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

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.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord elects may, at its option, upon written notice to Tenant given within 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 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 or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease 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 Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Article, consents thereto, and provided further that (i) such assignment obligations or sublease executed within ninety (90) days after notification to Landlord liabilities which accrue or have accrued hereunder as of the date of such proposal pursuant to Section 28(b) above, and termination (ii) in the rental there is not less than that stated in such notification. Any termination same manner as provided in this Article 28(c) should be subject to if the written consent of any Mortgagee of Landlord. The effective date of any such termination shall be as specified in Landlord's notice were the date originally fixed for the expiration of terminationthe term hereof).

Landlord’s Option to Recapture Premises. If Tenant proposes to --------------------------------------- assign this Lease, Landlord elects may, at its option, upon written notice to Tenant given within 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 Premises for the remainder of the Term, Landlord may, at its option upon written notice to Tenant given within 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 or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease 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 Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Articleobligations 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 hereof). Notwithstanding the foregoing, consents theretoTenant may, and provided further that within ten (i) such assignment or sublease executed within ninety (9010) 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 to Tenant terminating this Lease with respect to the assigned or sublet portion of terminationthe 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 Lease, Landlord elects may, at its option, upon written notice to Tenant given within 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 Premises for the remainder of the Term, Landlord may, at its option upon written notice to Tenant given within 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 or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease shall be proportionately reduced based on the square footage of the rentable square footage feet retained by Tenant and the square footage of the rentable square footage feet leased by Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Article, consents thereto, and provided further that (i) such assignment obligations or sublease executed within ninety (90) days after notification to Landlord liabilities which accrue or have accrued hereunder as of the date of such proposal pursuant to Section 28(b) above, and termination (ii) in the rental there is not less than that stated in such notification. Any termination same manner as provided in this Article 28(c) should be subject to if the written consent of any Mortgagee of Landlord. The effective date of any such termination shall be as specified in Landlord's notice were the date originally fixed for the expiration of terminationthe term hereof).

Landlord’s Option to Recapture Premises. If Tenant proposes to sublease all or part of the Premises, Landlord elects may, at its option upon written notice to Tenant given within twenty (20) days after its receipt of the above-described notice from Tenant, elect to recapture such portion of the Premises as Tenant proposes to sublease or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified recaptured. 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 separate 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 limitationat its option, lease the recaptured portion of the PremisesPremises to the proposed subtenant without liability to Tenant. If Landlord does not elect to recapture pursuant to this paragraphSection 28.3, Tenant may thereafter enter into a valid assignment or sublease with respect to the Premises, provided Landlord Landlord, pursuant to this ArticleArticle 28, consents thereto, and provided further that (i) such assignment or the sublease is executed within ninety (90) days after notification to Landlord of such proposal pursuant to Section 28(b) aboveproposal, and (ii) the rental there therefor is not less than that stated in such notification. Any termination as provided in this Article 28(c) should Section 28.3 shall be subject to the written consent of 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 Landlord's notice of termination.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord elects 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 or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease 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 Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Article, consents thereto, and provided further that (i) such assignment obligations or sublease executed within ninety (90) days after notification to Landlord liabilities which accrue or have accrued hereunder as of the date of such proposal pursuant to Section 28(b) above, and termination (ii) in the rental there is not less than that stated in such notification. Any termination same manner as provided in this Article 28(c) should be subject to if the written consent of any Mortgagee of Landlord. The effective date of any such termination shall be as specified in Landlord's notice were the date originally fixed for the expiration of terminationthe Term).

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord elects may, at its option, upon written notice to Tenant given within 15 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 15 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 or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease 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 Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Article, consents thereto, and provided further that (i) such assignment obligations or sublease executed within ninety (90) days after notification to Landlord liabilities which accrue or have accrued hereunder as of the date of such proposal pursuant to Section 28(b) above, and termination (ii) in the rental there is not less than that stated in such notification. Any termination same manner as provided in this Article 28(c) should be subject to if the written consent of any Mortgagee of Landlord. The effective date of any such termination shall be as specified in Landlord's notice were the date originally fixed for the expiration of terminationthe Term).

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease other than in accordance with Sections 10.4 or 10.5, Landlord elects 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 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 or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured 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 for effect with respect to the period of time specified in Tenant's noticeentire Premises. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease 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 Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord 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 this Article, consents thereto, and provided further that (i) such assignment its initial terms or sublease executed within ninety (90) days after notification to Landlord as a result of a renewal or extension of the term 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 terminationsublease).

Landlord’s Option to Recapture Premises. If, other than in connection with a Permitted Transfer (for which Landlord elects shall have no recapture right), Tenant proposes to assign this Lease or sublease all or substantially all of the Premises for the balance of the Lease Term, Landlord may, at its option upon written notice to Tenant given within thirty (30) days after its receipt of the above-described notice from Tenant, elect to recapture the Premises or such portion of the Premises as Tenant proposes to sublease or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event only a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Proportionate 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 separate 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 limitationat its option, lease the recaptured portion of the PremisesPremises to the proposed subtenant or any other party without liability to Tenant. If Landlord does not elect to recapture pursuant to this paragraphSection 12.3, Tenant may thereafter enter into a valid assignment of this Lease or sublease with respect to the PremisesPremises upon the terms stated in Tenant's notice to Landlord, provided Landlord Landlord, pursuant to this ArticleSection 12, consents thereto, and provided further that (i) such the assignment or sublease is 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 notificationproposal. Any termination as provided in this Article 28(c) should Section 12.3 shall be subject to the written consent of 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 Landlord's notice of termination.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease other than to a Related Entity, Landlord elects 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 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 notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease 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 Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Article, consents thereto, and provided further that (i) such assignment obligations or sublease executed within ninety (90) days after notification to Landlord liabilities which accrue or have accrued hereunder as of the date of such proposal pursuant to Section 28(b) above, and termination (ii) in the rental there is not less than that stated in such notification. Any termination same manner as provided in this Article 28(c) should be subject to if the written consent of any Mortgagee of Landlord. The effective date of any such termination shall be as specified in Landlord's notice were the date originally fixed for the expiration of terminationthe Term).

Landlord’s Option to Recapture Premises. If Tenant proposes to sublease all or part of the Premises for the balance of the Lease term, Landlord elects may, at its option upon written notice to Tenant given within thirty (30) days after its receipt of the above-described notice from Tenant, elect to recapture such portion of the Premises as Tenant proposes to sublease or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. 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 separate 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 limitationat its option, lease the recaptured portion of the PremisesPremises to the proposed subtenant without liability to Tenant. If Landlord does not elect to recapture pursuant to this paragraphSection 28.3, Tenant may thereafter enter into a valid assignment or sublease with respect to the Premises, provided Landlord Landlord, pursuant to this ArticleArticle 28, consents thereto, and provided further that (i) such assignment or the sublease is executed within ninety (90) days after notification to Landlord of such proposal pursuant to Section 28(b) aboveproposal, and (ii) the rental there therefor is not less than that stated in such notification. Any termination as provided in this Article 28(c) should Section 28.3 shall be subject to the written consent of 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 Landlord's notice of termination.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord elects 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 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 notice of proposed subletting, together with all other necessary information, elect to recapture such portion of the Premises as Tenant proposes to sublease or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease 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 Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Articleobligations 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, consents thereto, and provided further that (i) such 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 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 terminationa Related Entity.

Landlord’s Option to Recapture Premises. If Tenant provides Landlord elects with a notice pursuant to Section 28.2 hereof with regard to a subletting of all or part of the Premises for the balance of the Lease term, Landlord may, at its option upon written notice to Tenant given within thirty (30) days after its receipt of the above-described notice from Tenant, elect to, recapture such portion of the Premises as Tenant proposes to sublease or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event a portion only of the Premises is recaptured, the Rental payable under this Lease, 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, 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 separate 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 limitationat its option, lease the recaptured portion of the PremisesPremises to the proposed subtenant without liability to Tenant. If Landlord does not elect to recapture pursuant to this paragraphSection 28.3, Tenant may thereafter enter into a valid assignment or sublease with respect to the Premises, provided Landlord Landlord, pursuant to this ArticleArticle 28, consents thereto, and provided further that (i1) such assignment or the sublease is executed within ninety (90) days after notification to Landlord of such proposal pursuant to Section 28(b) aboveproposal, and (iiiii) the rental there therefor is not less than that stated slated in such notification. Any termination as provided in this Article 28(c) should Section 28.3 shall be subject to the written consent of 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 Landlord's notice of termination.

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord elects may, at its option, upon written notice to Tenant given within 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 Premises, Landlord may, at its option upon written notice to Tenant given within 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 or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease shall be proportionately reduced based on the square footage of the rentable square footage feet retained by Tenant and the square footage of the rentable square footage feet leased by Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Article, consents thereto, and provided further that (i) such assignment obligations or sublease executed within ninety (90) days after notification to Landlord liabilities which accrue or have accrued hereunder as of the date of such proposal pursuant to Section 28(b) above, and termination (ii) in the rental there is not less than that stated in such notification. Any termination same manner as provided in this Article 28(c) should be subject to if the written consent of any Mortgagee of Landlord. The effective date of any such termination shall be as specified in Landlord's notice were the date originally fixed for the expiration of terminationthe term hereof).

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord elects may, at its option, upon written notice to Tenant given within 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 Premises for the remainder of the Term, Landlord may, at its option upon written notice to Tenant given within 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 or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease shall be proportionately reduced based on the square footage of the rentable square footage feet retained by Tenant and the square footage of the rentable square footage feet leased by Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Article, consents thereto, and provided further that (i) such assignment obligations or sublease executed within ninety (90) days after notification to Landlord liabilities which accrue or have accrued hereunder as of the date of such proposal pursuant to Section 28(b) above, and termination (ii) in the rental there is not less than that stated in such notification. Any termination same manner as provided in this Article 28(c) should be subject to if the written consent of any Mortgagee of Landlord. The effective date of any such termination shall be as specified in Landlord's notice were the date originally fixed for the expiration of terminationthe term hereof).

Landlord’s Option to Recapture Premises. Subject to Sections 10.4 and 10.5, if Tenant proposes to assign this Lease, Landlord elects may, at its option, upon written notice to Tenant given within 10 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 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 10 business days after its receipt of Tenant’s notice of proposed subletting, together with all other necessary information as outlined in Section 10.1, elect to recapture such portion of the Premises as Tenant proposes to sublease or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for recaptured, with such date of termination being the period earlier of time specified in the proposed date of sublease or assignment or 30 days after Landlord provides notice of recapture to Tenant's notice. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease 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 Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Article, consents thereto, and provided further that (i) such assignment obligations or sublease executed within ninety (90) days after notification to Landlord liabilities which accrue or have accrued hereunder as of the date of such proposal pursuant to Section 28(b) above, and termination (ii) in the rental there is not less than that stated in such notification. Any termination same manner as provided in this Article 28(c) should be subject to if the written consent of any Mortgagee of Landlord. The effective date of any such termination shall be as specified in Landlord's notice were the date originally fixed for the expiration of terminationthe Term).

Landlord’s Option to Recapture Premises. Prior to any assignment of this Lease or any subletting of all or any portion of the Premises, and prior to commencing any marketing efforts with respect thereto, Tenant shall inform Landlord elects to recapture 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 proposes given within twenty (20) days thereafter, elect to sublease recapture the Premises (or assign applicable portion, as provided in paragraph (b) abovethe case may be, then 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 recaptured and for (in the period of time specified in event Tenant's noticeAssign/Sublet Notice specifies less than all of the Premises). In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease 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 Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to any person or entity without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Article, consents thereto, and provided further that (i) such assignment obligations or sublease executed within ninety (90) days after notification to Landlord liabilities which accrue or have accrued hereunder as of the date of such proposal pursuant to Section 28(b) above, and termination (ii) in the rental there is not less than that stated in such notification. Any termination same manner as provided in this Article 28(c) should be subject to if the written consent of any Mortgagee of Landlord. The effective date of any such termination shall be as specified in Landlord's notice were the date originally fixed for the expiration of terminationthe term hereof).

Landlord’s Option to Recapture Premises. If Tenant proposes to assign this Lease, Landlord elects may, at its option, upon written notice to Tenant given within 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 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 or assign as provided in paragraph (b) aboveand upon such election by Landlord, then this Lease shall terminate as to the portion of the Premises recaptured and for the period of time specified in Tenant's noticerecaptured. In the event If a portion only of the Premises is recaptured, the Rental Rent payable under this Lease, the Security Deposit, and Tenant's Share Lease 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 Tenant hereunder immediately prior to such recapture and termination, and Landlord and Tenant shall thereupon execute an amendment of to 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 maythereafter, without limitation, lease the recaptured portion of the PremisesPremises to the proposed assignee or subtenant without liability to Tenant. If Upon any such termination, Landlord does not elect and Tenant shall have no further obligations or liabilities to recapture pursuant to each other under this paragraph, Tenant may thereafter enter into a valid assignment or sublease Lease with respect to the recaptured portion of the Premises, provided Landlord pursuant except with respect to this Article, consents thereto, and provided further that (i) such assignment obligations or sublease executed within ninety (90) days after notification to Landlord liabilities which accrue or have accrued hereunder as 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.such