Common use of Early Termination Rights Clause in Contracts

Early Termination Rights. Subject to the terms and conditions of this Article XI, during the Initial Term of this Lease (but not during any Renewal Terms), Tenant shall have the right from time to time to exercise Contraction Rights by surrendering to Landlord Contraction Premises containing up to four hundred thousand (400,000) square feet of Net Rentable Area, in the aggregate (such rights, “Early Termination Rights”); provided that (a) until the expiration of the second Lease Year, Tenant may not exercise any Early Termination Rights and (b) prior to the expiration of the third Lease Year, Tenant shall only be permitted to exercise Early Termination Rights by sending Contraction Rights Exercise Notices to Landlord on Contraction Premises containing Net Rentable Area of up to two hundred thousand (200,000) square feet of Net Rentable Area, in the aggregate. Tenant’s Contraction Rights Exercise Notice for Early Termination Rights shall only be effective if accompanied by a payment in the amount of the Early Termination Fee for the Contraction Premises identified in such notice. In the event that the Contraction Premises Surrender Date for all or any portion of the Contraction Premises occurs after the anticipated date of termination as stated in the Contraction Rights Exercise Notice, promptly following the Contraction Premises Surrender Date for such Contraction Premises Landlord and Tenant shall re-calculate the Early Termination Fee for the Contraction Premises using the actual Contraction Premises Surrender Date, and Tenant shall pay any additional Early Termination Fee amount to Landlord within twenty (20) days following such determination.

Early Termination Rights. Subject to the terms and conditions of this Article XI, during the Initial Term of this Lease (but not during any Renewal Terms), Tenant shall have the right from time to time terminate this Lease for a portion of the Premises to exercise Contraction Rights be determined by surrendering Tenant in its sole discretion consisting only of full floor increments according to Landlord Contraction Premises containing up to four hundred thousand the following schedule (400,000) square feet of Net Rentable Area, in the aggregate (such rights, “Early Termination RightsRight”) effective at midnight, Mountain Time, on the applicable termination date (“Early Termination Date”); , provided that (ai) until Tenant is not then in monetary Default beyond the expiration applicable period for notice and cure of any of the second Lease Yearterms, covenants, conditions, provisions or agreements of the Lease, or any amendments thereto; (ii) Tenant shall have given Landlord written notice of its election to so terminate on or before the last day of applicable notice date(s) set forth below (“Termination Notice”), which termination shall be effective on the applicable Early Termination Date if notice is so timely given; and (iii) within the time frame set forth below, Tenant may not exercise any delivers the applicable Termination Fee (described below) in cash or certified funds to Landlord. Once Tenant has exercised its first Early Termination Rights and (b) prior to the expiration of the third Lease YearRight, Tenant shall only be permitted to exercise Early Termination Rights by sending Contraction Rights Exercise Notices to Landlord on Contraction Premises containing Net Rentable Area of up to two hundred thousand (200,000) square feet of Net Rentable Area, in the aggregate. Tenant’s Contraction Rights Exercise Notice for Early Termination Rights shall only be effective if accompanied by a payment in the amount all subsequent exercises of the Early Termination Fee Right by Tenant shall be only for full floors contiguous to the floor(s) previously surrendered by Tenant pursuant to the provisions hereof. If Tenant meets the conditions described above and elects to exercise its Early Termination Rights, the Term of the Lease for the Contraction Premises identified in such notice. In the event that the Contraction Premises Surrender Date for all or any applicable portion of the Contraction Premises occurs after shall expire and come to an end on the anticipated date of termination as stated in the Contraction Rights Exercise Notice, promptly following the Contraction Premises Surrender applicable Early Termination Date for such Contraction Premises Landlord and Tenant shall re-calculate surrender the entirety of the applicable portion of the Premises to Landlord in the condition required by the Lease and neither party shall have any further obligations to the other with respect to such space after the applicable Early Termination Fee for the Contraction Premises using the actual Contraction Premises Surrender Date, and except with respect to such items as expressly survive the expiration or earlier termination of this Lease. Failure of the Tenant shall pay any additional to give timely notice of its election to exercise its applicable Early Termination Right or to pay the applicable Termination Fee amount as set forth herein shall operate as a waiver of that specific Early Termination Right (but not any subsequent rights) and this Lease shall continue to Landlord within twenty (20) days following such determination.be fully enforceable. The Early Termination Right of Tenant is as follows:

Early Termination Rights. Subject to the terms and conditions of this Article XI, during the Initial Term of this Lease (but not during any Renewal Terms), Tenant shall have the right from time to time to exercise Contraction Rights by surrendering to Landlord Contraction Premises containing up to four hundred thousand (400,000) square feet of Net Rentable Area, in ________________________________________________________________________________________________________________________ the aggregate (such rights, “Early Termination Rights”); provided that (a) until the expiration of the second Lease Year, Tenant may not exercise any Early Termination Rights and (b) prior to the expiration of the third Lease Year, Tenant shall only be permitted to exercise Early Termination Rights by sending Contraction Rights Exercise Notices to Landlord on Contraction Premises containing Net Rentable Area of up to two hundred thousand (200,000) square feet of Net Rentable Area, in the aggregate. Tenant’s Contraction Rights Exercise Notice for Early Termination Rights shall only be effective if accompanied by a payment in the amount of the Early Termination Fee for the Contraction Premises identified in such notice. In the event that the Contraction Premises Surrender Date for all or any portion of the Contraction Premises occurs after the anticipated date of termination as stated in the Contraction Rights Exercise Notice, promptly following the Contraction Premises Surrender Date for such Contraction Premises Landlord and Tenant shall re-calculate the Early Termination Fee for the Contraction Premises using the actual Contraction Premises Surrender Date, and Tenant shall pay any additional Early Termination Fee amount to Landlord within twenty (20) days following such determination.