Common use of Tenant’s Notice: Landlord’s Right to Terminate Clause in Contracts

Tenant’s Notice: Landlord’s Right to Terminate. Tenant, by notice in writing, shall advise Landlord of its intention from, on and after a stated date (which shall not be less than thirty (30) days after the date of Tenant’s notice) to assign this Lease or sublet any part or all of the Premises for the balance or any part of the Term (the “Assignment/Sublet Notice”), and, in such event, and within ten (10) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by giving written notice to Tenant within thirty (30) days after delivery of the Recapture Response, to recapture the space described in Tenant’s Assignment/Sublet Notice and such recapture notice, if given, shall terminate this Lease with respect to the space therein described as of the date stated in Tenant’s notice. Tenant’s Assignment/Sublet Notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant’s notice covers all of the space hereby demised, and if Landlord gives its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant’s Assignment/Sublet Notice as fully and completely as if that date had been herein definitely fixed for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant’s Notice: Landlord’s Right to Terminate. Tenant, by If the Tenant intends to effect a Transfer the Tenant shall give prior written notice in writing, shall advise to the Landlord of such intent specifying the identity of the Transferee, the type of Transfer contemplated, the part of the Premises affected and the financial and other terms of the Transfer, and shall provide such financial, business or other information relating to the proposed Transferee and its intention fromprincipals as the Landlord or any Mortgagee reasonably requires, on and after a stated date (together with copies of all documents which shall not be less than thirty (30) record the particulars of the proposed Transfer. The Landlord shall, within 30 days after having received such notice, the Transfer Application Fee and all requested information, notify the Tenant either that: (a) it consents or does not consent to the Transfer in accordance with the provisions of this Lease; or (b) it elects to terminate this Lease as to the part of the Premises affected by the proposed Transfer, or as to the whole Lease and Premises if the proposed Transfer affects all of the Premises. If the Landlord elects to terminate this Lease it shall stipulate in its notice the termination date of this Lease, which date shall be the date of possession contemplated under the proposed Transfer (provided that if such date is less than 30 days or more than 90 days following the giving of notice of such election, the Landlord may elect to have the termination date 30 days or 90 days, respectively, following the giving of notice). If the Landlord elects to terminate this Lease, the Tenant may notify the Landlord in writing within ten days following receipt of such notice of the Tenant’s notice) 's intention to assign refrain from such Transfer and, if the Tenant provides such written notice within such time period, then the Landlord's election to terminate this Lease shall become void. If the Tenant fails to deliver such notice within such time period, then this Lease shall, as to the whole or sublet any part or all of the Premises for the balance or any affected part of the Term (Premises, as the “Assignment/Sublet Notice”)case may be, and, in such event, and within ten (10) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by giving written notice to Tenant within thirty (30) days after delivery of the Recapture Response, to recapture the space described in Tenant’s Assignment/Sublet Notice and such recapture notice, if given, shall terminate this Lease with respect to the space therein described as of the date stated in Tenant’s notice. Tenant’s Assignment/Sublet Notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant’s notice covers all of the space hereby demised, and if Landlord gives its recapture notice with respect thereto, the Term of this Lease shall expire terminated on the date stated of termination stipulated by the Landlord in Tenant’s Assignment/Sublet Notice as fully and completely as if that date had been herein definitely fixed for its notice of election to terminate. If the expiration Tenant is required to deliver possession of a part only of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs incurred in connection with the physical subdivision of any portion of the Premisesrendering that part functionally separate and suitable for separate use and occupancy, including partitioning and providing entrances and services.

Tenant’s Notice: Landlord’s Right to Terminate. TenantTenant shall advise Landlord, by notice in writingwritten notice, shall advise Landlord of its intention from, on and after a stated date (which date shall not be less than thirty sixty (3060) days after the date of Tenant’s 's notice) to assign this Lease or to sublet any part or all of the Premises for the balance or of any part of the Term Term. If at any time Tenant sends notice to Landlord of a prospective assignment or a sublease, the effect of which would result in more than fifty percent (the “Assignment/Sublet Notice”), and, in such event, and within ten (1050%) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (rentable square footage of the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails Premises to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4one or more subleases, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by Landlord giving written notice to Tenant within thirty (30) days after delivery receipt by Landlord of the Recapture ResponseTenant's notice, to recapture all of the space Premises (in the case of a proposed assignment) or any part of the Premises described in Tenant’s Assignment/Sublet Notice 's notice (in the case of a proposed sublease) and such recapture notice, if given, shall terminate this Lease with respect to (in the space therein case of a proposed assignment) or that portion of the Premises described in Tenant's notice (in the case of a proposed sublease) as of the date stated in Tenant’s 's notice. Tenant’s Assignment/Sublet Notice 's notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant’s 's notice covers all of the space hereby demised, and if Landlord gives its the aforesaid recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant’s Assignment/Sublet Notice 's notice as fully and completely as if that date had been herein definitely fixed herein for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant’s 's Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant’s Notice: Landlord’s Right to Terminate. Tenant, by notice in writing, shall advise Landlord of its intention from, on and after a stated date (which shall not be less than thirty sixty (3060) days after the date of Tenant’s 's notice) to assign this Lease or sublet any part or all of the Premises for the balance or any part of the Term (the “Assignment/Sublet Notice”)Term, and, in such event, and within ten (10) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by giving written notice to Tenant within thirty (30) days after delivery receipt of the Recapture ResponseTenant's notice, to recapture the space described in Tenant’s Assignment/Sublet Notice 's notice and such recapture notice, if given, shall terminate this Lease with respect to the space therein described as of the date stated in Tenant’s 's notice. Tenant’s Assignment/Sublet Notice 's notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant’s 's notice covers all of the space hereby demised, and if Landlord gives its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant’s Assignment/Sublet Notice 's notice as fully and completely as if that date had been herein definitely fixed for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant’s 's Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant’s Notice: Landlord’s Right to Terminate. Except in the case of an assignment or subletting to a Subsidiary, Tenant, by notice in writing, shall advise Landlord of its intention from, on and after a stated date (which shall not be less than thirty (30) days after the date of Tenant’s 's notice) to assign this Lease or sublet any part or all of the Premises for the balance of or any part of the Term (the “Assignment/Sublet Notice”)Term, and, in such event, and within ten (10) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by giving written notice to Tenant within thirty (30) days after delivery receipt of the Recapture ResponseTenant's notice, to recapture the space described in Tenant’s Assignment/Sublet Notice 's notice and such recapture notice, if given, shall terminate this Lease with respect to the space therein described as of the date stated in Tenant’s 's notice. Tenant’s Assignment/Sublet Notice 's notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee and its experience and ability to operate the Premises for the uses and purposes permitted under this Lease shall be delivered to Landlord with said notice. If Tenant’s 's notice covers all of the space hereby demised, and if Landlord gives its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant’s Assignment/Sublet Notice 's notice as fully and completely as if that date had been herein definitely fixed for the expiration of the Term. If, If however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by TenantTenant of the Premises, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant . Notwithstanding anything contained in this Section 13.3 to the contrary, Landlord shall pay all costs not have the right to recapture the Premises or terminate this Lease in connection with the physical subdivision case of any portion of the Premisesan assignment or subletting to a Subsidiary.

Tenant’s Notice: Landlord’s Right to Terminate. TenantTenant shall, by notice in writing, shall advise Landlord of its intention from, on and after a stated date (which shall not be less than thirty sixty (3060) days after the date of Tenant’s notice) to assign this Lease or sublet any part or all of the Premises for the balance or of any part of the Term (the “Assignment/Sublet Notice”)Term, and, and in such event, and within ten (10) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by giving written notice to Tenant within thirty (30) days after delivery receipt of the Recapture ResponseTenant’s notice, to recapture the space described in Tenant’s Assignment/Sublet Notice notice and such recapture noticenotice shall, if given, shall terminate this Lease with respect to the space therein described as of the date stated in Tenant’s notice. Tenant’s Assignment/Sublet Notice said notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant’s notice covers shall cover all of the space hereby demised, and if Landlord gives its shall give the aforesaid recapture notice with respect thereto, the Term of this Lease shall expire and end on the date stated in Tenant’s Assignment/Sublet Notice notice as fully and completely as if that date had been herein definitely fixed for the expiration of the Term. If, however, this Lease is be terminated pursuant to the foregoing with respect to less than the entire Premises, the Base Rent and Tenant’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; . If Landlord, upon receiving Tenant’s said notice with respect to any such space requiring Landlord’s consent, shall not exercise its right to terminate as aforesaid, Landlord will not unreasonably withhold its consent to Tenant’s assignment of this Lease or subletting the space covered by its notice, as provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the PremisesSection 8.1 above.

Tenant’s Notice: Landlord’s Right to Terminate. Tenant, by notice in writing, shall advise Landlord of its intention from, on and after a stated date (which shall not be less than thirty sixty (3060) days after the date of Tenant’s notice) to assign this Lease or sublet any part or all of the Premises for the balance or any part of the Term (the “Assignment/Sublet Notice”)Term, and, in such event, and within ten (10) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by giving written notice to Tenant within thirty (30) days after delivery receipt of the Recapture ResponseTenant’s notice, to recapture the space described in Tenant’s Assignment/Sublet Notice notice and such recapture notice, if given, shall terminate this Lease with respect to the space therein described as of the date stated in Tenant’s notice. Tenant’s Assignment/Sublet Notice notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. Tenant shall notify Landlord prior to engaging a real estate broker or other real estate consultant in connection with any proposed assignment or sublease, and Landlord shall have the right to approve, in the exercise of reasonable judgment, such real estate broker or other consultant. Any assignment, sublease or encumbrance shall be effected on forms either prepared by Landlord or approved in advance by Landlord, as Landlord may elect. If Tenant’s notice covers all of the space hereby demised, and if Landlord gives its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant’s Assignment/Sublet Notice notice as fully and completely as if that date had been herein definitely fixed for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant’s Notice: Landlord’s Right to Terminate. Tenant, by notice in writing, shall advise Landlord of its intention from, on and after a stated date (which shall not be less than thirty (30) days after the date of Tenant’s 's notice) to assign this Lease or sublet any part or all of the Premises for the balance or any part of the Term (the “Assignment/Sublet Notice”), and, in such event, and within ten (10) business days after Landlord’s receipt shall deliver to Landlord a copy of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Noticeagreement. In the event of such notice from Tenant does not withdraw its Assignment/Sublet Noticefor assignment of all of the Premises or a sublet of more than fifty percent (50%) of the Premises, then Landlord shall have the right, to be exercised by giving written notice to Tenant ("Recapture Notice") within thirty ten (3010) days after delivery receipt of the Recapture ResponseTenant's notice, to recapture all of the Premises if an assignment or such sublease space described in Tenant’s Assignment/Sublet Notice if a sublet of more than fifty percent (50%) of the Premises and such recapture notice, if given, shall terminate this Lease (a) in its entirety and except for obligations of Tenant hereunder intended to survive a termination of this Lease, with no further obligations of Tenant to Landlord hereunder if an assignment of this Lease, (b) or with respect to the space therein described as to a sublet of more than fifty percent (50%) of the Premises, except for obligations of Tenant hereunder intended to survive a termination of this Lease with respect to the sublease portion of the Premises recaptured by Landlord and all obligations of Tenant with respect to the balance of the Premises not recaptured by Landlord as of the date stated in Tenant’s 's notice, provided, however, in the event Tenant notifies Landlord within five (5) business days of receipt of Landlord's Recapture Notice of Tenant's withdrawal of its request to sublease or assign the Premises ("Withdrawal Notice"), Landlord's Recapture Notice shall be of no further force and effect, Tenant shall not have the right to so sublease or assign the requested interest in the Premises and this Lease shall remain in full force and effect. Tenant’s Assignment/Sublet Notice 's notice shall state the name and address of the proposed subtenant or assignee, and contain a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant’s 's notice covers all of the space hereby demised, and if Landlord gives its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant’s Assignment/Sublet Notice 's notice as fully and completely as if that date had been herein definitely fixed for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant’s 's Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant’s Notice: Landlord’s Right to Terminate. Tenant, by notice in writing, If the Tenant intends to effect a Transfer the Tenant shall advise give prior Notice to the Landlord of such intent specifying the identity of the Transferee, the type of Transfer contemplated, the part of the Premises affected and the financial and other terms of the Transfer, and shall provide such financial, business or other information relating to the proposed Transferee and its intention fromprincipals as the Landlord or any Mortgagee reasonably requires, on and after a stated date (together with copies of all documents which shall not be less than thirty (30) record the particulars of the proposed Transfer. The Landlord shall, within 15 days after having received such Notice and all requested information, notify the Tenant either that: (a) it consents or does not consent to the Transfer in accordance with the provisions of this Lease; or (b) it elects to terminate this Lease as to the part of the Premises affected by the proposed Transfer, or as to the whole Lease and Premises if the proposed Transfer affects all of the Premises. If the Landlord elects to terminate this Lease it shall stipulate in its Notice the termination date of this Lease, which date shall be the date of possession contemplated under the proposed Transfer (provided that if such date is less than 30 days following the giving of Notice of such election, the Landlord may elect to have the termination date 30 days following the giving of Notice). If the Landlord elects to terminate this Lease, the Tenant may notify the Landlord within ten days following receipt of such Notice of the Tenant’s notice) intention to assign refrain from such Transfer and, if the Tenant provides such Notice within such time period, then the Landlord’s election to terminate this Lease shall become void. If the Tenant fails to deliver such Notice within such time period, then this Lease shall, as to the whole or sublet any part or all of the Premises for the balance or any affected part of the Term (Premises, as the “Assignment/Sublet Notice”)case may be, and, in such event, and within ten (10) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by giving written notice to Tenant within thirty (30) days after delivery of the Recapture Response, to recapture the space described in Tenant’s Assignment/Sublet Notice and such recapture notice, if given, shall terminate this Lease with respect to the space therein described as of the date stated in Tenant’s notice. Tenant’s Assignment/Sublet Notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant’s notice covers all of the space hereby demised, and if Landlord gives its recapture notice with respect thereto, the Term of this Lease shall expire terminated on the date stated of termination stipulated by the Landlord in Tenant’s Assignment/Sublet its Notice as fully and completely as if that date had been herein definitely fixed for of election to terminate. If the expiration Tenant is required to deliver possession of a part only of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs incurred in connection with the physical subdivision of any portion of the Premisesrendering that part functionally separate and suitable for separate use and occupancy, including partitioning and providing entrances and services.

Tenant’s Notice: Landlord’s Right to Terminate. Tenant, by notice in writing, shall advise Landlord of its intention from, on and after a stated date (which shall not be less than thirty (30) days after the date of Tenant’s 's notice) to assign this Lease or sublet any part or all of the Premises for the balance or any part of the Term (the “Assignment/Sublet Notice”)Term, and, in such event, and within ten (10) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by giving written notice to Tenant within thirty fifteen (3015) days after delivery receipt of the Recapture ResponseTenant's notice, to recapture the space described in Tenant’s Assignment/Sublet Notice 's notice and such recapture notice, if given, shall terminate this Lease with respect to the space therein described as of the date stated in Tenant’s 's notice. Tenant’s Assignment/Sublet Notice 's notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant’s 's notice covers all of the space hereby demised, and if Landlord gives its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant’s Assignment/Sublet Notice 's notice as fully and completely as if that date had been herein definitely fixed for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant’s 's Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant’s Notice: Landlord’s Right to Terminate. TenantTenant shall, ---------------------------------------------- by notice in writing, shall advise Landlord of its intention from, on and after a stated date (which shall not be less than thirty sixty (3060) days after the date of Tenant’s 's notice) to assign this Lease or sublet any part or all of the Premises for the balance or of any part of the Term (the “Assignment/Sublet Notice”)Term, and, in such event, and within ten (10) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by giving written notice to Tenant within thirty (30) days after delivery receipt of the Recapture ResponseTenant's notice, to recapture the space described in Tenant’s Assignment/Sublet Notice 's notice, and such recapture noticenotice shall, if given, shall terminate this Lease with respect to the space therein described as of the date stated in Tenant’s 's notice. Tenant’s Assignment/Sublet Notice 's said notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant’s 's notice covers shall cover all of the space hereby demised, and if Landlord gives its shall give the aforesaid recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant’s Assignment/Sublet Notice 's notice as fully and completely as if that date had been herein definitely fixed for the expiration of the Term. If, however, this Lease is shall be terminated pursuant to the foregoing with respect to less than the entire Premises, Base the Basic Rent and Tenant’s Proportionate Share as defined herein 's share of taxes and all other expenses relating to the maintenance and operation of the Premises shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease Lease, as so amended amended, shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.. This

Tenant’s Notice: Landlord’s Right to Terminate. Tenant, by notice in writing, shall advise Landlord of its intention from, on and after a stated date (which shall not be less than thirty sixty (3060) days after the date of Tenant’s notice) to assign this Lease or sublet any part or all of the Premises for the balance or any part of the Term (the “Assignment/Sublet Notice”)Term, and, in such event, and within ten (10) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by giving written notice to Tenant within thirty (30) days after delivery receipt of the Recapture ResponseTenant’s notice, to recapture the space described in Tenant’s Assignment/Sublet Notice notice and such recapture notice, if given, shall terminate this Lease with respect to the space therein described as of the date stated in Tenant’s notice. Tenant’s Assignment/Sublet Notice notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant’s notice covers all of the space hereby demised, and if Landlord gives its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant’s Assignment/Sublet Notice notice as fully and completely as if that date had been herein definitely fixed for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant’s Notice: Landlord’s Right to Terminate. Tenant, by notice in writing, shall advise Landlord of its intention from, on and after a stated date (which shall not be less than thirty (30) days after the date of Tenant’s notice) to assign this Lease or sublet all or any part portion of the Premises. If Tenant intends to assign this Lease or sublease all or any portion of the Premises for the balance or any part Substantially the Balance of the Term (the “Assignment/Sublet Notice”as hereinafter defined), and, and in such eventthe event any proposed assignee or sublessee is not an entity to whom Tenant has the right to assign the Lease or sublet the Premises without Landlord’s consent pursuant to Section 13.05 below, and within ten if the transaction is a proposed sublet, and in conjunction with any other previous sublet consented to by Landlord, such proposed sublet in the aggregate exceeds twenty-five percent (1025%) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether Premises or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right event of recapture with respect to such proposed assignment or sublet, provided however that such assignment or sublet shall be subject to the other provisions an Assignment of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4Lease, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the rightone-time right as to the transaction in question, to be exercised by giving written notice to Tenant (“Recapture Notice”) within thirty five (305) business days after delivery receipt of the Recapture ResponseTenant’s notice, to recapture the space described in Tenant’s Assignment/Sublet Notice notice and such recapture noticethe Recapture Notice, if given, shall terminate this Lease with respect to the space therein described as of the date stated in Tenant’s notice. , provided, however, in the event Tenant notifies Landlord within five (5) business days of receipt of the Recapture Notice of Tenant’s Assignment/Sublet withdrawal of its request to sublease or assign the Premises (“Withdrawal Notice”), the Recapture Notice shall be of no further force and effect, Tenant shall not have the right to so sublease or assign the requested interest in the Premises and this Lease shall remain in full force and effect. In the event Tenant intends to sublease all or part of the Premises or assign this Lease to a third party, Tenant’s notice shall state the name and address of the proposed subtenant or assignee, and contain a true and complete copy of the proposed sublease or assignment and contain sufficient information to permit Landlord to determine the financial responsibility and character business of the proposed subtenant or assignee shall be delivered to Landlord with said noticeassignee. If Tenant’s notice covers all of the space hereby demised, and if Landlord gives its recapture notice the Recapture Notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant’s Assignment/Sublet Notice notice as fully and completely as if that date had been herein definitely fixed for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.. For purposes of this Section 13.04, the term “Substantially the Balance of