Landlord's Option to Recapture Premises Sample Clauses

Landlord's Option to Recapture Premises. Landlord elects to recapture such portion of the Premises as Tenant proposes to sublease or assign as provided in paragraph (b) above, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's notice. In the event a portion only of the Premises is recaptured, the Rental payable under this Lease, the Security Deposit, and Tenant's Share shall be proportionately reduced based on the rentable square footage retained by Tenant and the rentable square footage leased by Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of this Lease in accordance therewith. If Landlord recaptures only a portion of the Premises, it shall construct and erect at its sole cost such partitions as may be required to sever the space retained by Tenant from the space recaptured by Landlord; provided, however, that said partitions need only be finished in Building Standard condition, Landlord may, without limitation, lease the recaptured portion of the Premises. If Landlord does not elect to recapture pursuant to this paragraph, Tenant may thereafter enter into a valid assignment or sublease with respect to the Premises, provided Landlord pursuant to this Article, consents thereto, and provided further that (i) such assignment or sublease executed within ninety (90) days after notification to Landlord of such proposal pursuant to Section 28(b) above, and (ii) the rental there is not less than that stated in such notification. Any termination as provided in this Article 28(c) should be subject to the written consent of any Mortgagee of Landlord. The effective date of any such termination shall be as specified in Landlord's notice of termination.
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Landlord's Option to Recapture Premises. Tenant shall, together with any request for Landlord’s consent to assign this Lease or to sublet the Premises, or any part thereof, offer to Landlord the right to recapture all or any part of the Premises which Tenant desires to assign or sublet. Landlord shall have fifteen (15) thirty (30) days following receipt of Tenant’s notice to make an election to recapture under this Section 8.2. Landlord may require Tenant to assign or sublease to Landlord all or any portion of the Premises Tenant desires to assign or sublease. In the event Landlord shall elect to recapture all or any portion of the Premises, Base Rent shall be reduced by a fraction the numerator of which is the Net Rentable area of that portion of the Premises being recaptured by Landlord and the denominator of which is the total Net Rentable area of the Premises.
Landlord's Option to Recapture Premises. If Tenant proposes to make a Transfer requiring Landlord’s consent, Landlord may, at its option, upon notice to Tenant given within 30 days after its receipt of Tenant’s notice of the proposed Transfer (together with all other information required under Section 13.3), elect to recapture the Premises (or the portion of the Premises subject to the Transfer) and terminate the Lease (or terminate the Lease as to the portion of the Premises recaptured only). If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the Rentable Square Feet retained by Tenant and the Rentable Square Feet leased by Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall execute an amendment to this Lease in order to reflect such recapture and termination. Upon any such termination, Landlord and Tenant shall have no further obligations or liabilities to each other under this Lease with respect to the recaptured portion of the Premises, except with respect to obligations or liabilities which accrue or have accrued hereunder as of the date of such termination (in the same manner as if the date of such termination were the date originally fixed for the expiration of the Term).

Related to Landlord's Option to Recapture Premises

  • Landlord’s Option to Repair Notwithstanding the terms of Section 11.1 of this Lease, Landlord may elect not to rebuild and/or restore the Premises, Building and/or Project, in which event this Lease shall terminate, by notifying Tenant in writing of such termination within sixty (60) days after the date of discovery of the damage, such notice will include a termination date giving Tenant sixty (60) days to vacate the Premises, but this Lease may be so terminated Landlord may so elect only if the Building or Project shall be damaged by fire or other casualty or cause, whether or not the Premises are affected, and one or more of the following conditions is present: (i) in Landlord’s reasonable judgment, repairs cannot reasonably be completed within one hundred eighty (180) days after the date of discovery of the damage (when such repairs are made without the payment of overtime or other premiums); (ii) the holder of any mortgage on the Building or Project or ground lessor with respect to the Building or Project shall require that the insurance proceeds or any portion thereof be used to retire the mortgage debt, or shall terminate the ground lease, as the case may be; (iii) the damage is not fully covered by Landlord’s insurance policies or that portion of the proceeds from Landlord’s insurance policies allocable to the Building or the Project, as the case may be; (iv) Landlord decides to rebuild the Building or Common Areas so that they will be substantially different structurally or architecturally; (v) the damage occurs during the last twelve (12) months of the Lease Term; or (vi) any owner of any other portion of the Project, other than Landlord, does not intend to repair the damage to such portion of the Project; provided, however, that if such fire or other casualty shall have damaged the Premises or a portion thereof or Common Areas necessary to Tenant’s occupancy and as a result of such damage the Premises are unfit for occupancy, and provided that Landlord does not elect to terminate this Lease pursuant to Landlord’s termination right as provided above, and either (a) the repairs cannot, in the reasonable opinion of Landlord’s contractor, be completed within two hundred seventy (270) days after being commenced, or (b) the damage occurs during the last twelve months of the Lease Term and will reasonably require in excess of ninety (90) days to repair, Tenant may elect, no earlier than sixty (60) days after the date of the damage and not later than ninety (90) days after the date of such damage, to terminate this Lease by written notice to Landlord effective as of the date specified in the notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the date such notice is given by Tenant.

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