereafter, as set forth in the Cancellation Notice letter to expire not sooner than 60 days after the effective date of the termination. Landlord shall provide an itemized statement of the cost of the item (i) tenant improvement work within 120 days of completion of the “Cancellation Leased Premises and shall provide an itemized statement of the cost of the item (v) tenant improvement work within 120 days of the Expansion Space Commencement Date”. The item (ii) (in which event Tenant’s rights under this Article Rent Reduction Amount shall be suspended until the earlier amount of 11/12ths multiplied by $17.80 per annum per square foot of Tenant Net Rentable Area on the original Leased Premises. The amortization of items (xi) Tenant’s timely and full cure of the default alleged in any such notice, at which time Tenant’s rights hereunder shall be reinstated, and (y) the expiration of Tenant’s time in which to cure any such default, at which time Tenant’s rights hereunder shall be extinguished and any Cancellation Fee previously paid to Landlord by Tenant shall be promptly returned to Tenant less any and all amounts applied or incurred by Landlord pursuant to this Lease in order to cure Tenant’s default under this Lease which resulted in the extinguishing of Tenant’s rights hereunder); and through (iv) Tenant surrenders shall be calculated such that the Premises to Landlord items are completely amortized on or prior to the Cancellation Date basis of equal monthly installments, beginning January 1, 1991 and ending on December 31, 1996, at the rate of 10% per annum. The "unamortized balance" in good order and condition items (reasonable wear and tear and damage by fire or other casualty exceptedi) through (v) above shall mean the unamortized balance as of the effective date of the termination. The amortization of item (v) shall be calculated in the same manner as items (i) through (iv), vacant and broom cleanexcept that the amortization period for item (v) shall be from the Expansion Commencement Date to December 31, free 1996. If Tenant shall exercise its right of all personal property, occupancies and encumbrances and otherwise in the condition required hereunder as if the Cancellation Date were the Expiration Date. Landlord shall have the right, in its sole discretion, to waive any or all of the foregoing conditions to Tenant’s exercise of the Cancellation Right. Notwithstanding Tenant’s exercise of the Cancellation Right in accordance with the terms of cancellation under this Article, the provisions Lease shall come to an end by lapse of Articles 20 (“Indemnity”) and 40 (“Brokers”) hereoftime, in addition to all Articles hereof which, by their terms, state that they shall survive as if the expiration or sooner termination Initial Term expired on the effective date of this Lease, shall survive Tenant’s cancellation of this Lease pursuant to this Articlethe termination.

Cancellation Right. 51.01 A. Tenant shall have the one-time right two separate rights to cancel notify Landlord, that it elects to terminate this Lease in its entirety as of the end of the sixtieth (60th) or the eighty-fourth (84) month of the Term, subject to and conditioned upon the following conditions: i. Tenant shall give Landlord written notice of Tenant’s intention to terminate this Lease not less than six (6) months prior to either the fifth (5th) or the seventh (7) anniversaries of the Term, in accordance with the notice provisions set forth above (“Cancellation RightTermination Notice”); ii. The Termination Notice shall set forth the effective date for said termination (“Termination Date”) which date shall be midnight of the day prior to: i) the fifth (5th) anniversary of the Term (if the Termination Notice is given prior to the fifty-fourth (54th) month of the Term), effective as of or ii) the seventh (7th) anniversary of the Rent Commencement Date Term (or if same the Termination Notice is not given after the last day of a calendar month, effective as fifty-fourth (54th) month but prior to the seventy-eighth (78th) month of the last day of the calendar month Term); iii. Tenant must not be in which the seventh (7th) anniversary of the Rent Commencement Date shall occur), provided that: (i) Tenant delivers to Landlord no less than three hundred sixty-five (365) days prior notice of its election to exercise its Cancellation Right (the “Cancellation Notice”): and (ii) Tenant delivers to Landlord simultaneously with its Cancellation Notice, a cancellation fee in an amount equal to the sum of (a) the unamortized costs incurred by Landlord in connection with this Lease and the Premises for improvements, alterations, rent concessions and brokerage commissions, said costs to be amortized over the term of this Lease on a straight line basis with interest thereon at the rate of eight (8%) percent per annum, plus (b) an amount equal to two (2) monthly installments of Fixed Annual Rent at the rate then payable by Tenant under this Lease default either at the time of Tenant’s delivery the Termination Notice nor at the Termination Date and Tenant must comply with all of the Cancellation terms and conditions of this Lease Agreement (including surrender of the Premises as required by this Lease Agreement) through the Termination Date; iv. Tenant must accompany said Termination Notice (collectively, the with a “Cancellation Termination Fee”); and , which shall be equal to six (iii6) Tenant is not in monetary or material non-monetary default months rental which would otherwise have been due under this Lease after notice Agreement immediately following the Termination Date. v. In no event shall Tenant be entitled to terminate this Lease if it has exercised its rights to renew under Article 1 above. B. The rights provided to Tenant under this Article are personal to Tenant, which may assign them only in connection with an assignment of this Lease Agreement to a company controlled by or which controls (directly or indirectly) Advanced Telecommunications, Inc. (“Affiliate”), and such rights shall expire automatically if Tenant assigns this Lease Agreement to any other party or subleases all or any portion of the expiration of Premises to any applicable cure periods contained herein, both on the date on which the Cancellation Notice is received by Landlord and upon the effective date of cancellation, as set forth in the Cancellation Notice (the “Cancellation Date”) (in which event other party. C. Tenant’s rights under this Article may be exercise only once, but at either of the two (2) time periods set forth above. D. Notwithstanding anything contained in this Article to the contrary, if Tenant exercises its Expansion Right pursuant or in response to a “Landlord’s Notice” (as defined in Paragraph 34B above), then Tenant’s right to give a Termination Notice under this Article shall be suspended until the earlier of (x) for a period commencing with Tenant’s timely and full cure giving of the default alleged in any such notice, at which time its “Tenant’s rights hereunder Leasing Notice” (as defined in Paragraph 34B above) and continuing through the 18th month subsequent to the “Effective Date” (as defined in Paragraph 34D above). Any Termination Notice given during such period shall be reinstatedof no effect and shall not result in the termination of this Lease Agreement. The restrictions of this Paragraph, and (y) specifically the expiration suspension of Tenant’s time in which right to cure any such default, at which time give a Termination Notice under this Article shall not become applicable if Tenant exercises its Expansion Right pursuant to Paragraph 35C above (i.e. Tenant shall continue to have the rights to terminate under this Article if Tenant’s rights hereunder shall be extinguished and any Cancellation Fee previously paid expansion was not in response to Landlord by Tenant shall be promptly returned to Tenant less any and all amounts applied or incurred by Landlord pursuant to this Lease in order to cure Tenanta “Landlord’s default under this Lease which resulted in the extinguishing of Tenant’s rights hereunderNotice”); and (iv) Tenant surrenders the Premises to Landlord on or prior to the Cancellation Date in good order and condition (reasonable wear and tear and damage by fire or other casualty excepted), vacant and broom clean, free of all personal property, occupancies and encumbrances and otherwise in the condition required hereunder as if the Cancellation Date were the Expiration Date. Landlord shall have the right, in its sole discretion, to waive any or all of the foregoing conditions to Tenant’s exercise of the Cancellation Right. Notwithstanding Tenant’s exercise of the Cancellation Right in accordance with the terms of this Article, the provisions of Articles 20 (“Indemnity”) and 40 (“Brokers”) hereof, in addition to all Articles hereof which, by their terms, state that they shall survive the expiration or sooner termination of this Lease, shall survive Tenant’s cancellation of this Lease pursuant to this Article.

Cancellation Right. 51.01 Landlord and Tenant shall have the one-time right to cancel this terminate the Lease in its entirety (Tenant’s “the "Cancellation Right”), effective as of ") during the seventh (7th) anniversary of term thereof in accordance with the Rent Commencement Date (or following: a. If and only if same is not the last day of a calendar month, effective as of the last day of the calendar month in which the seventh (7th) anniversary of the Rent Commencement Date shall occur), provided that: (i) Tenant delivers to Landlord no less than three hundred sixty-five (365) days prior notice there is a reoccurrence of its election to exercise its Cancellation Right water or moisture on the floor of the New Premises (the “Cancellation Notice”): "Moisture Infiltration") and (ii) the Moisture Infiltration was not caused by Tenant delivers or by Tenant's failure to maintain the HVAC Standards, both as determined in a report by Capital City Mechanical Services, Inc. (hereinafter referred to as the "HVAC Contractor"), which report shall be issued within three (3) business days after Landlord's receipt of written notification from Tenant of any such Moisture Infiltration, either Landlord simultaneously or Tenant may, at its sole option, terminate the Lease with its respect to the entire New Premises by delivering written notice thereof to the other within three (3) business days after receipt of the HVAC Contractor's report, which termination shall be effective on the date (the "Cancellation Effective Date") that is no later than twenty-one (21) days after delivery of such notice (the "Cancellation Notice, a cancellation fee in an amount equal ") to the sum other. b. If either party validly and timely exercises its cancellation right hereunder, Tenant shall nonetheless continue to be liable for its obligations accruing under the Lease, as amended hereby, with respect to the New Premises to and including the Cancellation Effective Date, including, without limitation, additional rental, and all such obligations having accrued prior to the Cancellation Effective Date shall survive the termination of (a) the unamortized costs incurred by Landlord in connection with this Lease Lease, as amended hereby. Notwithstanding anything else to the contrary, if Tenant terminates timely, no rental shall be due or payable for the 21 day period between the date that Tenant gives notice of termination and the Premises date that Tenant is being given to exit the New Premises. c. Any determination made by the HVAC Contractor shall be final and binding on both Landlord and Tenant. The party determined by the HVAC Contractor to have caused the Moisture Infiltration shall be solely responsible for improvements, alterations, rent concessions the fees and brokerage commissions, said costs expenses of the HVAC Contractor. The provisions contained in this subparagraph c. shall survive the termination or expiration of the Lease. d. The rights granted to be amortized over the term of this Lease on a straight line basis with interest thereon at the rate of eight (8%) percent per annum, plus (b) an amount equal to two (2) monthly installments of Fixed Annual Rent at the rate then payable by Tenant under this Lease at Paragraph 9 are personal to Tenant, and in the time event of Tenant’s delivery any assignment of the Cancellation Notice Lease or sublease of the Premises by Tenant, Tenant's cancellation rights hereunder shall thenceforth be void and of no further force or effect. Notwithstanding anything in this Paragraph 9 to the contrary, Tenant shall have no cancellation right at any time after which (collectivelyi) a default or an event of default has occurred with respect to Tenant under the Lease, as amended hereby, (ii) the “Cancellation Fee”); Lease, as amended hereby, is not in full force and effect, or (iii) Tenant is not in monetary or material non-monetary default under this Lease after notice any other written agreement with Landlord. e. Tenant hereby acknowledges and agrees that Tenant's sole remedy in the expiration event of any applicable cure periods contained herein, both on such Moisture Infiltration that is not caused by Tenant or by Tenant's failure to maintain the date on which HVAC Standards is the Cancellation Notice is received by Landlord and upon the effective date of cancellation, as set forth in the Cancellation Notice (the “Cancellation Date”) (in which event Tenant’s rights under this Article shall be suspended until the earlier of (x) Tenant’s timely and full cure termination of the default alleged in any such notice, at which time Tenant’s rights hereunder shall be reinstated, Lease subject to and (y) the expiration of Tenant’s time in which to cure any such default, at which time Tenant’s rights hereunder shall be extinguished and any Cancellation Fee previously paid to Landlord by Tenant shall be promptly returned to Tenant less any and all amounts applied or incurred by Landlord pursuant to this Lease in order to cure Tenant’s default under this Lease which resulted in the extinguishing of Tenant’s rights hereunder); and (iv) Tenant surrenders the Premises to Landlord on or prior to the Cancellation Date in good order and condition (reasonable wear and tear and damage by fire or other casualty excepted), vacant and broom clean, free of all personal property, occupancies and encumbrances and otherwise in the condition required hereunder as if the Cancellation Date were the Expiration Date. Landlord shall have the right, in its sole discretion, to waive any or all of the foregoing conditions to Tenant’s exercise of the Cancellation Right. Notwithstanding Tenant’s exercise of the Cancellation Right in accordance with the terms provisions of this Article, the provisions of Articles 20 (“Indemnity”) and 40 (“Brokers”) hereof, in addition to all Articles hereof which, by their terms, state that they shall survive the expiration or sooner termination of this Lease, shall survive Tenant’s cancellation of this Lease pursuant to this ArticleCancellation Right.