Common use of Landlord’s Options Clause in Contracts

Landlord’s Options. Landlord may, in the alternative, (i) continue this Lease in effect, as long as Landlord does not Terminate Tenant's right to possession, and Landlord tnay enforce all its rights and remedies under the Lease, including the right to recover all rent as it becotnes due under the Lease; or (ii) Terminate Tenant's right of possession (but not this Lease) and repossess the Premises pursuant to the laws of the State in which the Building is located, without demand or notice of any kind to Tenant, in which event Landlord inay, but shall be under no obligation to do so (unless required by the laws of the State in which the Building is located), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of any such reletting Landlord is authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay be necessary or convenient, at Tenant's expense. Tenant shall also be responsible for rent for the period that the Premises are vacant and all costs ofr"e-letting, including, without limitation, brokerage conunissions and attorneys' fees. Tenant shall be liable for any deficiency of such rental below the total rental and all other payments herein provided for the unexpired balance of the Term of this Lease. If said breach of the Lease contint1es, Landlord may, at any tiine thereafter, elect to Terminate the Lease; or (M) exercise any or all rights and remedies available to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITY

Landlord’s Options. Landlord may, in the alternative, (i) continue this Lease in effect, as long as Landlord does not Terminate terminate Tenant's ’s right to possession, and Landlord tnay may enforce all its rights and remedies under the Lease, including the right to recover all the rent as it becotnes becomes due under the Lease; or (ii) Terminate terminate Tenant's ’s right of possession (but not this Lease) and repossess the Premises pursuant to the laws of the State in which the Building Property is located, without demand or notice of any kind to Tenant, in which event Landlord inay, but shall be under no obligation use commercially reasonable efforts to do so (unless required by the laws of the State in which the Building is located), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of any such reletting Landlord is authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay may be necessary or convenient, at Tenant's ’s expense. Tenant shall also be responsible for rent for the period that the Premises are vacant and all costs ofr"eof re-letting, including, without limitation, reasonable brokerage conunissions commissions and attorneys' ’ fees. Tenant shall be liable for any deficiency of such rental below the total rental and all other payments herein provided for the unexpired balance of the Term term of this Lease. If said breach of the Lease contint1escontinues, Landlord may, at any tiine time thereafter, elect to Terminate terminate the Lease; or (Miii) exercise any or and all other rights and remedies available to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITY.

Landlord’s Options. Landlord may, in the alternative, (i) continue this Lease in effect, as long as Landlord does not Terminate Tenant's terminate Tenant`s right to possession, and Landlord tnay may enforce all its rights and remedies under the Lease, including the right to recover all the rent as it becotnes becomes due under the Lease; or (ii) Terminate terminate Tenant's right of possession (but not this Lease) and repossess the Premises pursuant to the laws of the State in which the Building is locatedof Florida, without demand or notice of any kind to Tenant, in which event Landlord inaymay, but shall be under no obligation to do so (unless except to the extent required by the laws of the State in which the Building is locatedof Florida ), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of any such reletting Landlord is authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay may be necessary or convenient, at Tenant's expense. Tenant shall also be responsible for rent for the period that the Premises are vacant and all costs ofr"e32 of re-letting, including, including without limitation, brokerage conunissions commissions and attorneys' fees. Tenant shall also be liable for any deficiency of such rental below the total rental and all other payments herein provided for the unexpired balance of the Term term of this Lease. If said breach of the Lease contint1es, Landlord may, at any tiine thereafter, elect to Terminate the Lease; or (Miii) exercise any or and all other rights and remedies available to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITY.

Landlord’s Options. Landlord mayIf Tenant desires to effect a Transfer, in the alternative, then at least thirty (i30) continue this Lease in effect, as long as Landlord does not Terminate Tenant's right to possession, and Landlord tnay enforce all its rights and remedies under the Lease, including the right to recover all rent as it becotnes due under the Lease; or (ii) Terminate Tenant's right of possession (but not this Lease) and repossess the Premises pursuant days prior to the laws date when Tenant desires the Transfer to be effective (the “Transfer Date”), Tenant shall deliver to Landlord written notice (“Transfer Notice”) setting forth the terms and conditions of the State in which proposed Transfer and the Building is located, without demand or notice of any kind to Tenant, in which event Landlord inay, but shall be under no obligation to do so (unless required by the laws identity of the State in which the Building is locatedproposed assignee, sublessee or other transferee (sometimes referred to hereinafter as a “Transferee”), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of any such reletting Landlord is authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay be necessary or convenient, at Tenant's expense. Tenant shall also deliver to Landlord with the Transfer Notice, a current financial statement and such evidence of financial responsibility and standing as Landlord may reasonably require of the Transferee which have been certified or audited by a reputable independent accounting firm acceptable to Landlord, and such other information concerning the business background and financial condition of the proposed Transferee as Landlord may reasonably request. Except with respect to a Permitted Transfer, within fifteen (15) business days of Landlord’s receipt of any Transfer Notice, and any additional information requested by Landlord pursuant to this Section 20.2, Landlord will notify Tenant of its election to do one of the following: (a) consent to the proposed Transfer subject to such reasonable conditions as Landlord may impose in providing such consent; (b) refuse such consent, which refusal shall be on reasonable grounds; or (c) terminate this Lease as to all or such portion of the Premises which is proposed to be sublet or assigned and recapture all or such portion of the Premises for reletting by Landlord, which termination shall be effective as of the proposed Transfer Date. If Landlord exercises its option to terminate this Lease with respect to only a portion of the Premises following Tenant’s request for Landlord’s approval of the proposed sublease of such space, Landlord shall be responsible for rent for the period that construction of any demising wall which Landlord reasonably deems necessary to separate such space from the Premises are vacant and all costs ofr"e-letting, including, without limitation, brokerage conunissions and attorneys' fees. Tenant shall be liable for any deficiency of such rental below the total rental and all other payments herein provided for the unexpired balance remainder of the Term of this Lease. If said breach of the Lease contint1es, Landlord may, at any tiine thereafter, elect to Terminate the Lease; or (M) exercise any or all rights and remedies available to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITYPremises.

Landlord’s Options. In the event of any breach of this Lease by Tenant, Landlord may, in the alternative, (i) continue this Lease in effect, as long as Landlord does not Terminate terminate Tenant's ’s right to possession, and Landlord tnay may enforce all its rights and remedies under the this Lease, including the right to recover all rent the Rent as it becotnes due under the Leasebecomes due; or (ii) Terminate terminate Tenant's ’s right of possession (but not this Lease) and repossess the Premises pursuant to the laws of the State in which the Building Project is located, without demand or notice of any kind to Tenant, located in which event Landlord inaymay, but shall be under no obligation (except to do so (unless the extent required by the laws of the State in which the Building Project is located), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord; and (iii) exercise any and all other rights and remedies available to Landlord at law or in equity. For In the purpose of any such reletting event that Landlord elects to relet: (i) Landlord is hereby authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay may be necessary or convenient, at Tenant's ’s expense. , (ii) Tenant shall also be responsible for rent Rent for the period that the Premises are vacant and for all costs ofr"eof re-letting, including, without limitation, brokerage conunissions commissions and attorneys' ’ fees. , and (iii) Tenant shall be liable for any deficiency of such rental below the total rental Rent and all other payments herein provided for the unexpired balance of the Term of this Lease. If said breach of the Lease contint1es, Landlord may, at (or any tiine thereafter, elect to Terminate the Lease; extension or (M) exercise any or all rights and remedies available to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITYrenewal thereof).

Landlord’s Options. Landlord may, in the alternative, (i) continue this Lease in effect, as long as Landlord does not Terminate terminate Tenant's right to possession, and Landlord tnay may enforce all its rights and remedies under the Lease, including the right to recover all the rent as it becotnes becomes due under the Lease; or (ii) Terminate terminate Tenant's right of possession (but not this Lease) and repossess the Premises pursuant to the laws of the State in which the Building Project is located, without demand or notice of any kind to Tenant, in which event Landlord inaymay, but shall be under no obligation to do so (unless except to the extent required by the laws of the State in which the Building Project is located), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of any such reletting Landlord is authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay may be necessary or convenient, at Tenant's expense. Tenant shall also be responsible for rent for the period that the Premises are vacant and all costs ofr"eof re-letting, including, without limitation, brokerage conunissions commissions and attorneys' fees. Tenant shall be liable for any deficiency of such rental below the total rental and all other payments herein provided for the unexpired balance of the Term term of this Lease. If said breach of the Lease contint1escontinues, Landlord may, at any tiine time thereafter, elect to Terminate terminate the Lease; or (Miii) exercise any or and all other rights and remedies available to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITY.

Landlord’s Options. Landlord mayshall have the right, in to be exercised by giving notice to Tenant within thirty (30) days after receipt of Tenant’s above-described notice and such further financial information as may be requested by Landlord, together with the alternativelees required under Paragraph 12.7, to (i) continue terminate this Lease and recapture the portion of the Premises described in Tenant’s notice, (ii) approve the transfer or sublease application, or (iii) reject the application for transfer or sublease. If notice of termination is given by Landlord, it shall serve to cancel and terminate this Lease with respect to such portion of the Premises; provided, however, that such termination shall be subject to the written consent of any mortgagee of Landlord. The effective date of such cancellation shall be as specified in Landlord’s notice of termination. If this Lease is canceled pursuant to the foregoing with respect to only a portion of the Premises, the Rent required under this Lease shall be adjusted proportionately based on the square footage retained by Tenant and the square footage leased by Tenant hereunder immediately prior to such recapture and cancellation, and Landlord and Tenant shall thereupon execute an amendment of this Lease in effect, as long as accordance therewith. If Landlord does not Terminate Tenant's right to possession, and Landlord tnay enforce all its rights and remedies under the Lease, including the right to recover all rent as it becotnes due under the Lease; or (ii) Terminate Tenant's right of possession (but not this Lease) and repossess the Premises pursuant to the laws so recaptures a portion of the State in which Premises, it shall construct and erect as its sole cost such partitions as may be required to sever the Building is located, without demand or notice of any kind to Tenant, in which event Landlord inay, but shall be under no obligation to do so (unless required space retained by Tenant from the laws of the State in which the Building is located), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to space recaptured by Landlord. For the purpose of any such reletting Landlord is authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay be necessary or convenient, at Tenant's expense. Tenant shall also be responsible for rent for the period that the Premises are vacant and all costs ofr"e-letting, includingmay, without limitation, brokerage conunissions and attorneys' fees. Tenant shall be liable for any deficiency of such rental below lease the total rental and all other payments herein provided for the unexpired balance recaptured portion of the Term of this LeasePremises to the proposed subtenant or transferee without liability to Tenant. If said breach Landlord elects to terminate this Lease and recapture the portion of the Lease contint1esPremises described in Tenant’s notice (“Terminated Premises”), Landlord mayshall also be granted by Tenant, at any tiine thereafterwithout charge, elect such rights of access to Terminate the Lease; or (M) exercise any or all rights ‘Terminated Premises as was proposed to be given to the proposed subtenant and remedies available as is reasonable and necessary to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITYpermit occupancy of the Terminated Premises.

Landlord’s Options. Landlord may, in the alternative, (i) continue this Lease in effect, as long as Landlord does not Terminate Tenant's terminate Tenant`s right to possession, and Landlord tnay may enforce all its rights and remedies under the Lease, including the right to recover all the rent as it becotnes becomes due under the Lease; or (ii) Terminate terminate Tenant's right of possession (but not this Lease) and repossess the Premises pursuant to the laws of the State in which the Building is locatedof Florida, without demand or notice of any kind to Tenant, in which event Landlord inaymay, but shall be under no obligation to do so (unless except to the extent required by the laws of the State in which the Building is locatedof Florida ), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of any such reletting Landlord is authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay may be necessary or convenient, at Tenant's expense. Tenant shall xxxXx also be responsible for rent for the period that the Premises are vacant and all costs ofr"eof re-letting, including, including without limitation, brokerage conunissions commissions and attorneys' fees. Tenant shall also be liable for any deficiency of such rental below the total rental and all other payments herein provided for the unexpired balance of the Term term of this Lease. If said breach of the Lease contint1es, Landlord may, at any tiine thereafter, elect to Terminate the Lease; or (Miii) exercise any or and all other rights and remedies available to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITY.

Landlord’s Options. Landlord mayshall have the right, in to be exercised by giving notice to Tenant within thirty (30) days after receipt of Tenant's above-described notice and such further financial information as may be requested by Landlord together with the alternativefees required under paragraph 12.7, (i) continue to terminate this Lease and recapture the portion of the Premises described in Tenant's notice, (ii) approve the transfer or sublease application, or (iii) reject the application for transfer or sublease. If notice of termination is given by Landlord, it shall serve to cancel and terminate this Lease with respect to such portion of the Premises; provided, however, that such termination shall be subject to the written consent of any mortgagee of Landlord. The effective date of such cancellation shall be as specified in Landlord's notice of termination. If this Lease is canceled pursuant to foregoing with respect to only a portion of the Premises, the Rent required under this Lease, and including Tenant's Share, shall be adjusted proportionately based on the square footage retained by Tenant and the square footage leased by Tenant hereunder immediately prior to such recapture and cancellation, and Landlord and Tenant shall thereupon execute an amendment of this Lease in effect, as long as accordance therewith. If Landlord does not Terminate Tenant's right to possession, and Landlord tnay enforce all its rights and remedies under the Lease, including the right to recover all rent as it becotnes due under the Lease; or (ii) Terminate Tenant's right of possession (but not this Lease) and repossess the Premises pursuant to the laws so recaptures a portion of the State in which Premises, it shall construct and erect as its sole cost such partitions as may be required to sever the Building is located, without demand or notice of any kind to Tenant, in which event Landlord inay, but shall be under no obligation to do so (unless required space retained by Tenant from the laws of the State in which the Building is located), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to space recaptured by Landlord. For the purpose of any such reletting Landlord is authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay be necessary or convenient, at Tenant's expense. Tenant shall also be responsible for rent for the period that the Premises are vacant and all costs ofr"e-letting, includingmay, without limitation, brokerage conunissions and attorneys' fees. Tenant shall be liable for any deficiency of such rental below lease the total rental and all other payments herein provided for the unexpired balance recaptured portion of the Term of this Lease. If said breach of Premises to the Lease contint1es, Landlord may, at any tiine thereafter, elect proposed subtenant or transferee without liability to Terminate the Lease; or (M) exercise any or all rights and remedies available to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITYTenant.

Landlord’s Options. Landlord may, in the alternative, (i) continue this Lease in effect, as long as Landlord does not Terminate terminate Tenant's ’s right to possession, and Landlord tnay may enforce all its rights and remedies under the Lease, including the right to recover all the rent as it becotnes becomes due under the Lease; or (ii) Terminate terminate Tenant's ’s right of possession (but not this Lease) and repossess the Premises pursuant to the laws of the State in which the Building Project is located, without demand or notice of any kind to Tenant, in which event Landlord inaymay, but shall be under no obligation to do so (unless except to the extent required by the laws of the State in which the Building Project is located), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of any such reletting Landlord is authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay may be necessary or convenientto relet the Premises , at Tenant's ’s expense. Tenant shall also be responsible for rent for the period that the Premises are vacant and all costs ofr"eof re-letting, including, without limitation, brokerage conunissions commissions and reasonable attorneys' ’ fees. Tenant shall be liable for any deficiency of such rental below the total rental and all other payments herein provided for the unexpired balance of the Term term of this Lease. If said breach of the Lease contint1escontinues, Landlord may, at any tiine time thereafter, elect to Terminate terminate the Lease; or (Miii) exercise any or and all other rights and remedies available to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITY.

Landlord’s Options. Upon any request by Tenant for Landlord’s consent to a Transfer, Landlord may, may elect to terminate this Lease and recapture all of the Premises (in the alternativeevent of an assignment request) or the Subject Space (in the event of a subleasing request). Landlord shall notify Tenant within thirty (30) days after Landlord’s receipt of the subject Transfer Notice and all other documentation and information required to be provided pursuant to Section 41(b) above, (i) continue this Lease in effectwhether Landlord elects to exercise Landlord’s recapture right and, as long as if not, whether Landlord consents to the requested Transfer; if Landlord does not Terminate Tenant's right elect to possessionexercise its recapture right, and Landlord’s consent to a Transfer will not be unreasonably withheld. If Landlord tnay enforce all gives notice of its rights and remedies under the Lease, including the right to recover all rent as it becotnes due under the Lease; or (ii) Terminate Tenant's right of possession (but not this Lease) and repossess the Premises pursuant to the laws exercise of the State in which recapture right, Tenant may, no more than once per calendar year, elect to rescind its Transfer Notice, by notice to Landlord within ten (10) business days after Tenant’s receipt of the Building is located, without demand or Landlord’s notice of any kind the election to Tenantrecapture, in which event the Lease will continue in full force and effect without modification. If Landlord inaydoes elect to exercise its recapture right, but and Tenant does not elect to rescind its Transfer Notice, such recapture will be effective ninety (90) days following Landlord’s notice of same. Without limiting the grounds upon which Landlord may reasonably withhold its consent, the parties hereby agree that it shall be reasonable under no obligation this Lease and under any applicable Law for Landlord to do so (unless required by the laws withhold consent to any proposed Transfer where one or more of the State in which the Building is located), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlord. For the purpose of any such reletting Landlord is authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay be necessary or convenient, at Tenant's expense. Tenant shall also be responsible for rent for the period that the Premises are vacant and all costs ofr"e-letting, including, without limitation, brokerage conunissions and attorneys' fees. Tenant shall be liable for any deficiency of such rental below the total rental and all other payments herein provided for the unexpired balance of the Term of this Lease. If said breach of the Lease contint1es, Landlord may, at any tiine thereafter, elect to Terminate the Lease; or (M) exercise any or all rights and remedies available to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITYfollowing apply:

Landlord’s Options. Landlord may, in the alternative, (i) continue this Lease in effect, as long as Landlord does not Terminate terminate Tenant's right to possession, and Landlord tnay may enforce all its rights and remedies under the Lease, including the right to recover all the rent as it becotnes becomes due under the Lease; or (ii) Terminate terminate Tenant's right of possession (but not this Lease) and repossess the Premises pursuant to the laws of the State in which the Building is locatedof Florida, without demand or notice of any kind to TenantTenant except that which is required by Florida law and its requirements of legal process, in which event Landlord inay, but shall be under no obligation use commercially reasonable efforts to do so (unless required by the laws of the State in which the Building is located), relet the Premises for the account of Tenant for such rent and upon such terms as shall be satisfactory to Landlordreasonable. For the purpose of any such reletting Landlord is authorized by Tenant to decorate or to make any repairs, changes, alterations or additions in or to the Premises that inay may be necessary or convenient, at Tenant's expense, provided that the same are justified by the economics of the replacement lease in Landlord's reasonable determination. Tenant shall also be responsible for rent for the period that the Premises are vacant and all costs ofr"eof re-letting, including, including without limitation, brokerage conunissions commissions and attorneys' fees. Tenant shall also be liable for any deficiency of such rental below the total rental and all other payments herein provided for the unexpired balance of the Term term of this Lease. If said breach of the Lease contint1es, Landlord may, at any tiine thereafter, elect to Terminate the Lease; or (Miii) exercise any or and all other rights and remedies available to Landlord at law or in equity. LIMITATION ON LANDLORD'S PERSONAL LIABILITY.