Common use of Right of Recapture Clause in Contracts

Right of Recapture. In addition to and without limitation upon, the ------------------ other rights of Lessor in the event of a proposed Transfer by Lessee pursuant to this Article 13, in the event of a proposed Transfer by Lessee, Lessor may elect (by written notice delivered to Lessee within thirty (30) days following Lessee's submission to Lessor of all information required pursuant to subsection 13.d. above) to terminate this Lease effective as of the date Lessee proposes to enter into such Transfer (or in the case of a proposed Transfer of less than all of the Premises, terminate this Lease as to the portion of the Premises proposed to be Transferred as of the date of such proposed Transfer); provided that Lessee shall have the right to nullify such an election to terminate by Lessor pursuant hereto by withdrawing such request for a proposed Transfer within fifteen (15) days following Lessee's receipt of such termination notice from Lessor. Except as expressly provided in the immediately preceding sentence, nothing contained in this Article shall be deemed to nullify Lessor's right to elect to terminate this Lease in accordance with this subsection 13.g. including, but not limited to, Lessor's failure to exercise the right to terminate this Lease with respect to any previous Transfer. Further, Lessee understands and acknowledges that Lessor's option to terminate this Lease rather than approve a proposed Transfer is a material inducement for Lessor's agreeing to lease the Premises to Lessee upon the terms and conditions herein set forth and is deemed a reasonable limitation upon Lessee's right to enter into a Transfer.

Right of Recapture. In addition to and without limitation upon, the ------------------ other rights of Lessor in the event of a proposed Transfer by Lessee pursuant to this Article 13, in the event of a proposed Transfer by LesseeLessee of more than fifty percent (50%) of the Premises for substantially all of the remaining Term of the Lease, (other than a Permitted Transfer), Lessor may elect (by written notice delivered to Lessee within thirty (30) days following Lessee's ’s submission to Lessor of all information required pursuant to subsection 13.d. above) to terminate this Lease effective as of the date Lessee proposes to enter into such Transfer (or in the case of a proposed Transfer of less than all of the Premises, terminate this Lease as to the portion of the Premises proposed to be Transferred as of the date of such proposed Transfer); provided that Lessee shall have the right to nullify such an election to terminate by Lessor pursuant hereto by withdrawing such request for a proposed Transfer within fifteen (15) days following Lessee's receipt of such termination notice from Lessor. Except as expressly provided in the immediately preceding sentence, nothing Nothing contained in this Article shall be deemed to nullify Lessor's ’s right to elect to terminate this Lease in accordance with this subsection 13.g. including, but not limited to, Lessor's ’s failure to exercise the right to terminate this Lease with respect to any previous Transfer. Further, Lessee understands and acknowledges that Lessor's ’s option to terminate this Lease rather than approve a proposed Transfer is a material inducement for Lessor's ’s agreeing to lease the Premises to Lessee upon the terms and conditions herein set forth and is deemed a reasonable limitation upon Lessee's ’s right to enter into a Transfer.

Right of Recapture. In addition to and without limitation upon, the ------------------ other rights of Lessor in the event of a proposed Transfer by Lessee pursuant to this Article 13, in the event of a proposed Transfer by Lessee, Lessor may elect (by written notice delivered to Lessee within thirty (30) days following Lessee's ’s submission to Lessor of all information required pursuant to subsection 13.d. above) to terminate this Lease effective as of the date Lessee proposes to enter into such Transfer (or in the case of a proposed Transfer of less than all of the Premises, terminate this Lease as to the portion of the Premises proposed to be Transferred as of the date of such proposed Transfer); provided that Lessee shall have the right to nullify such an election to terminate by Lessor pursuant hereto by withdrawing such request for a proposed Transfer within fifteen (15) days following Lessee's receipt of such termination notice from Lessor. Except as expressly provided in the immediately preceding sentence, nothing Nothing contained in this Article shall be deemed to nullify Lessor's ’s right to elect to terminate this Lease in accordance with this subsection 13.g. 13.g including, but not limited to, Lessor's ’s failure to exercise the right to terminate this Lease with respect to any previous Transfer. Further, Lessee understands and acknowledges that Lessor's ’s option to terminate this Lease rather than approve a proposed Transfer is a material inducement for Lessor's ’s agreeing to lease the Premises to Lessee upon the terms and conditions herein set forth and is deemed a reasonable limitation upon Lessee's ’s right to enter into a Transfer. Notwithstanding the foregoing provisions of this subsection 13.g, if Lessor elects to exercise its termination right as provided herein, then Lessee shall have the right to rescind Lessee’s proposed Transfer by giving Lessor written notice of such rescission no later than five (5) days after Lessor has given Lessee notice of such termination, in which event no Transfer or termination shall occur and this Lease shall remain in full force and effect with respect to the entire Premises then subject to this Lease as if no such Transfer had been proposed by Lessee.”

Right of Recapture. In addition If Lessee desires to and without limitation uponassign this Lease or ------------------ sublet the Premises in whole or in part, the ------------------ other rights of Lessee shall give Lessor in the event of a proposed Transfer by Lessee pursuant to this Article 13, in the event of a proposed Transfer by Lessee, Lessor may elect (by written notice delivered to Lessee within at least thirty (30) days following prior to the proposed effective date of the assignment or subletting. Lessee's submission to Lessor of all information required pursuant to subsection 13.d. above) to terminate this Lease effective as of the date Lessee proposes to enter into such Transfer (or in the case of a proposed Transfer of less than notice shall include all of the Premises, terminate this Lease as to the portion terms of the Premises proposed to be Transferred as assignment or sublease and shall state the consideration therefor. Lessee's notice shall state the name and address of the date proposed assignee or subtenant and a true and complete copy of the proposed assignee or subtenant and a true and complete copy of the proposed assignment or sublease, shall be delivered to lessor with Lessee's notice. In such proposed Transfer); provided that Lessee event, if Lessor's consent is required for such subleasing or assignment, Lessor shall have the right right, to nullify such an election be exercised by giving notice to terminate by Lessor pursuant hereto by withdrawing such request for a proposed Transfer Lessee within fifteen ten (1510) days following after receipt of Lessee's receipt of notice, to recapture the space described in Lessee's notice and such termination recapture notice from Lessor. Except as expressly provided in the immediately preceding sentenceshall, nothing contained in this Article shall be deemed to nullify Lessor's right to elect to terminate this Lease in accordance with this subsection 13.g. includingif given, but not limited to, Lessor's failure to exercise the right to cancel and terminate this Lease with respect to any previous Transferthe affected space as of the date stated in Lessee's notice. FurtherIf Lessee's proposed assignment or sublease covers all of the Premises, Lessee understands and acknowledges that Lessor's option to terminate Lessor exercise its recapture right, the Term of this Lease rather than approve a shall expire on the date of commencement of the Term of the proposed Transfer is a material inducement for Lessor's agreeing to lease sublease, or on the Premises to Lessee upon effective date of the terms and conditions herein set forth and is deemed a reasonable limitation upon proposed assignment stated in Lessee's right notice as if that date had been fixed for the expiration of the term hereof. If, however, this Lease is canceled with respect to enter into a Transferless than the entire Premises, the Base Rent shall be adjusted on the basis of the number of square feet retained by Lessee in proportion to the number of square feet contained in the Premises, and this Lease as so amended shall continue in full force and effect.

Right of Recapture. In addition to and without limitation upon, the ------------------ other rights of Lessor in the event of a proposed Transfer by Lessee pursuant to this Article 13, in the event of a proposed Transfer by Lessee, Lessor may elect (by written notice delivered to Lessee within thirty (30) days following Lessee's ’s submission to Lessor of all information required pursuant to subsection 13.dl3.d. above) to terminate this Lease effective as of the date Lessee proposes to enter into such Transfer (or in the case of a proposed Transfer of less than all of the Premises, terminate this Lease as to the portion of the Premises proposed to be Transferred as of the date of such proposed Transfer); provided that Lessee shall have the right to nullify such an election to terminate by Lessor pursuant hereto by withdrawing such request for a proposed Transfer within fifteen (15) days following Lessee's receipt of such termination notice from Lessor. Except as expressly provided in the immediately preceding sentence, nothing Nothing contained in this Article shall be deemed to nullify Lessor's ’s right to elect to terminate this Lease in accordance with this subsection 13.gl3.g. including, but not limited to, Lessor's ’s failure to exercise the right to terminate this Lease with respect to any previous Transfer. Further, Lessee understands and acknowledges that Lessor's ’s option to terminate this Lease rather than approve a proposed Transfer is a material inducement for Lessor's ’s agreeing to lease the Premises to Lessee upon the terms and conditions herein set forth and is deemed a reasonable limitation upon Lessee's ’s right to enter into a Transfer.

Right of Recapture. In addition to and without limitation upon, the ------------------ other rights of Lessor in the event of a proposed Transfer by Lessee pursuant to this Article 13, in the event of a proposed Transfer by LesseeLessee (other than a Permitted Sublease), Lessor may elect (by written notice delivered to Lessee within thirty (30) days following Lessee's ’s submission to Lessor of all information required pursuant to subsection 13.d. above) to terminate this Lease effective as of the date Lessee proposes to enter into such Transfer (or in the case of a proposed Transfer of less than all of the Premises, terminate this Lease as to the portion of the Premises proposed to be Transferred as of the date of such proposed Transfer); provided that Lessee shall have the right to nullify such an election to terminate by Lessor pursuant hereto by withdrawing such request for a proposed Transfer within fifteen (15) days following Lessee's receipt of such termination notice from Lessor. Except as expressly provided in the immediately preceding sentence, nothing Nothing contained in this Article shall be deemed to nullify Lessor's ’s right to elect to terminate this Lease in accordance with this subsection 13.g. including, but not limited to, Lessor's ’s failure to exercise the right to terminate this Lease with respect to any previous Transfer. Further, Lessee understands and acknowledges that Lessor's ’s option to terminate this Lease rather than approve a proposed Transfer is a material inducement for Lessor's ’s agreeing to lease the Premises to Lessee upon the terms and conditions herein set forth and is deemed a reasonable limitation upon Lessee's ’s right to enter into a Transfer.

Right of Recapture. In addition to and without limitation upon, the ------------------ other rights of Lessor in the event of a proposed Transfer by Lessee pursuant to this Article 13, in the event of a proposed Transfer by Lessee, Lessor may elect (by written notice delivered to Lessee within thirty (30) days following Lessee's ’s submission to Lessor of all information required pursuant to subsection 13.d. above) to terminate this Lease effective as of the date Lessee proposes to enter into such Transfer (or in the case of a proposed Transfer of less than all of the Premises, terminate this Lease as to the portion of the Premises proposed to be Transferred as of the date of such proposed Transfer); provided that Lessee shall have the right to nullify such an election to terminate by Lessor pursuant hereto by withdrawing such request for a proposed Transfer within fifteen (15) days following Lessee's receipt of such termination notice from Lessor. Except as expressly provided in the immediately preceding sentence, nothing Nothing contained in this Article shall be deemed to nullify Lessor's ’s right to elect to terminate this Lease in accordance with this subsection 13.g. including, but not limited to, Lessor's ’s failure to exercise the right to terminate this Lease with respect to any previous Transfer. Further, Lessee understands and acknowledges that Lessor's ’s option to terminate this Lease rather than approve a proposed Transfer is a material inducement for Lessor's ’s agreeing to lease the Premises to Lessee upon the terms and conditions herein set forth and is deemed a reasonable limitation upon Lessee's ’s right to enter into a Transfer. Notwithstanding the foregoing provisions of this subsection 13.g, (i) if Lessor elects to exercise its termination right as provided herein, then Lessee shall have the right to rescind Lessee’s proposed Transfer by giving Lessor written notice of such rescission no later than five (5) days after Lessor has given Lessee notice of such termination, in which event no Transfer or termination shall occur and this Lease shall remain in full force and effect with respect to the entire Premises then subject to this Lease as if no such Transfer had been proposed by Lessee, and (ii) Lessor shall not exercise its right to terminate this Lease with respect to any proposed sublease, which, when combined with all other then effective sublease(s) of the Premises, would result in less than fifty percent (50%) of the Premises being subject to a sublease for a term that does not extend beyond the twenty-fourth (20) month of the Lease Term, provided, however, that any such proposed sublease shall be subject to all of the other terms and conditions of this Article 13.