Recapture Rights. 1. If at any time during the Term of this Sublease, Subtenant desires to sub-sublease all or a portion of the Premises consisting of one floor or more in a Building (the "Proposed Sub-Sublease Space") to an entity other than a Subtenant Affiliate as defined in Section 18F, Subtenant shall notify Sublandlord of its intention ("Subtenant's Notice"), including proposed terms and conditions for such sub-sublease if such Subtenant's Notice is given pursuant to Section 18E.3 of this Sublease.
2. If such proposed sub-sublease is for substantially the balance of the term of this Sublease and Subtenant has not entered into a direct lease with Landlord to take effect upon expiration of this Sublease, Sublandlord shall have seven (7) days after receipt of Subtenant's Notice to notify Subtenant in writing of Sublandlord's election to terminate this Sublease with respect to the Proposed Sub-Sublease Space. If, however, Sublandlord fails to notify Subtenant of Sublandlord's election to terminate this Sublease, Sublandlord shall be deemed to have waived its right to recapture the Proposed Sub-Sublease Space at such time and Subtenant shall have the right to lease the Proposed Sub-Sublease Space to the third party without further notice to Sublandlord. For purposes of this section, for "substantially the balance of the term of this Sublease" shall mean that less than six (6) months remain of the term of the Sublease after expiration of the sub-sublease. If Sublandlord terminates the Sublease with respect to any portion of the Premises pursuant to this section, Sublandlord and Subtenant shall enter into an amendment to this Sublease to equitably allocate maintenance, parking, and other rights and responsibilities based upon a lease of a "multi-tenant" building.
3. If Subtenant has not entered into a direct lease with Landlord to take effect upon expiration of this Sublease and the proposed sub-sublease is not for substantially the balance of the term of this Sublease, Sublandlord shall have seven (7) days after receipt of Subtenant's Notice to notify Subtenant in writing of Sublandlord's election to lease the Proposed Sub-Sublease Space on the terms stated in Subtenant's Notice. If Sublandlord notifies Subtenant within such seven-day period of Sublandlord's desire to lease the Proposed Sub-Sublease Space, Subtenant and Sublandlord shall enter into a lease on the proposed terms an conditions stated in Subtenant's Notice. If, however, Sublandlord fails to notify Subtenant of...
Recapture Rights. If a tenant "goes dark" for a set period of time defined in the lease, the landlord may be entitled to terminate the lease and recapture the premises. This right may require additional landlord notice and payment of a fee, and might be limited by its terms during the occurrence of a force majeure event. Exclusive Use: If a lease has granted the tenant the right to an "exclusive" for the use of a particular product or service, such right (and the corresponding restriction on the landlord from leasing to another tenant for any use in violation thereof) may be conditioned upon the tenant's continuous active operations in the space as well as the tenant not being in default under the terms of the lease. If a tenant fails to continuously operate, such failure may open a window of time during which the landlord may agree to lease to other tenants for an otherwise restricted use, or terminate the lease and recapture the space of the violating tenant so that the landlord can lease to another tenant for an increased rent. Although it's not likely that many new leases are being signed at this time, tenants and landlords should be well aware of these provisions and should be well versed in the lease terms under which an exclusive may be forfeited. Co- Tenancy Rights/Remedies: Certain leases may grant tenants the right to terminate the lease or reduce rent if the occupancy of a shopping center or retail development falls below a certain occupancy threshold. The rights of the tenant may include rent abatement, reduced hours or even the right to terminate. The impact the coronavirus may have on co-tenancy rights will depend on how the occupancy thresholds are defined and what protections the landlord may have in instances of force majeure events. Rights of Renewal, Expansion, First Offer, Termination: Many leases will condition additional tenant rights such as the right to exercise an option to extend the term, or the right to change the use of the space, on the condition that the tenant is open and operating and will continue to be open for a set period of time in all of (or some defined lesser part of) the premises, or not be in default under the lease. Operating Covenants and Failure to Open: Many retail leases contain a covenant requiring the tenant to continuously operate its business from the premises for the duration of the lease or for a minimum time period and during certain specific hours. This covenant may also require that, while open, the tenant must be ful...
Recapture Rights. Ceding Company shall not have any right to recapture the Reinsured Liabilities, provided, however, that Ceding Company shall have the right to recapture all but not less than all of the Reinsured Liabilities if a Security Event has occurred during the term of this Agreement and Reinsurer does not establish a Security Trust or post a Letter of Credit or other acceptable security within thirty (30) days following written request by Ceding Company. In no event may Ceding Company recapture anything other than one hundred percent (100%) of the Reinsured Liabilities that are eligible for recapture.
Recapture Rights. PBGC retains whatever rights it has to recapture under ERISA § 4045 any amounts paid to Pension Plan participants (consistent with the terms of the Pension Plan) within the 3 year period prior to the relevant termination date.
Recapture Rights. If at any time after the date on which a Participant has received payment, or becomes vested in the right to receive payment, of an Incentive Plan Award the Committee determines that the earlier determination as to the achievement of a Performance Goal was based on incorrect data and that in fact the Performance Goal had not been achieved or had been achieved to a lesser extent than originally determined and a portion of the Incentive Plan Award would not have been paid or have vested, given the correct data, then (i) any such portion of the Incentive Plan Award for which payment had been received by the Participant shall be paid by the Participant to the Company upon notice from the Company as provided by the Committee and (ii) such portion of the Incentive Plan Award that became vested shall be deemed to be not vested. Additionally, any Incentive Plan Awards granted under the Plan may be subject to reduction, cancellation, forfeiture or recoupment to the extent required by applicable law or listed company rules or to the extent otherwise provided at the time of grant or pursuant to policies that may be established by the Committee from time to time.
Recapture Rights. If Tenant requests Landlord's consent to any assignment of this Lease, any subletting all or substantially all of the Premises, any subletting of all or substantially all of Suite 400 or any subletting of all or substantially all of Suite 300, Landlord will have the right, as provided in Section 9.03(c), to terminate this Lease as to all or such portion of the Premises which is proposed to be sublet or assigned effective as of the date Tenant proposes to sublet or assign all or less than all of the Premises. Landlord's right to terminate this Lease as to less than all of the Premises proposed to be sublet or assigned will not terminate as to any future additional subletting or assignment as a result of Landlord's consent to a subletting of less than all of the Premises or Landlord's failure to exercise its termination right with respect to any subletting or assignment. Landlord will exercise such termination right, if at all, by giving written notice to Tenant within thirty (30) days of receipt by Landlord of the financial responsibility information required by this Article IX. Tenant understands and acknowledges that the option, as provided in this Article IX, to terminate this Lease as to all or such portion of the Premises which is proposed to be sublet or assigned rather than approve the subletting or assignment of all or a portion of the Premises, is a material inducement for Landlord's agreeing to lease the Premises to Tenant upon the terms and conditions herein set forth. In the event of any such termination with respect to less than all of the Premises, the cost of segregating the recaptured space from the balance of the Premises will be paid by Tenant and Tenant's future monetary obligations under this Lease will be reduced proportionately on a square footage basis to correspond to the balance of the Premises which Tenant continues to lease.
Recapture Rights. Notwithstanding anything to the contrary in this ---------------- Subsection contained, except with respect to an Assignment or Subletting provided for by Paragraph (d) below or any Permitted Assignment or Permitted Sublet before Tenant may undertake an Assignment or Subletting, Tenant shall first have offered, in each case without payment of any consideration, wither to terminate this Lease in respect to such portion (or the entity, as the case may be) of the Premises (in the case of a proposed Assignment or Subletting for the period and with respect to the space involved in any other proposed Subletting, as the case may be, and Landlord shall not, within fifteen days after receipt of the offer, have accepted the offer.
Recapture Rights. Landlord shall have no recapture rights under this Section 25.4 if Tenant requests assignment and/or transfer of one-third (") or less of the total square footage of the Building. Following receipt of any Transfer Notice pursuant to which Tenant requests transfer of more than one-third (") of the total square footage of the Building, Landlord may, upon written notice to Tenant, advise Tenant of its intention to terminate this Lease. If Landlord notifies Tenant, Tenant may withdraw its request to transfer the Premises by written notice to Landlord, in which case this Lease shall continue as if no Transfer Notice was delivered to Landlord. If Tenant does not withdraw its transfer request by written notice to Landlord with seven (7) days after receipt of Landlord's election to terminate this Lease, Landlord may, if it elects, enter into a new lease with the intended Transferee or any other person on such Information as Landlord and such person may agree. Tenant shall not be entitled to any portion of the profit, if any, which Landlord may realize on account of such termination and reletting. Landlord's exercise of its aforesaid rights shall not be construed to impose any liability upon Landlord with respect to any real estate brokerage commission(s) or any other costs or expenses incurred by Tenant in connection with its proposed Transfer.
Recapture Rights. As required by RCW 28A.335.040(1), Landlord shall have the right, at any time during the Term, to terminate this Lease and recapture the Premises if Landlord’s Board of Directors determines that the Premises are then required for school purposes (the “Recapture”). In such event, Landlord shall give Tenant not less than twelve (12) months advance written notice of the date on which Landlord shall Recapture the Premises (the “Recapture Date”). On or before the Recapture Date and as a condition to consummation of the Recapture, Landlord shall pay a “Recapture Fee” (herein so called) to Tenant which shall be equal to the greater of:
Recapture Rights. No Lease provision. Subordination / SNDA: Xxxxx is subordinate to all mortgages. Upon request T shall execute a Subordination, Non-disturbance and Attornment Agreement or such additional documents as LL or any Mortgagee may request to confirm such subordination. (Lease, 15.1) Tenant Estoppel Certificate (Days): 10 days (Lease, 15.2) Monetary Default (Cure Period): 7 days (Lease, 14.1) Non-Monetary Default (Cure Period): 20 days (Lease, 14.1) Landlord Notices: ABC, LLC Suite 100 Atlanta, GA 30315 Attn: Xxxxxxxx X Xxxxxxxx (Lease, Summary-1, 16.3) Tenant Notices: DEF, Inc. 000 Xxxxx Xxxxx Xx. Xxxxxxxx, MS 39705 (Lease, Summary-2, 16.3) MISCELLANEOUS Tenant’s Liability Insurance: Comprehensive General Liability Insurance, written on an occurrence basis, to afford protection in such amount as LL may determine and in no event less than five million ($5,000,000.00) dollars combined single limit for personal and bodily injury and death arising therefrom and Broad Form property damage arising out of any one occurrence. (Lease, 11.2)
