Common use of Tenant’s Termination Option Clause in Contracts

Tenant’s Termination Option. Simultaneously with the execution of this Lease, Landlord and other entities affiliated with Tenant are executing seventeen (17) other leases for medical office buildings in the states of Tennessee, North Carolina, South Carolina, Georgia, Alabama and Florida, which leases are listed on Exhibit D hereto (collectively with this Lease, the “MedQuest Leases”). Notwithstanding anything to the contrary contained herein, Tenant may terminate this Lease at any time after the Commencement Date, and one (1) other individual lease among the MedQuest Leases listed on Schedule I of Exhibit D (“Tenant’s Termination Option”); provided, however, Tenant may not terminate any of the MedQuest Leases listed on Schedule II of Exhibit D pursuant to this subsection. If Tenant elects to exercise Tenant’s Termination Option and terminate this Lease as one (1) of the two (2) leases Tenant or Tenant’s affiliates may terminate pursuant to this subsection or similar provisions contained in the other MedQuest Leases, Tenant shall provide Landlord with not less than ninety (90) days’ prior written notice of the early termination date, and, simultaneously with the giving of such notice, Tenant shall pay to Landlord an early termination fee equal to one (1) year’s Base Rent for the Premises in effect at the time of the notice (“Tenant’s Termination Fee”). The parties hereby acknowledge and agree that the damages to Landlord caused by Tenant’s exercise of Tenant’s Termination Option are highly speculative and difficult to calculate, and, as such, Tenant’s Termination Fee is a fair and reasonable estimate of Landlord’s damages and related costs stemming from such exercise and shall constitute liquidated damages with respect to such termination.

Tenant’s Termination Option. Simultaneously with the execution of this Lease, If (i) Landlord and other entities affiliated with Tenant are executing seventeen (17) other leases for medical office buildings in the states of Tennessee, North Carolina, South Carolina, Georgia, Alabama and Florida, which leases are listed on Exhibit D hereto (collectively with this Lease, the “MedQuest Leases”). Notwithstanding anything does not elect to the contrary contained herein, Tenant may terminate this Lease at any time pursuant to Landlord’s termination right as provided in Section 11.2 above, (ii) the damage is not the result of Tenant’s negligence or willful misconduct, (iii) the damage substantially interferes with Tenant’s access to or usage of the Premises and Tenant does not thereafter use the Premises, and (iv) Landlord’s restoration work cannot, in the reasonable opinion of Landlord’s licensed contractor, be substantially completed within two hundred ten (210) days after the Commencement Datedate of Landlord’s Damage Notice, and one (1) other individual lease among the MedQuest Leases listed on Schedule I of Exhibit D (“Tenant’s Termination Option”); provided, however, then Tenant may not terminate any of the MedQuest Leases listed on Schedule II of Exhibit D pursuant elect to this subsection. If Tenant elects to exercise Tenant’s Termination Option and terminate this Lease by delivering written notice thereof to Landlord within sixty (60) days after Tenant’s receipt of Landlord’s Damage Notice, which termination shall be effective as one (1) of the two date which is sixty (260) leases days after the date such termination notice is delivered to Landlord. In addition, if the Premises is destroyed or materially damaged during the last twelve (12) months of the Lease Term such that restoration work cannot, in the reasonable opinion of Landlord’s licensed contractor, be substantially completed with ninety (90) days after the date of damage and such damage is not the result of the negligence or willful misconduct of Tenant or Tenant’s affiliates may terminate pursuant to this subsection agents, employees or similar provisions contained in the other MedQuest Leasescontractors, then Tenant shall provide Landlord with not less than ninety (90) days’ prior have the option to terminate this Lease by giving written notice to Landlord of the early termination dateexercise of such option within thirty (30) days after receipt of Landlord’s Damage Notice, and, simultaneously with in which event this Lease shall cease and terminate as of the giving date of such notice, Tenant shall pay to Landlord an early termination fee equal to one (1) year’s Base Rent for the Premises in effect at the time of the notice (“Tenant’s Termination Fee”). The parties hereby acknowledge and agree that the damages to Landlord caused by Tenant’s exercise of Tenant’s Termination Option are highly speculative and difficult to calculate, and, as such, Tenant’s Termination Fee is a fair and reasonable estimate of Landlord’s damages and related costs stemming from such exercise and shall constitute liquidated damages with respect to such termination.

Tenant’s Termination Option. Simultaneously with the execution of this Lease, If (i) Landlord and other entities affiliated with Tenant are executing seventeen (17) other leases for medical office buildings in the states of Tennessee, North Carolina, South Carolina, Georgia, Alabama and Florida, which leases are listed on Exhibit D hereto (collectively with this Lease, the “MedQuest Leases”). Notwithstanding anything does not elect to the contrary contained herein, Tenant may terminate this Lease at any time pursuant to Landlord's termination right as provided in Section 11.2 above, (ii) the damage is not the result of Tenant's negligence or willful misconduct, (iii) the damage substantially interferes with Tenant's access to or usage of the Premises and Tenant does not thereafter use the Premises, and (iv) Landlord's restoration work cannot, in the reasonable opinion of Landlord's licensed contractor, be substantially completed within two hundred seventy (270) days after the Commencement Datedate of damage, and one (1) other individual lease among the MedQuest Leases listed on Schedule I of Exhibit D (“Tenant’s Termination Option”); provided, however, then Tenant may not terminate any of the MedQuest Leases listed on Schedule II of Exhibit D pursuant elect to this subsection. If Tenant elects to exercise Tenant’s Termination Option and terminate this Lease by delivering written notice thereof to Landlord within thirty (30) days after Tenant's receipt of Landlord's Damage Notice, which termination shall be effective as one (1) of the two date which is ninety (290) leases days after the date such termination notice is delivered to Landlord. In addition, if the Premises is destroyed or materially damaged during the last twelve (12) months of the Lease Term such that restoration work cannot, in the reasonable opinion of Landlord’s licensed contractor, be substantially completed with ninety (90) days after the date of damage and such damage is not the result of the negligence or willful misconduct of Tenant or Tenant’s affiliates may terminate pursuant to this subsection agents, employees or similar provisions contained in the other MedQuest Leasescontractors, then Tenant shall provide Landlord with not less than ninety (90) days’ prior have the option to terminate this Lease by giving written notice to Landlord of the early termination dateexercise of such option within thirty (30) days after receipt of notice from Landlord as to the anticipated time necessary to substantially complete repairs thereto, and, simultaneously with in which event this Lease shall cease and terminate as of the giving date of such notice, Tenant shall pay to Landlord an early termination fee equal to one (1) year’s Base Rent for the Premises in effect at the time of the notice (“Tenant’s Termination Fee”). The parties hereby acknowledge and agree that the damages to Landlord caused by Tenant’s exercise of Tenant’s Termination Option are highly speculative and difficult to calculate, and, as such, Tenant’s Termination Fee is a fair and reasonable estimate of Landlord’s damages and related costs stemming from such exercise and shall constitute liquidated damages with respect to such termination.

Tenant’s Termination Option. Simultaneously with the execution of this Lease, If (i) Landlord and other entities affiliated with Tenant are executing seventeen (17) other leases for medical office buildings in the states of Tennessee, North Carolina, South Carolina, Georgia, Alabama and Florida, which leases are listed on Exhibit D hereto (collectively with this Lease, the “MedQuest Leases”). Notwithstanding anything does not elect to the contrary contained herein, Tenant may terminate this Lease pursuant to Landlord’s termination right as provided in Section 11.2 above, (ii) the damage is not the result of Tenant’s negligence or willful misconduct, (iii) the damage materially interferes with Tenant’s access to or usage of the Premises and Tenant does not thereafter use the Premises, and (iv) Landlord’s restoration work cannot, in the reasonable opinion of Landlord’s licensed contractor, be substantially completed within one hundred eighty (180) days after the date of damage, then Tenant may elect to terminate this Lease by delivering written notice thereof to Landlord within thirty (30) days after Tenant’s receipt of Landlord’s notice of the damage, which termination shall be effective as of the date which is thirty (30) days after the date such termination notice is delivered to Landlord. Furthermore, in the event Landlord’s restoration work has not been substantially completed within one hundred eighty (180) days after the date of damage and the then condition of the Premises or the Building materially interferes with Tenant’s access to or usage of the Premises, then Tenant may elect to terminate this Lease by delivering written notice thereof to Landlord at any time prior to the substantial completion of such restoration work, which termination shall be effective as of the date which is thirty (30) days after the Commencement Date, and one (1) other individual lease among the MedQuest Leases listed on Schedule I of Exhibit D (“Tenant’s Termination Option”); provided, however, Tenant may not terminate any of the MedQuest Leases listed on Schedule II of Exhibit D pursuant to this subsection. If Tenant elects to exercise Tenant’s Termination Option and terminate this Lease as one (1) of the two (2) leases Tenant or Tenant’s affiliates may terminate pursuant to this subsection or similar provisions contained in the other MedQuest Leases, Tenant shall provide Landlord with not less than ninety (90) days’ prior written date such termination notice of the early termination date, and, simultaneously with the giving of such notice, Tenant shall pay is delivered to Landlord an early termination fee equal to one unless, within such thirty (130) year’s Base Rent for day period, the Premises in effect at the time of the notice (“Tenant’s Termination Fee”). The parties hereby acknowledge and agree that the damages to Landlord caused by Tenant’s exercise of Tenant’s Termination Option are highly speculative and difficult to calculate, and, as such, Tenant’s Termination Fee is a fair and reasonable estimate of Landlord’s damages and related costs stemming from such exercise and shall constitute liquidated damages with respect to such terminationrestoration work has been substantially completed.

Tenant’s Termination Option. Simultaneously with the execution of this Lease, If (i) Landlord and other entities affiliated with Tenant are executing seventeen (17) other leases for medical office buildings in the states of Tennessee, North Carolina, South Carolina, Georgia, Alabama and Florida, which leases are listed on Exhibit D hereto (collectively with this Lease, the “MedQuest Leases”). Notwithstanding anything does not elect to the contrary contained herein, Tenant may terminate this Lease at any time pursuant to Landlord's termination right as provided in Section 11.2 above, (ii) the damage is not the result of Tenant's negligence or willful S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 misconduct, (iii) the damage substantially interferes with Tenant's access to or usage of the Premises and Tenant does not thereafter use the Premises, and (iv) Landlord's restoration work cannot, in the reasonable opinion of Landlord's licensed contractor, be substantially completed within two hundred ten (210) days after the Commencement Datedate of damage, and one (1) other individual lease among the MedQuest Leases listed on Schedule I of Exhibit D (“Tenant’s Termination Option”); provided, however, then Tenant may not terminate any of the MedQuest Leases listed on Schedule II of Exhibit D pursuant elect to this subsection. If Tenant elects to exercise Tenant’s Termination Option and terminate this Lease by delivering written notice thereof to Landlord within thirty (30) days after Tenant's receipt of Landlord's Repair Notice, which termination shall be effective as one (1) of the two date which is ninety (290) leases days after the date such termination notice is delivered to Landlord. In addition to the foregoing, if the Premises is destroyed or materially damaged during the last twelve (12) months of the Lease Term such that restoration work cannot, in the reasonable opinion of Landlord’s licensed contractor, be substantially completed with ninety (90) days after the date of damage and such damage is not the result of the negligence or willful misconduct of Tenant or Tenant’s affiliates may terminate pursuant to this subsection agents, employees or similar provisions contained in the other MedQuest Leasescontractors, then Tenant shall provide Landlord with not less than ninety (90) days’ prior have the option to terminate this Lease by giving written notice to Landlord of the early termination dateexercise of such option within thirty (30) days after receipt of notice from Landlord as to the anticipated time necessary to substantially complete repairs thereto, and, simultaneously with in which event this Lease shall cease and terminate as of the giving date of such notice, Tenant shall pay to Landlord an early termination fee equal to one (1) year’s Base Rent for the Premises in effect at the time of the notice (“Tenant’s Termination Fee”). The parties hereby acknowledge and agree that the damages to Landlord caused by Tenant’s exercise of Tenant’s Termination Option are highly speculative and difficult to calculate, and, as such, Tenant’s Termination Fee is a fair and reasonable estimate of Landlord’s damages and related costs stemming from such exercise and shall constitute liquidated damages with respect to such termination.