Landlord’s Recapture Rights. At any time within twenty (20) business days after Landlord's receipt of all (but not less than all) of the information and documents described in Section 14.02 above, Landlord may, at its option by written notice to Tenant, elect to: (a) sublease the Premises or the portion thereof proposed to be sublet by Tenant upon the same terms as those offered to the proposed subtenant; (b) take an assignment of the Lease upon the same terms as those offered to the proposed assignee; or (c) terminate the Lease in its entirety or as to the portion of the Premises proposed to be assigned or sublet, with a proportionate adjustment in the Rent payable hereunder if the Lease is terminated as to less than all of the Premises. If Landlord does not exercise any of the options described in the preceding sentence, then, during the above-described twenty (20) business day period, Landlord shall either consent or deny its consent to the proposed assignment or subletting.
Landlord’s Recapture Rights. Notwithstanding any other provision of this Article, if Tenant desires to assign, sublease or otherwise transfer to any person or entity (other than an Affiliate) any interest in this Lease or the Premises or any part thereof, then Tenant shall deliver to Landlord a written request for consent, together with all of the information specified in Section 11.05 above. If such transfer (together with all other assignments, subleases or transfers then in effect) would affect more than fifty percent (50%) of the Rentable Area of the Premises in the aggregate (such total affected portion of the Rentable Area of the Premises being referred to herein as the “Recapture Space”), then Landlord shall have the option to recapture the Recapture Space, which option shall be exercisable only by giving written notice to Tenant (“Recapture Notice”) within fifteen (15) days after Landlord’s receipt of Tenant’s request for consent. Upon Landlord’s timely delivery of a Recapture Notice to Tenant, Tenant shall have the right, for up to fifteen (15) days following receipt of such Recapture Notice, to withdraw Tenant’s written request for Landlord’s consent which triggered Landlord’s option to recapture by written notice to Landlord. If Tenant withdraws Tenant’s written request for Landlord’s consent as provided herein, this Lease shall continue in full force and effect. If Landlord exercises its option to recapture and Tenant does not withdraw its written request for Landlord’s consent as provided herein, this Lease shall terminate with respect to the Recapture Space effective on the date that is specified in Tenant’s request for consent as the effective date of the proposed transfer. Landlord’s recapture rights shall be subject to the rights of any assignee, subtenant or other transferee of Tenant, as set forth in any assignment, sublease or other transfer agreement to which Landlord previously has consented, but subject to the terms and conditions set forth in Landlord’s consent thereto; any such assignment, sublease or other transfer agreement shall be assigned to Landlord as of the effective date of Landlord’s recapture.
Landlord’s Recapture Rights. Except with regard to a Permitted Transfer, at any time within ten (10) business days after Landlord’s receipt of all (but not less than all) of the information and documents described in Section 10.2, Landlord shall have the right (but not the obligation), exercisable by written notice to Tenant, to elect to cancel and terminate this Lease.
Landlord’s Recapture Rights. With exception to the initial sublease by --------------------------- Tenant to an interested third party of not more than 3,500 square feet, and prior to the commencement of the second year of the Term, and at any time within twenty (20) business days after Landlord's receipt of all (but not less than all) of the information and documents described in Section 14.2 above, Landlord may, at its option by written notice to Tenant, elect to: (a) sublease the Premises or the portion thereof proposed to be sublet by Tenant upon the same terms as those offered to the proposed subtenant; (b) take an assignment of the Lease upon the same terms as those offered to the proposed assignee; or (c) terminate the Lease to the portion of the Premises proposed to be assigned or sublet, with a proportionate adjustment in the Rent payable hereunder if the Lease is terminated as to less than all of the Premises provided that Tenant, within five (5) days after receipt of the Landlord's notice to terminate, may withdraw its request for consent to the transfer, in which event Landlord's election to terminate the Lease shall be null and void and of no further effect. If Landlord does not exercise any of the options described in the preceding sentence, then, Tenant shall provide Landlord with a copy of the proposed assignment or sublease and within a twenty (20) business day period, Landlord shall either consent or deny its consent to the proposed assignment or subletting.
Landlord’s Recapture Rights. If Tenant desires to assign this Lease or to sublet all or any portion of the Demised Premises, it shall first submit in writing to Landlord the documents described in Section 15.3 hereof, and shall offer in writing, (a) with respect to a prospective assignment, to assign this Lease to Landlord without any payment of monies or other consideration therefor, or, (b) with respect to a prospective subletting, to sublet to Landlord the portion of the Demised Premises involved ("Leaseback Area") for the term specified by Tenant in its proposed sublease and at the lower of (i) Tenant's proposed subrental, or (ii) at the same rate of Fixed Rent and Additional Rent, and otherwise on the same terms, covenants and conditions (including provisions relating to escalation rents), as are contained herein and as are allocable and applicable to the portion of the Demised Premises to be covered by such subletting. The offer shall specify the date (the "Effective Date") when the assignment will be effective or the Leaseback Area will be made available to Landlord, as the case may be, which date shall in no event be earlier than ninety (90) days nor later than one hundred eighty (180) days following the acceptance of the offer. If an offer of sublease is made, and if the proposed sublease will result in all or substantially all of the Demised Premises being sublet, then Landlord shall have the option to extend the terms of its proposed sublease for the balance of the Term of this Lease less one (1) day. Alternatively, within sixty (60) days of the receipt of an offer from Tenant to assign this Lease or to sublease all or substantially all of the Demised Premises, Landlord may elect to terminate this Lease by delivering written notice of such election to Tenant. Landlord, in any event, shall have a period of thirty (30) days from the receipt of any such assignment or subletting offer from Tenant to either accept or reject the same. If Landlord shall accept such offer, Tenant shall then execute and deliver to Landlord, or to anyone designated or named by Landlord, an assignment or sublease, as the case may be, which assignment or sublease, as the case may be, is in form and substance reasonably satisfactory to Landlord's counsel. If a sublease is so made, it shall expressly:
Landlord’s Recapture Rights. Except with regard to a Permitted Transfer, at any time within twenty (20) business days after Landlord’s receipt of all (but not less than all) of the information and documents described in Section 10.2, Landlord shall have the right (but not the obligation), exercisable by written notice to Tenant, to elect to cancel and terminate this Lease; provided however, that if the proposed Transfer is a sublease or other Transfer of only a portion of the Tenant Space and/or for a portion of the remaining Term, Landlord shall only have the right to terminate (or suspend, as the case may be) the Lease with respect to the portion of the Tenant Space for the portion of the remaining Term which Tenant proposes to sublease or Transfer. If Landlord exercises its right to terminate or suspend the Term of the Lease with respect to only a portion of the Tenant Space, then the Base Rent and Tenant’s Proportionate Share shall be reduced based pro-rata for the time period of such termination or suspension based upon the reduction in the electrical capacity available to Tenant in the remaining portion of the Tenant Space.
Landlord’s Recapture Rights. At any time within thirty (30) after Xxxxxxxx’s receipt of all (but not less than all) of the information and documents described in Section 14.02 above, Landlord may, if Tenant desires to (i) sublease all or substantially all of the Premises, (ii) sublease less than all or substantially all of the Premises for all or substantially all of the Term, or (iii) assign the Lease, at its option by written notice to Tenant, elect to: (a) take an assignment of the Lease upon the same terms as those offered to the proposed assignee; (b) sublease the Premises from Tenant upon the same terms as those offered to the proposed subtenant; or (c) terminate the Lease with respect to the portion of the Premises affected by any proposed subletting. If Landlord does not exercise any of the options described in the preceding sentence, then, during the above-described thirty (30) day period, Landlord shall either consent or deny its consent to the proposed assignment or subletting which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord exercises its rights under subsections (a), (b) or (c) above, then Tenant shall be released of all further liability under this Lease, with respect to the affected portion of the Premises, arising on the effective date of the assignment to, or termination by, Landlord.
Landlord’s Recapture Rights. Whenever Tenant desires to sublease all or any part of the Premises for any period of time, or to assign this Lease, Tenant shall give notice thereof to Landlord, which notice shall comply with the provisions of Section 14.4 and shall contain a statement of the proposed commencement date of such sublease or assignment (the "Target Date"). The notice shall constitute an offer from Tenant (the "Offer") to Landlord, at Landlord's option, exercisable in Landlord's sole discretion, to terminate this Lease as to all of the Premises or such part thereof which Tenant desires to sublease. Landlord may exercise this option by notice to Tenant at any time within 30 Business Days after receipt of the Offer, and during this 30 Business Day period, Tenant shall not sublet the Premises or assign the Lease to any Person. The Target Date shall be not earlier than 60 days and not later than 365 days after the date of the Offer. If Landlord exercises its option to terminate this Lease, then this Lease shall terminate on the Target Date set forth in such Offer. The Rents shall be prorated and paid through the termination date. If Landlord does not exercise its option to terminate this Lease, Tenant may sublease the Premises or assign the Lease; provided, however, that (a) Tenant must obtain Landlord's consent pursuant to Section 14.4, (b) the commencement date of such sublease or assignment shall not be earlier than the Target Date set forth in such Offer and (c) Tenant must comply with the applicable provisions of this Article XIV.
Landlord’s Recapture Rights. Notwithstanding the terms and conditions to the contrary set forth in Section 17 of the Lease, Tenant shall not be required to give Landlord a “Recapture Offer” when offering or advertising a sublease under the Lease for an Exempt Sublease and Landlord’s recapture right under Section 17 shall also not apply to any sublease (and Tenant shall not be required to give Landlord a “Recapture Offer” with respect to any sublease) with a term that expires prior to January 31, 2023. In addition, for purposes of Section 17 of the Lease, Sxxxx Xxxxxx, an existing tenant in the Building, shall not be deemed to be a Restricted Occupant with respect to any Exempt Sublease.
Landlord’s Recapture Rights. At any time within twenty (20) business days after Landlord's receipt of all of the information and documents described in Section 14.02 above, Landlord may, at its option by written notice to Tenant, elect to: (A) sublease the Premises or the portion thereof proposed to be sublet by Tenant upon the same terms as those offered to the proposed subtenant; (B) take an assignment of the Lease upon the same terms as those offered to the proposed assignee; or (C) terminate the Lease in its entirety or as to the portion of the Premises proposed to be assigned- or sublet, with a proportionate adjustment in the Rent payable hereunder if the Lease is terminated as to less than all of the Premises. If Landlord does not exercise any of the options described in the preceding sentence, then, during the above-described twenty (20) business day period, Landlord shall either consent or deny its consent to the proposed assignment or subletting.
