Common use of Landlord’s Recapture Right Clause in Contracts

Landlord’s Recapture Right. Notwithstanding anything herein to the contrary, in addition to withholding or granting consent with respect to any proposed assignment of this Lease or proposed sublease of all or a portion of the Premises, Landlord shall have the right, to be exercised in writing within thirty (30) days after written notice from Tenant seeking Landlord’s consent to assign this Lease or sublease all or any portion of the Premises, to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in the event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (the “Recapture Date”) which is the later of (a) sixty (60) days after the date of Landlord’s election, and (b) the proposed effective date of such assignment or sublease, as if such date were the last day of the Term of this Lease. If Landlord exercises the rights under this Section in connection with a proposed sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Rent and Escalation Charges shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date.

Landlord’s Recapture Right. Within ten (10) business days after Landlord’s receipt of Tenant’s submission of Tenant’s written request for Landlord’s consent to a Transfer, Landlord shall have the option, to be exercised by written notice to Tenant (without limiting Landlord’s other rights under this Lease), of terminating this Lease (or, as to a subletting or assignment, terminate this Lease as to the portion of the Premises proposed to be sublet or assigned) upon the date that the proposed Transfer was to be effective. If Landlord terminates this Lease as to all or any portion of the Premises, then this Lease shall cease for such portion of the Premises and Tenant shall pay to Landlord all Rent accrued through the cancellation date relating to the portion of the Premises covered by the proposed Transfer. Thereafter, Landlord may lease all or such portion of the Premises to the prospective transferee (or to any other person or entity) without liability to Tenant. Notwithstanding anything herein in this Section 15.4 to the contrary, in addition if, within ten (10) days after Tenant receives Landlord’s notice of intent to withholding or granting consent with respect to any proposed assignment of this Lease or proposed sublease of recapture all or a portion of the Premises, Landlord shall have the right, to be exercised in writing within thirty (30) days after written notice from Tenant seeking may withdraw its request for Landlord’s consent to assign this Lease or sublease all or any portion of the Premisesa Transfer, in which case Landlord shall have no right to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in the event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (the “Recapture Date”) which is the later of (a) sixty (60) days after the date of Landlord’s election, and (b) the proposed effective date of such assignment or sublease, as if such date were the last day of the Term of this Lease. If Landlord exercises the rights under this Section in connection with a proposed sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Rent and Escalation Charges shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date15.4.

Landlord’s Recapture Right. Notwithstanding anything herein to the contrary, If an Event of Default (as defined in addition to withholding or granting consent with respect to any proposed assignment of this Lease or proposed sublease of all or a portion of the PremisesSection 14.1 hereof) has occurred and is continuing), Landlord shall have the right, to be exercised in writing within thirty (30) days after written notice from Tenant seeking Landlord’s consent to assign this Lease or sublease all or any portion of the Premises, to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in the event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (the “Recapture Date”) which is the later of (a) sixty (60) days after the date of Landlord’s election, and (b) the proposed effective date of such assignment or sublease, as if such date were the last day of the Term of this Lease. If Landlord exercises the rights under this Section in connection with a proposed sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Rent and Escalation Charges shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date, and Landlord shall separately demise the recaptured portion of the Premises from the remainder of the Premises.

Landlord’s Recapture Right. Notwithstanding anything herein to the contrary, in addition to withholding or granting consent with respect to any proposed assignment of this Lease or proposed sublease of all or a portion of the Premisesmatter prohibited by SECTION 7.1(A), Landlord shall have the right, to be exercised in writing within thirty (30) days after written notice from Tenant seeking Landlord’s 's consent to assign this Lease or to sublease all or any portion of the Premises, to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in the event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (the “Recapture Date”"RECAPTURE DATE") which is the later of (a) sixty (60) days after the date of Landlord’s 's election, and (b) the proposed effective date of such assignment or subleaseassignment, as if such date were the last day of the Term of this Lease. If Landlord exercises the rights under this Section in connection with a proposed sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Rent and Escalation Charges shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date.

Landlord’s Recapture Right. Notwithstanding anything herein to the contrary, If an Event of Default (as defined in addition to withholding or granting consent with respect to any proposed assignment of this Lease or proposed sublease of all or a portion of the PremisesSection 14.1 hereof) has occurred and is continuing), Landlord shall have the right, to be exercised in writing within thirty (30) days after written notice from Tenant seeking Landlord’s 's consent to assign this Lease or sublease all or any portion of the Premises, to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in the event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (the “"Recapture Date”") which is the later of (a) sixty (60) days after the date of Landlord’s 's election, and (b) the proposed effective date of such assignment or sublease, as if such date were the last day of the Term of this Lease. If Landlord exercises the rights under this Section in connection with a proposed sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Rent and Escalation Charges shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date, and Landlord shall separately demise the recaptured portion of the Premises from the remainder of the Premises.

Landlord’s Recapture Right. Notwithstanding anything herein to the contrary, It is agreed that in addition to lieu of withholding or granting its consent with respect to any proposed assignment or sublease hereunder Landlord may, within thirty (30) days of receipt of a request for consent from Tenant, cancel this Lease as to the entire Premises in the event of a request for consent to an assignment of this Lease or as to so much of the Premises as Tenant has proposed to sublease in the event of a request of Tenant to sublet. If Landlord shall elect to cancel this Lease as to all or a portion of the Premises, Landlord it shall have the rightgive Tenant written notice of its election, to which notice shall set forth a “termination date” which shall be exercised in writing within thirty not less than sixty (3060) or more than one hundred twenty (120) days after written notice from Tenant seeking Landlordthe receipt by Landlord of Tenant’s consent request to assign or sublet, and on that “termination date” Tenant shall surrender the Premises or portion thereof for which this Lease or sublease all or any portion has been canceled, in accordance with the provisions of this Lease relating to the surrender of the Premises, Premises at the expiration or termination of the Lease Term. If the cancellation shall be as to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in only, then the event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (the “Recapture Date”) which is the later of (a) sixty (60) days after the date of Landlord’s election, Rent and (b) the proposed effective date of such assignment or sublease, as if such date were the last day of the Term of this Lease. If Landlord exercises the rights under this Section in connection with a proposed sublease, this Lease Additional Rent shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Rent and Escalation Charges shall be appropriately prorated adjusted proportionately to reflect the reduction of the Premises as of the Recapture Datesaid cancellation.

Landlord’s Recapture Right. Notwithstanding anything herein to the -------------------------- contrary, in addition to withholding or granting consent with respect to any proposed assignment of this Lease or proposed sublease of all or a portion of the Premises, Landlord shall have the right, to be exercised in writing within thirty (30) days after written notice from Tenant seeking Landlord’s 's consent to assign this Lease or sublease all or any portion of the Premises, to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in the event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (the “"Recapture Date”") which is the later of (a) sixty (60) days after the date of Landlord’s 's election, and (b) the proposed effective date of such assignment or sublease, as if such date were the last day of the Term of this Lease. If Landlord exercises the rights under this Section in connection with a proposed sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Rent and Escalation Charges Additional Rent shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date.

Landlord’s Recapture Right. Notwithstanding anything herein to the -------------------------- contrary, in addition to withholding or granting consent with respect to any proposed assignment of this Lease or proposed sublease of all or a portion of the Premises, Landlord shall have the right, to be exercised in writing within thirty (30) days after Tenant has given Landlord written notice from that Tenant seeking Landlord’s consent intends to assign this Lease or sublease all or any portion of the Premises, to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in the event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (the “"Recapture Date”") which is the later of (a) sixty (60) days after the date of Landlord’s election, and (b) the proposed effective date of such assignment or sublease, 's election as if such date were the last day of the Term of this Lease. If Landlord exercises the rights under this Section in connection with a proposed sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Rent and Escalation Charges Additional Rent shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date.

Landlord’s Recapture Right. Notwithstanding anything herein Within thirty (30) days of its receipt of written notice from Tenant that Tenant intends to attempt to sublease the Premises or a specified portion thereof or to assign this Lease as of a date set forth in such notice (the “Recapture Date”), Landlord may cancel this Lease as to the contrary, entire Premises in addition to withholding or granting consent with respect to any the event of proposed assignment of this Lease or as to so much of the Premises as Tenant has proposed to sublease in the event of a proposed sublease. If Landlord shall elect to cancel this Lease as to all or a portion of the Premises, Landlord it shall have the right, to be exercised in writing within thirty (30) days after give Tenant written notice from of its election and Tenant seeking Landlord’s consent to assign shall surrender the Premises or portion thereof for which this Lease or sublease all or any portion has been canceled on such Recapture Date, in accordance with the provisions of this Lease relating to the surrender of the Premises, Premises at the expiration or termination of the Lease Term. If the cancellation shall be as to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in only, then the event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (the “Recapture Date”) which is the later of (a) sixty (60) days after the date of Landlord’s election, Rent and (b) the proposed effective date of such assignment or sublease, as if such date were the last day of the Term of this Lease. If Landlord exercises the rights under this Section in connection with a proposed sublease, this Lease Additional Rent shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Rent and Escalation Charges shall be appropriately prorated adjusted proportionately to reflect the reduction of the Premises as of the Recapture Datesaid cancellation.

Landlord’s Recapture Right. Notwithstanding anything herein to the contrary, in addition to withholding or granting consent with respect to any proposed assignment of this Lease or proposed sublease of all or a portion of the Premises, Landlord shall have the right, to be exercised in writing within thirty (30) days after written notice from Tenant seeking Landlord’s consent to assign this Lease or sublease all or any portion of the Premises, to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in the event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (the “Recapture Date”) which is the later of (a) sixty (60) days after the date of Landlord’s election, and (b) the proposed effective date of such assignment or sublease, as if such date were the last day of the Term of this Lease. If Landlord exercises the rights under this Section in connection with a proposed sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Rent and Escalation Charges Additional Rent shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date.

Landlord’s Recapture Right. Notwithstanding anything herein to the contrary, in addition to withholding or granting consent with respect to any proposed assignment of this Lease or proposed sublease of all or a portion of the PremisesTransfer, Landlord shall have the right, to be exercised in writing within thirty twenty (3020) days after written notice from Tenant seeking Landlord’s consent to assign this Lease or sublease all or any portion receipt of the Premisesa Transfer Notice, (1) to terminate this Lease (in the event of a proposed assignment), (2) to terminate this Lease (in the event of a proposed sublease comprising all or substantially all of the Premises for all or substantially all of the then-remaining Term of this Lease), or (3) to recapture that portion of the Premises to be subleased (in the event of a proposed subleasesublease comprising less than all or substantially all of the Premises for all or substantially all of the then-remaining Term of this Lease). In the case of a proposed assignmentIf Landlord elects to terminate this Lease, this Lease shall terminate as of the date (the “Recapture Date”) which is the later of (a) sixty (60) days after the date of Landlord’s election, and (b) the proposed effective date of such assignment or subleaseTransfer, as if such date were the last day of the Term of this Lease. If Landlord exercises elects to recapture only that portion of the rights under this Section in connection with a proposed subleasePremises to be subleased, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Base Rent and Escalation Charges Additional Rent shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date.

Landlord’s Recapture Right. Notwithstanding anything herein to the contrary, in addition to withholding or granting consent with respect to any proposed assignment of this Lease or proposed sublease of all or a portion of the Premises, Landlord shall have the right, to be exercised in writing within thirty (30) days after written notice from Tenant seeking Landlord’s 's consent to assign this Lease or sublease all or any portion of the Premises, to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in the event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (the “Recapture Date”"RECAPTURE DATE") which is the later of (a) sixty thirty (6030) days after the date of Landlord’s 's election, and (b) the proposed effective date of such assignment or sublease, as if such date were the last day of the Term of this Lease. If Landlord exercises the rights under this Section in connection with a proposed sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Basic Rent and Escalation Charges shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date.