Common use of Recapture of Premises Clause in Contracts

Recapture of Premises. Xxxxxx's request for Xxxxxxxx's consent to the assigning this Lease or subletting all or any part of the Premises shall contain an offer to Landlord to recapture, at the then square foot rental rate or the rental Tenant proposes to obtain, whichever is lower, all or such part of the Premises which Tenant proposes to assign or sublet. Upon receipt of such offer, Landlord shall have the option, to be exercised within sixty (60) days following receipt, to accept the Tenant's offer to permit Landlord to recapture. If accepted, Xxxxxx shall execute an assignment of the Lease or a sublease to Landlord in a form acceptable to Landlord, with Landlord having the right to sublease or subrent to others. In such event, Tenant shall not be relieved of its liability under this Lease. If Landlord exercises its option to recapture and the assignment or sublease from Tenant provides for a rental rate equal to the rental rate in effect as of the date the option is exercised, Tenant shall be released of all further liability under this Lease, as of the effective date of the assignment or sublease, with respect to that portion of the Premises subject to the assignment or sublease.

Appears in 2 contracts

Samples: Lease Agreement (Metro Information Services Inc), Lease Agreement (Metro Information Services Inc)

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Recapture of Premises. XxxxxxTenant's request for XxxxxxxxLandlord's consent to the assigning assign this Lease or subletting sublet all or any part of the Premises shall contain constitute an offer to Landlord to recapture, at the then square foot rental rate or the rental Tenant proposes to obtain, whichever is lower, recapture all or such part of the Premises which Tenant proposes to assign or sublet, at the then rental rate under the Lease or the rental Tenant proposes to obtain, whichever is lower. Upon receipt of such offer, Landlord shall have the optionoption to accept the offer to recapture, to be exercised within sixty ten (6010) days following receipt, to accept the Tenant's offer to permit Landlord to recapture. If accepted, Xxxxxx Tenant shall execute an assignment of the Lease or a sublease to Landlord in a form acceptable to Landlord, with Landlord having the right to sublease or subrent to others. In such event, Tenant shall not be relieved of its liability under this Leaseincluding Tenant's proposed sublessee. If Landlord exercises its option to recapture and the assignment all or sublease from Tenant provides for a rental rate equal to the rental rate in effect as such part of the date the option is exercisedPremises, Tenant shall be released of all from further liability under this Lease, Lease for such portion of the Premises as of the effective date of the assignment or sublease, with respect . Landlord's failure to that portion of the Premises subject accept such offer to recapture shall not be construed as Landlord's consent to the proposed assignment or sublease.

Appears in 1 contract

Samples: Lease Agreement (Woodroast Systems Inc)

Recapture of Premises. Xxxxxx's Tenant’s request for Xxxxxxxx's Landlord’s consent to the assigning assignment of this Lease or subletting all or any part of the Premises (other than to a subtenant that is part of the Vibrant Spaces Selden Market Program) shall contain an offer a right of first refusal to Landlord to recapture, at the then square foot rental rate or the rental Tenant proposes to obtain, whichever is lower, all or such part of the Premises which Tenant proposes to assign or sublet. Upon receipt of such offer, Landlord shall have the option, to be exercised within sixty thirty (6030) days following receipt, to accept the Tenant's ’s offer to permit Landlord to recapture. If accepted, Xxxxxx Tenant shall execute an assignment of the Lease or a sublease to Landlord in a form acceptable to Landlord, with Landlord having the right to sublease or subrent to others. In such event, Tenant shall not be relieved of its liability under this Lease. If Landlord exercises its option to recapture and the assignment or sublease from Tenant provides for a rental rate equal to the rental rate in effect as of the date the option is exercised, Tenant shall be released of all further liability under this Lease, as of the effective date of the assignment or sublease, with respect to that portion of the Premises subject to the assignment or sublease.

Appears in 1 contract

Samples: Lease Agreement

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Recapture of Premises. Xxxxxx's Tenant’s request for Xxxxxxxx's of Landlord’s consent to the assigning assign this Lease or subletting sublet all or any part of the Premises shall contain an offer to Landlord to recapture, at the then square foot rental rate or the rental Tenant proposes to obtain, whichever is the lower, all or such any part of the Premises which Tenant proposes to assign or sublet. Upon receipt of such offer, Landlord shall have the option, to be exercised within sixty (60) days following receipt, to require Tenant to accept the Tenant's offer to permit Landlord to recapture. If accepted, Xxxxxx Tenant shall execute an assignment of the Lease or a sublease to Landlord in a form acceptable to Landlord, Landlord with Landlord having the right to sublease or subrent to others. In such event, Tenant shall not be relieved of its liability under this Lease. If Landlord exercises its option to recapture and the assignment or sublease from Tenant provides for a rental rate equal to the rental rate in effect as of the date the option is exercised, Tenant shall be released of all further liability under this Lease, as of the effective date of the assignment or sublease, with respect to that portion of the Premises subject to the assignment or sublease. If Landlord does not exercise its option within the sixty (60) day period, and consents in writing to Tenant’s request to assign or sublease, Tenant may assign or sublease within ninety (90) days from the date of Tenant’s request at a rental no less than the rental offered to Landlord in the request.

Appears in 1 contract

Samples: Lease Agreement (Presto Food & Beverage Inc)

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