Common use of Right of Termination or Recapture Clause in Contracts

Right of Termination or Recapture. If Tenant requests Landlord’s consent to a Transfer (excepting a Related Party Transfer, as hereinafter defined) of all or a portion of the Premises, Landlord shall have the option, exercisable by written notice to Tenant given within thirty (30) days after Landlord’s receipt of Tenant’s completed request, to terminate this Lease as of the date specified in such notice, which shall not be less than thirty (30) nor more than one hundred twenty (120) days after the date of such notice, as to the entire Premises in the case of a proposed Transfer of the whole Premises, and as to the portion of the Premises to be transferred in the case of a partial Transfer. In the event of termination in respect of a portion of the Premises, the portion so eliminated shall be delivered to Landlord on the date specified in good order and condition in the manner required under this Lease at the end of the Term and thereafter, to the extent necessary in Landlord’s judgment, Landlord, at Tenant’s cost and expense, may have access to and may make modification to the Premises (or portion thereof) so as to make such portion a self-contained rental unit with access to common areas, elevators and the like. Base Rent and the Tenant’s share shall be adjusted according to the extent of the rentable square footage of the Premises for which the Lease is terminated. If Landlord does exercise its right to terminate this Lease or recapture the portion of the Premises pursuant to this Section 13.03, Tenant may rescind its request for consent to Transfer within three (3) business days and, in such case, Landlord’s recapture shall be null and void and this Lease shall continue in full force and effect. If Landlord does not exercise its right to terminate this Lease or recapture the portion of the Premises pursuant to this Section 13.03, then Landlord, subject to the provisions of Section 13.02, will not unreasonably withhold, condition or delay its consent to the proposed Transfer.

Right of Termination or Recapture. If Tenant requests Landlord’s consent to a Transfer (excepting a Related Party Transfer), as hereinafter defined) an assignment of this Lease or a sublet of all or a portion substantially all of the PremisesPremises for all or substantially all of the Term, Landlord shall have the option, exercisable by written notice to Tenant given within thirty twenty (3020) days after Landlord’s receipt of Tenant’s Tenant5s completed request, to terminate this Lease as of the date specified set forth by Landlord in such notice, which shall not termination date must be less no earlier than, and no later than thirty (30) nor more than one hundred twenty (120) days after after, the proposed effective date of such noticerequested assignment or subletting, as to the entire Premises in the case of a proposed Transfer of the whole Premises, and as to the portion of the Premises to be transferred in the case of a partial Transfer. In the event of termination in respect of a portion of the Premises, the portion so eliminated shall be delivered to Landlord on the date specified in good order and condition in the manner required under this Lease at the end of the Term and thereafter, to the extent necessary in Landlord’s judgment, Landlord, at Tenant’s cost and expense, may have access to and may make modification to the Premises (or portion thereof) so as to make such portion a self-contained rental unit with access to common areas, elevators and the like. Base Rent and the Tenant’s share shall be adjusted according to the extent of the rentable square footage of the Premises for which the Lease is terminated. If Landlord does exercise its right to terminate this Lease or recapture the portion of the Premises pursuant to this Section 13.03, Tenant may rescind its request for consent to Transfer within three (3) business days and, in such case, Landlord’s recapture shall be null and void and this Lease shall continue in full force and effect. If Landlord does not exercise its right to terminate this Lease or recapture the portion of the Premises pursuant to this Section 13.03, then Landlord, subject to the provisions of Section 13.02, will not unreasonably withhold, condition or delay its consent to the proposed Transfer.

Right of Termination or Recapture. If Tenant requests Landlord’s Notwithstanding anything herein to the contrary, in addition to withholding or granting consent with respect to a Transfer (excepting a Related Party any proposed Transfer, as hereinafter defined) of all or a portion of the Premises, Landlord shall have the optionright, exercisable to be exercised by written notice to Tenant given (a “Recapture Notice”) within thirty (30) days after Landlord’s receipt of Tenant’s completed requesta Transfer Request (as defined in Section 8.4 below), to terminate this Lease (in the event of a proposed assignment) or recapture that portion of the Premises to be subleased (in the event of a proposed sublease of more than 25% of the Premises, or that would cause the aggregate amount of subleased space at the Premises to exceed 25% of the Premises). Tenant may, within five (5) business days of receipt of any Recapture Notice, rescind the applicable Transfer Request by written notice thereof to Landlord. If Landlord exercises its rights under this Section 8.3 and Tenant does not so rescind its Transfer Request, then (a) in the case of a proposed assignment, this Lease shall terminate as of the date specified in such notice, (the “Recapture Date”) which shall not be less than thirty is the later of (30i) nor more than one hundred twenty sixty (12060) days after the date of Landlord’s Recapture Notice, and (ii) the proposed effective date of such noticeTransfer, as to if such date were the entire Premises last day of the Lease Term, and (b) in the case of a proposed Transfer sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the whole PremisesRecapture Date, and as thereafter all Base Rent and Additional Rent shall be appropriately prorated to reflect the portion reduction of the Premises to be transferred in the case of a partial Transfer. In the event of termination in respect of a portion as of the Premises, the portion so eliminated shall be delivered to Landlord on the date specified in good order and condition in the manner required under this Lease at the end of the Term and thereafter, to the extent necessary in Landlord’s judgment, Landlord, at Tenant’s cost and expense, may have access to and may make modification to the Premises (or portion thereof) so as to make such portion a self-contained rental unit with access to common areas, elevators and the like. Base Rent and the Tenant’s share shall be adjusted according to the extent of the rentable square footage of the Premises for which the Lease is terminated. If Landlord does exercise its right to terminate this Lease or recapture the portion of the Premises pursuant to this Section 13.03, Tenant may rescind its request for consent to Transfer within three (3) business days and, in such case, Landlord’s recapture shall be null and void and this Lease shall continue in full force and effect. If Landlord does not exercise its right to terminate this Lease or recapture the portion of the Premises pursuant to this Section 13.03, then Landlord, subject to the provisions of Section 13.02, will not unreasonably withhold, condition or delay its consent to the proposed TransferRecapture Date.

Right of Termination or Recapture. If Except for Permitted Transfers and the sharing of undemised occupancy as aforesaid, if Tenant requests Landlord’s consent wishes to a Transfer (excepting a Related Party Transfer, as hereinafter defined) of assign this Lease or sublease all or part of the Premises for a term that will expire within the last twelve (12) months of the Term then in effect, Tenant shall give written notice of such proposal, setting forth the portion of the Premises, Premises subject to the transfer and the term of the proposed transfer. Landlord shall have the optionright to elect in writing, exercisable by written notice to Tenant given within thirty (30) days after Landlord’s receipt of Tenant’s completed requestsuch offer, to terminate this Lease as of the date specified in such noticeLease, which shall not be less than thirty (30) nor more than one hundred twenty (120) days after the date of such notice, as to the entire Premises or in the case of a proposed Transfer of the whole Premisessublease, and as with respect to the portion of the Premises to be transferred subleased. If Landlord shall so elect, this Lease shall terminate as to the area in question as of the case date specified in such offer, and all of a partial Transferthe provisions of this Lease governing termination shall apply to such space. In If Landlord shall not so elect, Tenant shall then be free to assign the event of termination in respect of a Lease or sublease such portion of the Premises, the portion so eliminated shall be delivered subject to Landlord on the date specified in good order and condition in the manner required under this Lease at the end of the Term and thereafter, to the extent necessary in Landlord’s judgment, Landlord, at Tenant’s cost and expense, may prior consent as provided in this Article VI. If Tenant shall not have access to and may make modification to the Premises (or portion thereof) so as to make transferred such portion a self-contained rental unit with access to common areas, elevators and the like. Base Rent and the Tenant’s share shall be adjusted according to the extent of the rentable square footage of the Premises for which within twelve (12) months after the Lease is terminated. If Landlord does exercise its right date of Tenant’s notice to terminate this Lease Landlord, or recapture if Tenant shall revise the portion of the Premises pursuant to this Section 13.03be sublet, then Tenant may rescind its request for consent to Transfer within three (3) business days and, in shall again offer such case, Landlord’s recapture shall be null and void and this Lease shall continue in full force and effect. If Landlord does not exercise its right to terminate this Lease or recapture the portion of the Premises pursuant to Landlord as required under this Section 6.2. If the Lease will be terminated with respect to less than the entire Premises, Landlord and Tenant agree to enter into an amendment to this Section 13.03, then Landlord, subject Lease memorializing such partial termination and the amendment to the provisions applicable defined terms hereunder, including, without limitation, Tenant’s Rentable Floor Area, Annual Base Rent, but failure of Section 13.02the parties to execute such an amendment shall have no effect on the effectiveness of the termination, will not unreasonably withhold, condition or delay its consent to and the proposed Transfereconomic terms associated therewith.