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 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 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 two-thirds (2/3rds) or more of the Premises, 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 of two-thirds (2/3rds) or more of the Premises 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 such 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 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. 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.

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.