Landlord’s Response. At any time within fifteen (15) days after Landlord's receipt of the notice specified in Paragraph 9(b), Landlord may by written notice to Tenant elect to (i) consent to the Sublease or Assignment; or (ii) disapprove the Sublease or Assignment. In addition, Landlord may elect to terminate this Lease as to the portion of the Premises that is specified in such notice, with a proportionate abatement in Monthly Base Rent and Additional Charges for Expenses and Taxes, if such notice is with respect to (x) any proposed Assignment, except in conjunction with a Permitted Transfer, or (y) any proposed Sublease and either (I) the term of the Sublease commences on or after the sixth (6th) anniversary of the Commencement Date, and after giving effect to such Sublease the original Tenant will occupy less than fifty percent (50%) of the Rentable Area of the Premises, or (II) such Sublease has a term (including any renewal or extension options) that either is coterminous with the Initial Term (or Extension Term if the Exercise Notice has been delivered prior to the commencement of such Sublease) or expires within the last eighteen (18) months of the Initial Term (or Extension Term if the Exercise Notice has been delivered prior to the commencement of such Sublease). Failure by Landlord to either consent to or disapprove a proposed Assignment or Sublease within the fifteen (15) day time period specified above shall be deemed to be Landlord's disapproval thereof.
Appears in 2 contracts
Samples: Lease Agreement (Handspring Inc), Lease Agreement (Handspring Inc)
Landlord’s Response. At any time within fifteen (15) days after Landlord's receipt of the notice specified in Paragraph 9(b), Landlord may by written notice to Tenant elect to (i) consent to the Sublease or Assignmentproposed Transfer; or (ii) disapprove the Sublease or Assignmentproposed Transfer. In addition, Landlord may elect elect, by delivering written notice to Tenant within such fifteen (15) day period, to terminate this Lease as to the portion of the Premises that is specified in such notice, with a proportionate abatement in Monthly Base Rent and Additional Charges for Expenses and Taxes, if such notice is with respect to (x) any proposed Assignment, except in conjunction with a Permitted TransferTransfer occurring after Reinstatement, or (y) any proposed Sublease and either (I) Reinstatement has not occurred, or (II) the term of the Sublease commences on or after the sixth (6th) anniversary commencement of the Commencement Date, Initial Extension Term and after giving effect to such Sublease the original Tenant will occupy less than fifty percent (50%) of the Rentable Area of the PremisesBuilding, or (IIIII) such Sublease has a term (including any renewal or extension options) that either is coterminous with the Initial Term (or any Extension Term Term(s) if the Exercise Notice for such Extension Term(s) has been delivered prior to the commencement of such Sublease) or expires within the last eighteen (18) months of the Initial Term (or any Extension Term Term(s) if the Exercise Notice for such Extension Term(s) has been delivered prior to the commencement of such Sublease). Failure by Landlord to either consent to or disapprove a proposed Assignment or Sublease within the fifteen (15) day time period specified above shall be deemed to be Landlord's disapproval thereof.
Appears in 1 contract
Samples: Lease Agreement (Handspring Inc)
Landlord’s Response. At any time Landlord shall, pursuant to notice received by Tenant ("Landlord's Recognition Notice"), within fifteen thirty (1530) days after clays of Landlord's receipt of the notice specified Cancellation Notice and the documentation described in Paragraph 9(b)Section 8.2.2, Landlord may by written notice to Tenant elect to above, either (i) consent to approve the Recognition and notify Tenant, at that time, whether (a) the Suite 500 Term will terminate, in Landlord's sole discretion, following the fifty-third (53rd) month or the sixtieth (60th) month of the Suite 500 Term, and/or (b) there are inconsistent terms and/or conditions of the Sublease or Assignment; by which Landlord refuses to bound in accordance with item (i) of Section 8.2.1, above, or (ii) disapprove the Sublease or Assignment. In additionRecognition, in which event Landlord's Recognition Notice shall set forth in detail the grounds for such disapproval; provided, however, that if Landlord may elect (A) approves the Recognition pursuant to terminate this Lease as to the portion item (i), above, but notifies Tenant that there are inconsistent terms and/or conditions of the Premises that is specified Sublease by which Landlord refuses to bound in such noticeaccordance with item (i) of Section 8.2.1, with a proportionate abatement in Monthly Base Rent and Additional Charges for Expenses and Taxes, if such notice is with respect to (x) any proposed Assignment, except in conjunction with a Permitted Transferabove, or (yB) any proposed Sublease disapproves the Recognition pursuant to item (ii) above, Tenant may, by delivering written notice to Landlord within ten (10) business days of receipt of Landlord's Recognition Notice, rescind its exercise of Tenant's Cancellation Right, in which event the Lease, as amended, will continue in full force and effect. Notwithstanding anything to the contrary set forth in this Section 8.2, Landlord reserves the right to notify Tenant in writing, at least six (6) months prior to the applicable Cancellation Date (the "Final Notice Date"), that Landlord will be disapproving of the Recognition in accordance with item (vii) of Section 8.2.1, above. Tenant, may, by delivering written notice to Landlord within ten (10) business days of receipt of the notice described in the previous sentence, either (Ia) rescind its exercise of Tenant's Cancellation Right, in which event the term of the Sublease commences on or after the sixth (6th) anniversary of the Commencement DateLease, as amended, will continue in full force and after giving effect to such Sublease the original Tenant will occupy less than fifty percent (50%) of the Rentable Area of the Premiseseffect, or (IIb) such Sublease has a term (including any renewal or extension options) that either is coterminous with deliver the Initial Term (or Extension Term if the Exercise Notice has been delivered prior applicable Cancellation Payment to the commencement of such Sublease) or expires within the last eighteen (18) months of the Initial Term (or Extension Term if the Exercise Notice has been delivered prior to the commencement of such Sublease). Failure by Landlord to either consent to or disapprove a proposed Assignment or Sublease within the fifteen (15) day time period specified above shall be deemed to be Landlord's disapproval thereof.
Appears in 1 contract
Samples: Sublease (Specialty Laboratories)