Potential Give Back Premises Sample Clauses

Potential Give Back Premises. (A) Tenant shall have the right to surrender the Potential Give Back Premises and have the same eliminated from the Premises effective May 31, 2009, by giving written notice (“Give Back Notice”) to Landlord on or before May 31, 2008. If Tenant fails timely to give such notice, Tenant may not thereafter so surrender the Potential Give Back Premises, and the same shall remain part of the Premises under this Lease for the entire Lease Term. (B) If Tenant shall timely give Landlord the Give Back Notice, Tenant must surrender the Potential Give Back Premises to Landlord on or before May 31, 2009 on the same terms and conditions as will apply to the remainder of the Premises upon the expiration or earlier termination of the Lease Term. Failure to timely so surrender the Potential Give Back Premises shall constitute an Event of Default under this Lease, without the right to any notice of default or cure period. Without limitation of any rights or remedies that Landlord may have under this Lease, at law or in equity, in connection with Tenant’s failure to timely surrender the Potential Give Back Premises, Landlord may consider Tenant’s continued occupancy thereof as a tenancy at sufferance, and impose use and occupancy charges with respect to the Potential Give Back Premises pursuant to the terms and conditions of Section 16.18 of this Lease.