Common use of Condition During Periods of Non-Use; Recapture Clause in Contracts

Condition During Periods of Non-Use; Recapture. During any period of time in which Tenant is not continuously using and occupying the Premises for the operation of its business, Tenant shall take such measures as may be necessary or desirable, in Landlord’s reasonable opinion, to secure the Premises from break-ins and use by unauthorized persons, to minimize the appearance of non-use, and to otherwise maintain the interior and exterior portions of Tenant’s Premises, including all windows and doors, in first class condition. Additionally, during any period of time in excess of 90 days in which Tenant is not continuously using and occupying the Premises (or at least 50% thereof) during normal business hours. Landlord may, at its election, by giving written notice (the “Non-Use Recapture Notice”) to Tenant, recapture the Premises and terminate this Lease. If Landlord elects to exercise such right and delivers a Non-Use Recapture Notice to Tenant, and Tenant fails to cure such condition to Landlord’s reasonable satisfaction within five days of such Non-Use Recapture Notice, this Lease will automatically be deemed terminated as of the effective date stated in the Non-Use Recapture Notice, and Tenant shall surrender possession of the Premises and all improvements therein to Landlord as of such date (and any failure to do so shall constitute an immediate Event of Default hereunder). Notwithstanding the foregoing, the provisions of this Section 5.3 shall not apply to the extent that Tenant’s non-use or non-occupancy of the Premises is (a) due to Landlord’s gross negligence or intentional misconduct, (b) required for the repair of the Premises necessitated for reasons other than Tenant’s negligence or wilfull misconduct or (c) due to fire, earthquake or other acts of God; weather conditions; acts of the public enemy; riot; public unrest; insurrection; or any other cause beyond the reasonable control of Tenant.

Condition During Periods of Non-Use; Recapture. During any period of time in which Tenant is not continuously using and occupying the Premises for the operation of its businessPremises, Tenant shall take such measures as may be necessary or desirable, in Landlord’s reasonable opinion, to secure the Premises from break-ins and use by unauthorized persons, to minimize the appearance of non-use, and to otherwise maintain the interior and exterior portions of Tenant’s Premises, including all windows and doors, in first class conditioncondition and consistent with the manner in which the Premises were maintained during Tenant’s occupancy. Additionally, during During any period of time in excess of 90 30 days in which Tenant is not continuously using and occupying the Premises (or at least 50% thereof) during normal business hours. , Landlord may, at its election, by giving written notice (the “Non-Use Recapture Notice”) to Tenant, recapture the Premises and terminate this Lease. If Landlord elects to exercise such right and delivers a Non-Use Recapture Notice to Tenant, and Tenant fails to cure such condition to Landlord’s reasonable satisfaction within five days of such Non-Use Recapture Notice, this Lease will automatically be deemed terminated as of the effective date stated in the Non-Use Recapture Notice, and Tenant shall surrender possession of the Premises and all improvements therein to Landlord as of such date (and any failure to do so shall constitute an immediate Event of Default a default hereunder). Notwithstanding the foregoing, the provisions of this Section 5.3 shall not apply to the extent that Tenant’s non-use or non-occupancy of the Premises is (a) due to Landlord’s gross negligence or intentional misconduct, (b) required for the repair of the Premises necessitated for reasons other than Tenant’s negligence or wilfull misconduct or (c) due to fire, earthquake or other acts of God; weather conditions; acts of the public enemy; riot; public unrest; insurrection; or any other cause beyond the reasonable control of Tenant.

Condition During Periods of Non-Use; Recapture. During any period of time in which Tenant is not continuously using and occupying the Premises for the operation of its business, Tenant shall take such measures as may be necessary or desirable, in Landlord’s reasonable opinion, to (i) secure the Premises from break-ins and use by unauthorized persons, to (ii) minimize the appearance of non-use, and to (iii) otherwise maintain the interior and exterior portions of Tenant’s Premises, including all windows and doors, in first class condition. Additionally, during any period of time in excess of 90 ninety (90) days in which Tenant is not continuously using and occupying the Premises (or at least 50% thereof) during normal business hours. , Landlord may, at its election, by giving written notice (the “Non-Use Recapture Notice”) to Tenant, recapture the Premises and terminate this Lease. If Landlord elects to exercise such right and delivers a Non-Use Recapture Notice to Tenant, and Tenant fails to cure such condition to Landlord’s reasonable satisfaction within five (5) days of such Non-Use Recapture Notice, this Lease will automatically be deemed terminated as of the effective date stated in the Non-Use Recapture Notice, and Tenant shall surrender possession of the Premises and all improvements therein to Landlord as of such date (and any failure to do so shall constitute an immediate Event of Default hereunder). Notwithstanding the foregoing, the provisions of this Section 5.3 shall not apply to the extent that Tenant’s non-use or non-occupancy of the Premises is (a) due to Landlord’s gross negligence or intentional misconduct, (b) required for the repair of the Premises necessitated for reasons other than Tenant’s negligence or wilfull misconduct or (c) due to fire, earthquake or other acts of God; weather conditions; acts of the public enemy; riot; public unrest; insurrection; or any other cause beyond the reasonable control of Tenant.

Condition During Periods of Non-Use; Recapture. During any period of time in which Tenant is not continuously using and occupying the Premises for the operation of its businessPremises, Tenant shall take such measures as may be necessary or desirable, in Landlord’s reasonable opinion, to secure the Premises from break-ins and use by unauthorized persons, to minimize the appearance of non-use, and to otherwise maintain the interior and exterior portions of Tenant’s Premises, including all windows and doors, in first class condition. Additionally, during any period of time in excess of 90 days in which Tenant is not continuously using and occupying the Premises (or at least 50% thereof) during normal business hours. , Landlord may, at its election, by giving written notice (the “Non-Use Recapture Notice”) to Tenant, recapture the Premises and terminate this Lease. If Landlord elects to exercise such right and delivers a Non-Use Recapture Notice to Tenant, and Tenant fails to cure such condition to Landlord’s reasonable satisfaction within five days of such Non-Use Recapture Notice, this Lease will automatically be deemed terminated as of the effective date stated in the Non-Use Recapture Notice, and Tenant shall surrender possession of the Premises and all improvements therein to Landlord as of such date (and any failure to do so shall constitute an immediate Event of Default hereunder). Notwithstanding the foregoing, the provisions of this Section 5.3 shall not apply to the extent that Tenant’s non-use or non-occupancy of the Premises is (a) due to Landlord’s gross negligence or intentional misconduct, (b) required for the repair of the Premises necessitated for reasons other than Tenant’s negligence or wilfull misconduct or (c) due to fire, earthquake or other acts of God; weather conditions; acts of the public enemy; riot; public unrest; insurrection; or any other cause beyond the reasonable control of Tenant.

Condition During Periods of Non-Use; Recapture. During any period of time greater than one week in which Tenant is not continuously using and occupying the Premises for the operation of its business(other than due to damage, destruction, or remodeling), Tenant shall take such measures as may be necessary or desirable, in Landlord’s reasonable opinion, to secure the Premises from break-ins and use by unauthorized persons, to minimize the appearance of non-use, and to otherwise maintain the interior and exterior portions of Tenant’s Premises, including all windows and doors, in first class condition. Additionally, during any period of time in excess of 90 270 days in which Tenant (or an assignee, sublessee, or licensee) is not continuously using and occupying at least a portion of the Premises (or at least 50% thereof) during normal business hours. , Landlord may, at its election, by giving written notice (the “Non-Use Recapture Notice”) to Tenant, recapture the Premises and terminate this Lease. If Landlord elects to exercise such right and delivers a Non-Use Recapture Notice to Tenant, and Tenant fails to cure such condition to Landlord’s reasonable satisfaction within five days of such Non-Use Recapture Notice, this Lease will automatically be deemed terminated as of the effective date stated in the Non-Use Recapture Notice, and Tenant shall surrender possession of the Premises and all improvements therein to Landlord as of such date (and any failure to do so shall constitute an immediate Event of Default hereunder). Notwithstanding the foregoing, Tenant may toll the provisions operation of this Section 5.3 shall not apply such Non-Use Recapture Notice for up to the extent that 365 days if, within five business days of Tenant’s nonreceipt of the Non-use or nonUse Recapture Notice, Tenant covenants in writing (and as an obligation hereunder) that Tenant will reoccupy at least 25% of the Rentable Square Footage within such 365-occupancy day period and Tenant in fact occupies such portion of the Premises is (a) due to Landlord’s gross negligence or intentional misconduct, (b) required for the repair of the Premises necessitated for reasons other than Tenant’s negligence or wilfull misconduct or (c) due to fire, earthquake or other acts of God; weather conditions; acts of the public enemy; riot; public unrest; insurrection; or any other cause beyond the reasonable control of Tenantwithin such 365-day period.

Condition During Periods of Non-Use; Recapture. During any period of time in which Tenant is not continuously using and occupying the Premises for the operation of its business, Tenant shall take such measures as may be necessary or desirable, in Landlord’s reasonable opinion, to secure the Premises from break-ins and use by unauthorized persons, to minimize the appearance of non-use, and to otherwise maintain the interior and exterior portions of Tenant’s Premises, including all windows and doors, in first class condition. Additionally, during any period of time in excess of 90 days in which Tenant is not continuously using and occupying the Premises (or at least 50% thereof) during normal business hours. Landlord may, at its election, by giving written notice (the “Non-Use Recapture Notice”) to Tenant, recapture the Premises and terminate this Lease. If Landlord elects to exercise such right and delivers a Non-Use Recapture Notice to Tenant, and Tenant fails to cure such condition to Landlord’s reasonable satisfaction within five days of such Non-Use Recapture Notice, this Lease will automatically be deemed terminated as of the effective date stated in the Non-Use Recapture Notice, and Tenant shall surrender possession of the Premises and all improvements therein to Landlord as of such date (and any failure to do so shall constitute an immediate Event of Default hereunder). Notwithstanding the foregoing, the provisions of this Section 5.3 shall not apply to the extent that Tenant’s non-use or non-occupancy of the Premises is (a) due to Landlord’s gross negligence or intentional misconduct, (b) required for the repair of the Premises necessitated for reasons other than Tenant’s negligence or wilfull misconduct or (c) due to fire, earthquake or other acts of God; weather conditions; acts of the public enemy; riot; public unrest; insurrection; or any other cause beyond the reasonable control of Tenant.

Condition During Periods of Non-Use; Recapture. During any period of time in which Tenant is not continuously using and occupying the Premises for the operation of its business, Tenant shall take such measures as may be necessary or desirable, in Landlord’s 's reasonable opinion, to secure the Premises from break-ins and use by unauthorized persons, to minimize the appearance of non-use, and to otherwise maintain the interior and exterior portions of Tenant’s 's Premises, including all windows and doors, in first class condition. Additionally, during any period of time in excess of 90 days in which Tenant is not continuously using and occupying the Premises (or at least 50% thereof) during normal business hours. Landlord may, at its election, by giving written notice (the “Non-Use Recapture Notice”) to Tenant, recapture the Premises and terminate this Lease. If Landlord elects to exercise such right and delivers a Non-Use Recapture Notice to Tenant, and Tenant fails to cure such condition to Landlord’s reasonable satisfaction within five days of such Non-Use Recapture Notice, this Lease will automatically be deemed terminated as of the effective date stated in the Non-Use Recapture Notice, and Tenant shall surrender possession of the Premises and all improvements therein to Landlord as of such date (and any failure to do so shall constitute an immediate Event of Default hereunder). Notwithstanding the foregoing, the provisions of this Section 5.3 shall not apply to the extent that Tenant’s non-use or non-occupancy of the Premises is (a) due to Landlord’s gross negligence or intentional misconduct, (b) required for the repair of the Premises necessitated for reasons other than Tenant’s negligence or wilfull misconduct or (c) due to fire, earthquake or other acts of God; weather conditions; acts of the public enemy; riot; public unrest; insurrection; or any other cause beyond the reasonable control of Tenant.