Common use of Landlord’s Right to Space Clause in Contracts

Landlord’s Right to Space. Notwithstanding any of the above provisions of this Section to the contrary, if Tenant notifies Landlord that it desires to enter into a Transfer, Landlord, in lieu of consenting to such Transfer, may elect (x) in the case of an assignment or a sublease of the entire Premises, to terminate this Lease, or (y) in the case of a sublease of less than the entire Premises, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding the foregoing, subject to Landlord's approval rights and the other provisions of this Section 14, Landlord shall not have the right to partially terminate this Lease with respect to any sublease whenever (i) such sublease does not result in Tenant subleasing more than thirty percent (30%) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option or options) is less than fifty percent (50%) of the remaining Term of this Lease, and (iii) the term of any such sublease does not expire within the last three (3) years of the Term of this Lease. If Landlord elects to terminate this Lease (whether partially, or in its entirety) pursuant to the provisions of this Section 14.7, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Operating Costs Share and Tenant's Tax Share under this Lease shall be proportionately reduced) on the earlier of sixty (60) days after the date of Landlord's notice to Tenant making the election set forth in this Section 14.7 or the date the Transfer was proposed to be effective, and Landlord may lease such space to any party, including the prospective Transferee identified by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Inktomi Corp)

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Landlord’s Right to Space. Notwithstanding any of the above provisions of this Section to the contrary, if Tenant notifies Landlord that it desires to enter into a Transfer, Landlord, in lieu of consenting to such Transfer, may elect within the time specified in Section 14.2(a) to: (xa) in the case of an assignment or a sublease of the entire Premises, to terminate this Lease, or (yb) in the case of a sublease of less than the entire Premises, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding ; provided, however, that the foregoing, subject to Landlord's approval rights and the other provisions of this Section 14, Landlord foregoing recapture right shall not have the right apply to partially terminate this Lease with respect to any Tenant’s proposed sublease whenever (i) such sublease does not result in Tenant subleasing more than thirty percent (30%) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option or options) is less than fifty percent (50%) or less of the remaining Term of this Lease, and (iii) the term of any such sublease does not expire within the last three (3) years 5th Floor of the Term Building, determined on a cumulative basis (i.e. taking into account all prior subleases of this Leasethe 0xx Xxxxx). If Landlord elects to terminate this Lease (whether partially, or in its entirety) pursuant to the provisions of this Section 14.7In such event, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Operating Costs Share and Tenant's Tax ’s Share under this Lease shall be proportionately reduced) on the earlier of (x) sixty (60) days after the date of Landlord's ’s notice to Tenant making the election set forth in this Section 14.7 14.7, or (y) the date the Transfer was proposed to be effective, if such date is specified in Tenant’s notice to Landlord regarding the proposed Transfer, and Landlord may lease such space to any party, including the prospective Transferee identified by Tenant. If Landlord elects to terminate this Lease as to all or part of the Premises, as permitted above, then Tenant shall have the right to negate Landlord’s termination notice by electing not to proceed with the proposed assignment or sublease and so notifying Landlord in writing no later than five (5) Business Days after Landlord’s termination notice.

Appears in 1 contract

Samples: Sublease (LendingClub Corp)

Landlord’s Right to Space. Notwithstanding any of the above provisions of this Section to the contrary, if Tenant notifies Landlord that it desires to enter into a TransferTransfer (except in the case of a Permitted Transfer or a Transfer to an Affiliated Party or any other transfer to a successor to Tenant by merger, purchase, consolidation or reorganization that is consented to by Landlord), Landlord, in lieu of consenting to such Transfer, may elect (x) in the case of an assignment or a sublease of that would result in fifty percent (50%) or more of the entire Premises, Premises being subject to terminate this Lease, or (y) in the case of sublease for a sublease of less than the entire Premises, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding the foregoing, subject to Landlord's approval rights and the other provisions of this Section 14, Landlord shall not have the right to partially terminate this Lease with respect to any sublease whenever (i) such sublease does not result in Tenant subleasing more than thirty percent (30%) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option or options) is less more than fifty percent (50%) of the then-remaining Term of this Lease, and (iii) the term of any such sublease does not expire within the last three (3) years of the Term of to terminate this Lease. If Landlord elects to terminate this Lease (whether partially, or in its entirety) pursuant to the provisions of this Section 14.7In such event, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Operating Costs Share and Tenant's Tax ’s Share under this Lease shall be proportionately reduced) on the earlier of sixty (60) days after the date of Landlord's notice to Tenant making the election set forth in this Section 14.7 or the date the Transfer was proposed to be effective, and Landlord may lease such space to any party, including the prospective Transferee identified by Tenant. Notwithstanding the foregoing, upon receipt of Landlord’s notice that it has elected to terminate the Lease and recapture the portion of the Premises proposed to be subleased or assigned, Tenant may, in its discretion, elect to rescind its election to enter into a Transfer by delivering notice of the same to Landlord within five (5) business days of Landlord’s notice, in which case, this Lease shall continue in effect as if no such notice were given by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Tercica Inc)

Landlord’s Right to Space. Notwithstanding any of the above provisions ------------------------- of this Section to the contrary, if Tenant notifies Landlord that it desires to enter into a Transfer, Landlord, in lieu of consenting to such Transfer, may elect (x) in the case of an assignment or a sublease of the entire Premises, to terminate this Lease, or (y) in the case of a sublease of less than the entire Premises, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding the foregoing, subject to Landlord's approval rights and the other provisions of this Section 14, Landlord shall not have the right to partially terminate this Lease with respect to any sublease whenever (i) In such sublease does not result in Tenant subleasing more than thirty percent (30%) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option or options) is less than fifty percent (50%) of the remaining Term of this Lease, and (iii) the term of any such sublease does not expire within the last three (3) years of the Term of this Lease. If Landlord elects to terminate this Lease (whether partially, or in its entirety) pursuant to the provisions of this Section 14.7event, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Operating Costs Share and Tenant's Tax Share under this Lease shall be proportionately reduced) on the earlier of sixty (60) days after the date of Landlord's notice to Tenant making the election set forth in this Section 14.7 or the date the Transfer was proposed to be effective, and Landlord may lease such space to any party, including the prospective Transferee identified by Tenant. Notwithstanding the provisions of this Section 14.7 to the contrary, if (i) Tenant proposes to sublease a portion of the Premises, and (ii) Landlord elects to terminate this Lease with respect to the space Tenant proposes to sublease, then Tenant shall have the right to rescind (a "Rescission") any such termination by Landlord only with respect to any sublease which cumulatively, whether through one (1) or more subleases, does not result in Tenant subleasing, in the aggregate, more than seventy-five percent (75%) of the rentable area in the Premises. Any Rescission shall be effective, if at all, only by Tenant giving Landlord written notice ("Tenant's Rescission Notice") within five (5) Business Days following Landlord's written notice of termination pursuant to the provisions of this Section 14.

Appears in 1 contract

Samples: Lease Agreement (Natus Medical Inc)

Landlord’s Right to Space. Notwithstanding any of the above provisions of this Section to the contrary, if Tenant notifies Landlord that it desires to enter into a Transfer, Landlord, in lieu of consenting to such Transfer, may elect (xa) in the case of an assignment or a sublease of the entire Premises, to terminate this Lease, or (yb) in the case of a sublease for a term greater than fifty (50%) of less the remaining term of this Lease and which sublease results in more than fifty percent (50%) of the entire PremisesPremises being subleased at any given time, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding the foregoing, subject to Landlord's approval rights and the other provisions of this Section 14, Landlord shall not have the right to partially terminate this Lease with respect to any sublease whenever (i) In such sublease does not result in Tenant subleasing more than thirty percent (30%) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option or options) is less than fifty percent (50%) of the remaining Term of this Lease, and (iii) the term of any such sublease does not expire within the last three (3) years of the Term of this Lease. If Landlord elects to terminate this Lease (whether partially, or in its entirety) pursuant to the provisions of this Section 14.7event, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Operating Costs Share and Tenant's Tax ’s Share under this Lease shall be proportionately reduced) on the earlier of (x) sixty (60) days after the date of Landlord's ’s notice to Tenant making the election set forth in this Section 14.7 14.7, or (y) the date the Transfer was proposed to be effective, if such date is specified in Tenant’s notice to Landlord regarding the proposed Transfer, and Landlord may lease such space to any party, including the prospective Transferee identified by Tenant. Notwithstanding the provisions of this Section 14.7 to the contrary, if (i) Tenant proposes to sublease a portion of the Premises, and (ii) Landlord elects to terminate this Lease with respect to the space Tenant proposes to sublease, then Tenant shall have the right to rescind (a “Rescission”) any such termination by Landlord only with respect to any sublease which cumulatively, whether through one (1) or more subleases, does not result in Tenant subleasing, in the aggregate, more than seventy-five percent (75%) of the rentable area in the Premises. Any Rescission shall be effective, if at all, only by Tenant giving Landlord written notice (“Tenant’s Rescission Notice”) within five (5) Business Days following Landlord’s written notice of termination pursuant to the provisions of this Section 14.7. Upon Tenant giving Tenant’s Rescission Notice, (iii) this Lease shall remain in full force and effect in accordance with the provisions contained herein, and (iv) Tenant shall be deemed to have withdrawn the request for consent to a sublease, and the proposed sublease which was the basis for Landlord’s termination under the provisions of this Section 14.7 shall be void, and of no force and effect. Tenant shall not have the right to rescind Landlord’s termination of a sublease which cumulatively would result in Tenant subleasing more than seventy-five percent (75%) of the rentable area in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Inpixon)

Landlord’s Right to Space. Notwithstanding any of the above provisions of this Section 14 to the contrary, if Tenant notifies Landlord that it desires to enter into a TransferTransfer which is either an assignment of this Lease or a sublease of greater than fifty percent (50%) of the square footage of the Premises and the sublease is for a term greater than fifty percent (50%) of the initial Term, Landlord, in lieu of consenting to such Transfer, Landlord may elect (x) in the case of an assignment or a sublease of the entire Premises, to terminate this Lease, or (y) in the case of a sublease of less than the entire Premises, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding the foregoing, subject to Landlord's approval rights and the other provisions of this Section 14, Landlord shall not have the right to partially terminate this Lease with respect to any sublease whenever (i) In such sublease does not result in Tenant subleasing more than thirty percent (30%) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option or options) is less than fifty percent (50%) of the remaining Term of this Lease, and (iii) the term of any such sublease does not expire within the last three (3) years of the Term of this Lease. If Landlord elects to terminate this Lease (whether partially, or in its entirety) pursuant to the provisions of this Section 14.7event, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease on the date the Transfer was proposed to be effective (and, in the event of such removal, (i) the Monthly Base Rent shall be adjusted by multiplying the then existing Monthly Base Rent by a fraction, the numerator of which shall be the rentable square footage of the Premises that will be retained by the Tenant after Landlord’s recapture and the Base Rent denominator of which shall be the rentable square footage of the Premises just prior to the recapture, and (ii) Tenant's Operating Costs Share and Tenant's Tax ’s Share under this Lease shall be proportionately reduced) on the earlier of sixty (60) days after the date of Landlord's notice to Tenant making the election set forth in this Section 14.7 or the date the Transfer was proposed to be effective, and ). Landlord may lease such any space as to which the Lease is terminated as provided herein to any partyparty on such terms as Landlord, in its discretion, determines, including the prospective Proposed Transferee identified by Tenant.

Appears in 1 contract

Samples: Lease Agreement (eHealth, Inc.)

Landlord’s Right to Space. (a) Landlord’s Recapture Right. Notwithstanding any of the above provisions other provision of this Section Article 14 to the contrary, but subject to Section l4.7(b), if Tenant notifies Landlord that it desires to enter into a TransferTransfer , then Landlord, in lieu of consenting to such Transfer, may elect elect, within twenty (x20) days after receipt of Tenant’s Transfer Consent Request and all of the required information specified in Section l4.2(a) to: (i) in the case of an assignment or a sublease of the entire Premisesthis Lease, to terminate this Lease, or (yii) in the case of a sublease of less than the one or more entire PremisesFloors, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding , or (iii) in the foregoing, subject to Landlord's approval rights and the other provisions case of this Section 14, Landlord shall not have the right to partially terminate this Lease with respect to any a sublease whenever (i) such sublease does not result in Tenant subleasing of more than thirty percent three (30%3) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option full Floors or options) is less more than fifty percent (50%) of the remaining Term of this LeasePremises, and (iii) the term of any such sublease does not expire within the last three (3) years of the Term of to terminate this Lease. If Landlord elects to terminate this Lease (whether partially, or in its entirety) pursuant to the provisions of this Section 14.7In such event, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Operating Costs Share and Tenant's Tax ’s Share under this Lease shall be proportionately reduced) on the earlier of (x) sixty (60) days after the date of Landlord's ’s notice to Tenant making the election set forth in this Section 14.7 14.7, or (y) the date the Transfer was proposed to be effective, if such date is specified in Tenant’s notice to Landlord regarding the proposed Transfer, and Landlord may lease such space to any party, including the prospective Transferee identified by Tenant.

Appears in 1 contract

Samples: Sublease (Gymboree Corp)

Landlord’s Right to Space. Notwithstanding any of the above provisions of this Section to the contrary, if Tenant notifies Landlord that it desires to enter into a Transfer, Landlord, in lieu of consenting to such Transfer, may elect (x) in the case of an assignment or a sublease of the entire Premises, to terminate this Lease, or (y) in the case of a sublease of less than the entire Premises, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding ; provided, however, Tenant shall have the foregoing, subject right to negate Landlord's approval rights and ’s termination pursuant to the other provisions of this Section 14, 14.7 by giving Landlord shall not have the right to partially terminate this Lease with respect to any sublease whenever written notice of such negation (i“Tenant’s Negation Notice”) such sublease does not result in Tenant subleasing more than thirty percent (30%) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option or options) is less than fifty percent (50%) of the remaining Term of this Lease, and (iii) the term of any such sublease does not expire within the last three (3) years Business Days after Tenant receives Landlord’s notice electing to terminate in lieu of consenting to a Transfer. Upon Tenant’s Negation Notice, Tenant shall be deemed to have withdrawn Tenant’s request for a Transfer, the Lease shall not be terminated with respect to the proposed Transfer, and the proposed Transferee shall have no right in and to the portion of the Term of this LeasePremises which was included in the proposed Transfer. If Landlord elects to terminate this Lease (whether partially, or in its entirety) Upon any such termination pursuant to the provisions of this Section 14.7, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Operating Costs Share and Tenant's Tax ’s Share under this Lease shall be proportionately reduced) on the earlier of sixty (60) days after the date of Landlord's notice to Tenant making the election set forth in this Section 14.7 or the date the Transfer was proposed to be effective, and Landlord may lease such space to any party, including the prospective Transferee identified by Tenant. Notwithstanding the provisions of this Section 14.7 to the contrary, Landlord recognizes and agrees that upon or after the Commencement Date of this Lease Tenant intends to sublease Building 26, containing approximately 19,483 square feet of rentable area, to another entity. Subject to Landlord’s approval rights over the proposed sublease, as provided in Section 14.1 of this Lease, Landlord agrees that Landlord shall not have the right to terminate this Lease with respect to any sublease during the first 36 months of the initial lease Term entered into by Tenant with another entity for Building 26.

Appears in 1 contract

Samples: Sublease Agreement (Fox Hollow Technologies Inc)

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Landlord’s Right to Space. (a) Notwithstanding any of the above provisions of this Section to the contrary, except in connection with a Transfer to an Affiliate, if Tenant notifies Landlord that it desires to enter into a Transfer, Landlord, in lieu of consenting to such Transfer, may elect (x) in the case of an assignment or a sublease of the entire Premises, to terminate this Lease, or (y) in the case of a sublease of less than the entire PremisesPremises for the remainder of the Term, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding the foregoing, subject to Landlord's approval rights and the other provisions of this Section 14, Landlord shall not have the right to partially terminate this Lease with respect to any sublease whenever (i) In such sublease does not result in Tenant subleasing more than thirty percent (30%) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option or options) is less than fifty percent (50%) of the remaining Term of this Lease, and (iii) the term of any such sublease does not expire within the last three (3) years of the Term of this Lease. If Landlord elects to terminate this Lease (whether partially, or in its entirety) pursuant to the provisions of this Section 14.7event, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Operating Costs Share and Tenant's Tax Share under this Lease shall be proportionately reduced) on the earlier of sixty (60) days after the date of Landlord's notice to Tenant making the election set forth in this Section 14.7 or the date the Transfer was proposed to be effective, and Landlord may lease such space to any party, including the prospective Transferee identified by Tenant. (b) Notwithstanding the foregoing provisions of Section 14.3 and 14.7(a) to the contrary, Tenant shall have the right to sublease up to 14,000 rentable square feet of the Premises for up to twenty-four (24) months, and Landlord's right to recapture under Section 14.7(a) shall not apply to such a sublease; however, Tenant shall pay to Landlord as Additional Rent, within ten (10) days after receipt by Tenant, one hundred percent (100%) of all Sublease Profits (as defined in Section 14.3). Any extension or renewal of such a sublease shall be subject to Sections 14.3 and 14.7(a).

Appears in 1 contract

Samples: Lease Agreement (Scientific Learning Corp)

Landlord’s Right to Space. Notwithstanding any of the above provisions of this Section to the contrary, if Tenant notifies Landlord that it desires to enter into a Transfer, Landlord, in lieu of consenting to such Transfer, may elect (x) in the case of an assignment or a sublease of the entire Premises, to terminate this Lease, or (y) in the case of a sublease of less than the entire Premises, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding ; provided, however, Tenant shall have the foregoing, subject right to negate Landlord's approval rights and termination pursuant to the other provisions of this Section 14, 14.7 by giving Landlord shall not have the right to partially terminate this Lease with respect to any sublease whenever written notice of such negation (i"Tenant's Negation Notice") such sublease does not result in Tenant subleasing more than thirty percent (30%) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option or options) is less than fifty percent (50%) of the remaining Term of this Lease, and (iii) the term of any such sublease does not expire within the last three (3) years Business Days after Tenant receives Landlord's notice electing to terminate in lieu of consenting to a Transfer. Upon Tenant's Negation Notice, Tenant shall be deemed to have withdrawn Tenant's request for a Transfer, the Lease shall not be terminated with respect to the proposed Transfer, and the proposed Transferee shall have no right in and to the portion of the Term of this LeasePremises which was included in the proposed Transfer. If Landlord elects to terminate this Lease (whether partially, or in its entirety) Upon any such termination pursuant to the provisions of this Section 14.7, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Operating Costs Share and Tenant's Tax Share under this Lease shall be proportionately reduced) on the earlier of sixty (60) days after the date of Landlord's notice to Tenant making the election set forth in this Section 14.7 or the date the Transfer was proposed to be effective, and Landlord may lease such space to any party, including the prospective Transferee identified by Tenant. Notwithstanding the provisions of this Section 14.7 to the contrary, Landlord recognizes and agrees that upon or after the Commencement Date of this Lease Tenant intends to sublease Building 26, containing approximately 19,475 square feet of rentable area, to another entity. Subject to Landlord's approval rights over the proposed sublease, as provided in Section 14.1 of this Lease, Landlord agrees that Landlord shall not have the right to terminate this Lease with respect to the first sublease entered into by Tenant with another entity for Building 26.

Appears in 1 contract

Samples: Lease Agreement (Perclose Inc)

Landlord’s Right to Space. Notwithstanding any of the above provisions of this Section to the contrary, if Tenant notifies Landlord that it desires to enter into a Transfer, Landlord, in lieu of consenting to such Transfer, may elect (xa) in the case of an assignment or a sublease of the entire Premises, to terminate this Lease, or (yb) in the case of a sublease of less than the entire Premises, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding the foregoing, subject to Landlord's approval rights and the other provisions of this Section 14, Landlord shall not have the right to partially terminate this Lease with respect to any sublease whenever (i) In such sublease does not result in Tenant subleasing more than thirty percent (30%) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option or options) is less than fifty percent (50%) of the remaining Term of this Lease, and (iii) the term of any such sublease does not expire within the last three (3) years of the Term of this Lease. If Landlord elects to terminate this Lease (whether partially, or in its entirety) pursuant to the provisions of this Section 14.7event, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Operating Costs Share and Tenant's Tax ’s Share under this Lease shall be proportionately reduced) on the earlier of sixty (60x) ninety (90) days after the date of Landlord's ’s notice to Tenant making the election set forth in this Section 14.7 14.7, or (y) the date the Transfer was proposed to be effective, if such date is specified in Tenant’s notice to Landlord regarding the proposed Transfer, and Landlord may lease such space to any party, including the prospective Transferee identified by Tenant. Notwithstanding the provisions of this Section 14.7 to the contrary, if (i) Tenant proposes to sublease a portion of the Premises, and (ii) Landlord elects to terminate this Lease with respect to the space Tenant proposes to sublease, then Tenant shall have the right to rescind (a “Rescission”) any such termination by Landlord only with respect to any sublease which cumulatively, whether through one (1) or more subleases, does not result in Tenant subleasing, in the aggregate, more than seventy-five percent (75%) of the rentable area in the Premises. Any Rescission shall be effective, if at all, only by Tenant giving Landlord written notice (“Tenant’s Rescission Notice”) within five (5) Business Days following Landlord’s written notice of termination pursuant to the provisions of this Section 14.7. Upon Tenant giving Tenant’s Rescission Notice, (iii) this Lease shall remain in full force and effect in accordance with the provisions contained herein, and (iv) Tenant shall be deemed to have withdrawn the request for consent to a sublease, and the proposed sublease which was the basis for Landlord’s termination under the provisions of this Section 14.7 shall be void, and of no force and effect. Tenant shall not have the right to rescind Landlord’s termination of a sublease which cumulatively would result in Tenant subleasing more than seventy-five percent (75%) of the rentable area in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Ditech Networks Inc)

Landlord’s Right to Space. Notwithstanding any of the above ------------------------- provisions of this Section to the contrary, if Tenant notifies Landlord that it desires to enter into a Transfer, Landlord, in lieu of consenting to such Transfer, may elect (x) in the case of an assignment or a sublease of the entire Premises, to terminate this Lease, or (y) in the case of a sublease of less than the entire Premises, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. Notwithstanding the foregoing, subject to Landlord's approval rights and the other provisions of this Section 14, Landlord shall not have the right to partially terminate this Lease with respect to any sublease whenever (i) In such sublease does not result in Tenant subleasing more than thirty percent (30%) of the rentable square feet in the Premises at any given time, and (ii) after the commencement date of any sublease, the term of any such sublease (including any renewal option or options) is less than fifty percent (50%) of the remaining Term of this Lease, and (iii) the term of any such sublease does not expire within the last three (3) years of the Term of this Lease. If Landlord elects to terminate this Lease (whether partially, or in its entirety) pursuant to the provisions of this Section 14.7event, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Operating Costs Share and Tenant's Tax Share under this Lease shall be proportionately reduced) on the earlier of sixty (60) days after the date of Landlord's notice to Tenant making the election set forth in this Section 14.7 or the date the Transfer was proposed to be effective, and Landlord may lease such space to any party, including the prospective Transferee identified by Tenant. Landlord acknowledges that within twelve (12) months following the Commencement Date Tenant intends to sublease up to 15,000 rentable square feet on the ground floor of the Premises, and, notwithstanding the provisions of this Section 14.7 to the contrary, Landlord shall not have the right to terminate this Lease as it relates to Tenant subleasing up to 15,000 rentable square feet on the ground floor of the Premises during the initial twelve (12) months following the Commencement Date. Notwithstanding the provisions of this Section 14.7 to the contrary, if(i) Tenant proposes to assign this Lease, or to sublease all or a portion of the Premises, and (ii) Landlord notifies Tenant that Landlord elects to terminate this Lease due to such proposed assignment, or Landlord elects to terminate this Lease with respect to the space Tenant proposes to sublease, then Tenant shall have the right to rescind any such termination by Landlord by giving Landlord written notice ("Tenant's Rescission Notice") only within five (5) Business Days following Landlord's written notice of termination pursuant to the provisions of this Section 14.

Appears in 1 contract

Samples: Sublease (Clarent Corp/Ca)

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