Common use of Landlord’s Option to Recapture Premises Clause in Contracts

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 days after its receipt of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the Premises, Landlord may, at its option upon written notice to Tenant given within 30 days after its receipt of Tenant's notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet retained by Tenant and the square footage of the Rentable Square Feet leased by Xxxxxx immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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).

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 days after its receipt of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the PremisesPremises for the balance of the Lease term, Landlord may, at its option upon written notice to Tenant given within 30 thirty (30) days after its receipt of the above-described notice from Tenant's notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If In the event a portion only of the Premises is recaptured, the Rent Rental payable under this Lease Lease, the Security Deposit, and Tenant's Share shall be proportionately reduced based on the rentable square footage of the Rentable Square Feet retained by Tenant and the rentable square footage of the Rentable Square Feet leased by Xxxxxx Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to 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 thereafterbe required to separate the space retained by Tenant from the space recaptured by Landlord; provided, without limitationhowever, that said partitions need only be finished in Building Standard condition. Landlord may, at its option, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. Upon any such terminationIf Landlord does not elect to recapture pursuant to this Section 28.3, Landlord and Tenant shall have no further obligations or liabilities to each other under this Lease may thereafter enter into a valid sublease with respect to the recaptured portion of the Premises, except with respect provided Landlord, pursuant to obligations or liabilities which accrue or have accrued hereunder this Article 28, consents thereto, and provided further that (i) the sublease is executed within ninety (90) days after notification to Landlord of such proposal, and (ii) the rental therefor is not less than that stated in such notification. Any termination as provided in this Section 28.3 shall be subject to the written consent of the any Mortgagee of Landlord. The effective date of any such termination (shall be the Proposed Effective Date so long as Tenant has complied with the provisions of Section 28.2 above, and otherwise shall be as specified in the same manner as if the date Landlord's notice of such termination were the date originally fixed for the expiration of the Term)termination.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 thirty (30) days after its receipt of Tenant's ’s notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the Premises, Landlord may, at its option upon written notice to Tenant given within 30 thirty (30) days after its receipt of Tenant's ’s notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet rentable square feet retained by Tenant and the square footage of the Rentable Square Feet rentable square feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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 Termterm hereof).

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 days after its receipt of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the Premises, Landlord may, at its option upon written notice to Tenant given within 30 days after its receipt of Tenant's notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet retained by Tenant and the square footage of the Rentable Square Feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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).

Landlord’s Option to Recapture Premises. If Tenant proposes to --------------------------------------- assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 thirty (30) days after its receipt of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the PremisesPremises for the remainder of the Term, Landlord may, at its option upon written notice to Tenant given within 30 thirty (30) days after its receipt of Tenant's notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet retained by Tenant and the square footage of the Rentable Square Feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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 Termterm hereof). Notwithstanding the foregoing, Tenant may, within ten (10) days after Landlord's notice to Tenant terminating this Lease with respect to the assigned or sublet portion of the Premises, withdraw Tenant's request for Landlord's consent to any assignment or subletting under this ARTICLE X, in which event this Lease shall remain in full force --------- and effect with respect to the entire Premises.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this LeaseLease other than to a Related Entity, Landlord may, at its option, upon written notice to Tenant given within 30 days after its receipt of Tenant's ’s notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the PremisesPremises for the remainder of the Term, Landlord may, at its option upon written notice to Tenant given within 30 days after its receipt of Tenant's ’s notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet retained by Tenant and the square footage of the Rentable Square Feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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).

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 thirty (30) days after its receipt of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the PremisesPremises for the remainder of the Term, Landlord may, at its option upon written notice to Tenant given within 30 thirty (30) days after its receipt of Tenant's notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet rentable square feet retained by Tenant and the square footage of the Rentable Square Feet rentable square feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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 Termterm hereof).

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 days after its receipt of Tenant's ’s notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the PremisesPremises for a greater amount of Basic Rent than that being charged hereunder, Landlord may, at its option upon written notice to Tenant given within 30 days after its receipt of Tenant's ’s notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet retained by Tenant and the square footage of the Rentable Square Feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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). Notwithstanding anything contained herein to the contrary, Landlord’s shall not have the option to recapture the Premises in the event Tenant proposes to sublease all or part of the Premises for an amount equal to or less than the amount of Basic Rent being charged hereunder or in the event of an assignment or sublease to a Related Entity.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 days after its receipt of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the Premises, Landlord may, at its option upon written notice to Tenant given within 30 days after its receipt of Tenant's notice of proposed subletting, together with all other necessary information, elect elects to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlordor assign as provided in paragraph (b) above, then this Lease shall terminate as to the portion of the Premises recapturedrecaptured and for the period of time specified in Tenant's notice. If In the event a portion only of the Premises is recaptured, the Rent Rental payable under this Lease Lease, the Security Deposit, and Tenant's Share shall be proportionately reduced based on the rentable square footage of the Rentable Square Feet retained by Tenant and the rentable square footage of the Rentable Square Feet leased by Xxxxxx Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to 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 thereafterbe 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 Premises. If Landlord does not elect to the proposed assignee recapture pursuant to this paragraph, Tenant may thereafter enter into a valid assignment or subtenant without liability to Tenant. Upon any such termination, Landlord and Tenant shall have no further obligations or liabilities to each other under this Lease sublease with respect to the recaptured portion of the Premises, except with respect provided Landlord pursuant to obligations this Article, consents thereto, and provided further that (i) such assignment or liabilities which accrue or have accrued hereunder 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 the any Mortgagee of Landlord. The effective date of any such termination (shall be as specified in the same manner as if the date Landlord's notice of such termination were the date originally fixed for the expiration of the Term)termination.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 15 days after its receipt of Tenant's ’s notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the Premises, Landlord may, at its option upon written notice to Tenant given within 30 15 days after its receipt of Tenant's ’s notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet retained by Tenant and the square footage of the Rentable Square Feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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).

Landlord’s Option to Recapture Premises. If Subject to Sections 10.4 and 10.5, if Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 10 business days after its receipt of Tenant's ’s notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part for the entire remainder of the Term the entire First Floor Premises, the entire Fifth Floor Premises, the entire Sixth Floor Premises, or any combination thereof, then Landlord may, at its option upon written notice to Tenant given within 30 10 business days after its receipt of Tenant's ’s notice of proposed subletting, together with all other necessary informationinformation as outlined in Section 10.1, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured, with such date of termination being the earlier of the proposed date of sublease or assignment or 30 days after Landlord provides notice of recapture to Tenant. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet retained by Tenant and the square footage of the Rentable Square Feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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).

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 fifteen (15) business days after its receipt of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the Premises, Landlord may, at its option upon written notice to Tenant given within 30 fifteen (15) business days after its receipt of Tenant's notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet retained by Tenant and the square footage of the Rentable Square Feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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).such

Landlord’s Option to Recapture Premises. If Tenant proposes provides Landlord with a notice pursuant to assign this Lease, Landlord may, at its option, upon written notice Section 28.2 hereof with regard to Tenant given within 30 days after its receipt a subletting of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the PremisesPremises for the balance of the Lease term, Landlord may, at its option upon written notice to Tenant given within 30 thirty (30) days after its receipt of the above-described notice from Tenant's notice of proposed subletting, together with all other necessary information, elect to to, recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If In the event a portion only of the Premises is recaptured, the Rent Rental payable under this Lease the Security Deposit, and Tenant's Share shall be proportionately reduced based on the rentable square footage of the Rentable Square Feet retained by Tenant and the rentable square footage of the Rentable Square Feet leased by Xxxxxx Tenant hereunder immediately prior to such recapture and termination, termination and Landlord and Tenant shall thereupon execute an amendment to 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 thereafterbe required to separate the space retained by Tenant from the space recaptured by Landlord; provided, without limitationhowever, that said partitions need only be finished in Building Standard condition. Landlord may, at its option, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. Upon any such terminationIf Landlord does not elect to recapture pursuant to this Section 28.3, Landlord and Tenant shall have no further obligations or liabilities to each other under this Lease may thereafter enter into a valid sublease with respect to the recaptured portion of the Premises, except with respect provided Landlord, pursuant to obligations or liabilities which accrue or have accrued hereunder this Article 28, consents thereto, and provided further that (1) the sublease is executed within ninety (90) days after notification to Landlord of such proposal, and (iii) the rental therefor is not less than that slated in such notification. Any termination as provided in this Section 28.3 shall be subject to the written consent of the any Mortgagee of Landlord. The effective date of any such termination (shall be the Proposed Effective Date so long as Tenant has compiled with the provisions of Section 28.2 above, and otherwise shall be as specified in the same manner as if the date Landlord's notice of such termination were the date originally fixed for the expiration of the Term)termination.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this LeaseLease other than in accordance with Sections 10.4 or 10.5, Landlord may, at its option, upon written notice to Tenant given within 30 days after its receipt of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part a portion of the Premises, other than in accordance with Section 10.4, and such sublease constitutes a Significant Sublease, then Landlord may, at its option upon written notice to Tenant given within 30 days after its receipt of Tenant's notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. Notwithstanding the foregoing, Tenant may, within ten (10) days after Landlord’s notice to Tenant terminating this Lease in connection with a proposed assignment of the Lease or with respect to the proposed sublet portion of the Premises, withdraw Tenant’s request for Landlord’s consent to any assignment or subletting under this Article X, in which event this Lease shall remain in full force and effect with respect to the entire Premises. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet retained by Tenant and the square footage of the Rentable Square Feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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). As used in this Lease, “Significant Sublease” means any sublease of all or any portion of the Premises (whether by itself or when the Rentable Square Feet covered by such sublease is aggregated with the Rentable Square Feet covered by any other subleases of a portion of the Premises then in effect) that covers either a portion of the Premises comprising one or more floors in the Premises or containing 38,901 Rentable Square Feet or more and that (a) is entered into after April 30, 2026; or (b) has a term longer than 60 months (whether pursuant to its initial terms or as a result of a renewal or extension of the term of such sublease).

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 days after its receipt of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the Premises, Landlord may, at its option upon written notice to Tenant given within 30 twenty (20) days after its receipt of the above-described notice from Tenant's notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If in the event a portion only of the Premises is recaptured, the Rent Rental payable under this Lease Lease, the Security Deposit, and Tenant's Share shall be proportionately reduced based on the rentable square footage of the Rentable Square Feet retained by Tenant and the rentable square footage of the Rentable Square Feet leased by Xxxxxx Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to 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 thereafterbe required to separate the space retained by Tenant from the space recaptured by Landlord; provided, without limitationhowever, that said partitions need only be finished in Building Standard condition. Landlord may, at its option, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. Upon any such terminationIf Landlord does not elect to recapture pursuant to this Section 28.3, Landlord and Tenant shall have no further obligations or liabilities to each other under this Lease may thereafter enter into a valid sublease with respect to the recaptured portion of the Premises, except with respect provided Landlord, pursuant to obligations or liabilities which accrue or have accrued hereunder this Article 28, consents thereto, and provided further that (i) the sublease is executed within ninety (90) days after notification to Landlord of such proposal, and (ii) the rental therefor is not less than that stated in such notification. Any termination as provided in this Section 28.3 shall be subject to the written consent of the any Mortgagee of Landlord. The effective date of any such termination (shall be the Proposed Effective Date so long as Tenant has complied with the provisions of Section 28.2 above, and otherwise shall be as specified in the same manner as if the date Landlord's notice of such termination were the date originally fixed for the expiration of the Term)termination.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 thirty (30) calendar days after its receipt of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the Premises, Landlord may, at its option upon written notice to Tenant given within 30 thirty (30) calendar days after its receipt of Tenant's notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet retained by Tenant and the square footage of the Rentable Square Feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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 Termterm hereof).

Landlord’s Option to Recapture Premises. If If, other than in connection with a Permitted Transfer (for which Landlord shall have no recapture right), Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 days after its receipt of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to Lease or sublease all or part substantially all of the PremisesPremises for the balance of the Lease Term, Landlord may, at its option upon written notice to Tenant given within 30 thirty (30) days after its receipt of the above-described notice from Tenant's notice of proposed subletting, together with all other necessary information, elect to recapture the Premises or such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If In the event only a portion of the Premises is recaptured, the Rent payable under this Lease Lease, and Tenant's Proportionate Share shall be proportionately reduced based on the rentable square footage of the Rentable Square Feet retained by Tenant and the rentable square footage of the Rentable Square Feet leased by Xxxxxx Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to 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 thereafterbe required to separate the space retained by Tenant from the space recaptured by Landlord; provided, without limitationhowever, that said partitions need only be finished in Building Standard condition. Landlord may, at its option, lease the recaptured portion of the Premises to the proposed assignee subtenant or subtenant any other party without liability to Tenant. Upon any such terminationIf Landlord does not elect to recapture pursuant to this Section 12.3, Landlord and Tenant shall have no further obligations or liabilities to each other under may thereafter enter into a valid assignment of this Lease or sublease with respect to the recaptured portion Premises upon the terms stated in Tenant's notice to Landlord, provided Landlord, pursuant to this Section 12, consents thereto, and provided further that the assignment or sublease is executed within ninety (90) days after notification to Landlord of such proposal. Any termination as provided in this Section 12.3 shall be subject to the Premises, except with respect to obligations or liabilities which accrue or have accrued hereunder as written consent of the any Mortgagee of Landlord. The effective date of any such termination (shall be the Proposed Effective Date so long as Tenant has complied with the provisions of Section 12.2 above, and otherwise shall be as specified in the same manner as if the date Landlord's notice of such termination were the date originally fixed for the expiration of the Term)termination.

Landlord’s Option to Recapture Premises. If Tenant proposes Prior to assign any assignment of this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 days after its receipt Lease or any subletting of Tenant's notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part any portion of the Premises, and prior to commencing any marketing efforts with respect thereto, Tenant shall inform Landlord of its intention by written notice. To be effective, such notice shall specify whether or not all of the Premises shall be available for assignment/sublet and, if less than all of the Premises will be made available, Tenant shall further specify the location and Rentable Square Feet of that portion of the Premises which Tenant desires to sublet (each such written notice by Tenant under this SECTION 10.4 being hereinafter referred to as "Tenant's Assign/Sublet Notice"). Upon receipt of each Tenant's Assign/Sublet Notice, Landlord may, at its option upon written notice to Tenant given within 30 twenty (20) days after its receipt of Tenant's notice of proposed subletting, together with all other necessary informationthereafter, elect to recapture such the Premises (or applicable portion, as the case may be, consistent with Tenant's Assign/Sublet Notice). Upon Landlord's election to recapture, this Lease shall fully terminate (in the event Tenant's Assign/Sublet Notice specifies the entire Premises) or partially terminate as to the applicable portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to (in the portion event Tenant's Assign/Sublet Notice specifies less than all of the Premises recapturedPremises). If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet retained by Tenant and the square footage of the Rentable Square Feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee any person or subtenant entity without liability to Tenant. 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 Termterm hereof). (i) Tenant has not completed all assignment/subletting activity prior to expiration of the Assign/Sublet Period (and Tenant still desires to assign or sublet); or (ii) during the Assign/Sublet Period Tenant desires to assign/sublet space which is (a) more than 3,000 square feet larger than the space which was specified in Tenant's Assign/Sublet Notice (if the original specified space was 15,000 square feet or less), or (b) more than 4,000 square feet larger than the space which was specified in Tenant's Assignment/Sublet Notice (if the original specified space was over 15,000 square feet), then in any such event Tenant shall provide Landlord with a new Tenant's Assign/Sublet Notice, and Landlord shall again have the option to recapture within twenty (20) days thereafter, consistent with the foregoing provisions. This procedure shall be repeated, as necessary, until Landlord has recaptured the Premises or Tenant has completed an assignment or sublet consistent with the foregoing and within the applicable Assign/Sublet Period.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord may, at its option, upon written notice to Tenant given within 30 thirty (30) days after its receipt of Tenant's ’s notice of proposed assignment, together with all other necessary information, elect to recapture the Premises and terminate this Lease. If Tenant proposes to sublease all or part of the PremisesPremises for the remainder of the Term, Landlord may, at its option upon written notice to Tenant given within 30 thirty (30) days after its receipt of Tenant's ’s notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease and upon such election by Landlord, this Lease shall terminate as to the portion of the Premises recaptured. If a portion of the Premises is recaptured, the Rent payable under this Lease shall be proportionately reduced based on the square footage of the Rentable Square Feet rentable square feet retained by Tenant and the square footage of the Rentable Square Feet rentable square feet leased by Xxxxxx Tenant immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment to this Lease in accordance therewith. Landlord may thereafter, without limitation, lease the recaptured portion of the Premises to the proposed assignee or subtenant without liability to Tenant. 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 Termterm hereof).