Common use of Tenant’s Termination Option Clause in Contracts

Tenant’s Termination Option. If (i) Landlord does not elect to 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 date such termination notice is delivered to Landlord unless, within such thirty (30) day period, the restoration work has been substantially completed.

Tenant’s Termination Option. If (i) Landlord does not elect to terminate this Lease pursuant to Landlord’s 's termination right as provided in Section 11.2 above, (ii) the damage is not the result of Tenant’s 's negligence or willful S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 misconduct, (iii) the damage materially substantially interferes with Tenant’s 's access to or usage of the Premises and Tenant does not thereafter use the Premises, and (iv) Landlord’s 's restoration work cannot, in the reasonable opinion of Landlord’s 's licensed contractor, be substantially completed within one two hundred eighty ten (180210) 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 's receipt of Landlord’s notice of the damage's Repair Notice, which termination shall be effective as of the date which is thirty ninety (3090) days after the date such termination notice is delivered to Landlord. FurthermoreIn 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 event reasonable opinion of Landlord’s restoration work has not been licensed contractor, be substantially completed within one hundred eighty with ninety (18090) days after the date of damage and such damage is not the then condition result of the Premises negligence or the Building materially interferes with willful misconduct of Tenant or Tenant’s access to agents, employees or usage of the Premisescontractors, then Tenant may elect shall have the option to terminate this Lease by delivering giving written notice thereof to Landlord at any time prior to of the substantial completion exercise of such restoration work, which termination shall be effective as of the date which is option within thirty (30) days after receipt of notice from Landlord as to the anticipated time necessary to substantially complete repairs thereto, in which event this Lease shall cease and terminate as of the date of such termination notice is delivered to Landlord unless, within such thirty (30) day period, the restoration work has been substantially completednotice.

Tenant’s Termination Option. If (i) Landlord does not elect to 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 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 one two hundred eighty ten (180210) days after the date of damageLandlord’s Damage Notice, then Tenant may elect to terminate this Lease by delivering written notice thereof to Landlord within thirty sixty (3060) days after Tenant’s receipt of Landlord’s notice of the damageDamage Notice, which termination shall be effective as of the date which is thirty sixty (3060) days after the date such termination notice is delivered to Landlord. FurthermoreIn 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 event reasonable opinion of Landlord’s restoration work has not been licensed contractor, be substantially completed within one hundred eighty with ninety (18090) days after the date of damage and such damage is not the then condition result of the Premises negligence or the Building materially interferes with willful misconduct of Tenant or Tenant’s access to agents, employees or usage of the Premisescontractors, then Tenant may elect shall have the option to terminate this Lease by delivering giving written notice thereof to Landlord at any time prior to of the substantial completion exercise of such restoration work, which termination shall be effective as of the date which is option within thirty (30) days after receipt of Landlord’s Damage Notice, in which event this Lease shall cease and terminate as of the date of such termination notice is delivered to Landlord unless, within such thirty (30) day period, the restoration work has been substantially completednotice.

Tenant’s Termination Option. If Simultaneously with the execution of this Lease, Landlord and other entities affiliated with Tenant are executing seventeen (i17) Landlord does not elect 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 Landlordthis 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 right as provided 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 Section 11.2 above, effect at the time of the notice (ii) “Tenant’s Termination Fee”). The parties hereby acknowledge and agree that the damage is not the result damages to Landlord caused by Tenant’s exercise of Tenant’s negligence or willful misconductTermination Option are highly speculative and difficult to calculate, (iii) the damage materially interferes with and, as such, Tenant’s access to or usage of the Premises Termination Fee is a fair and Tenant does not thereafter use the Premises, and (iv) Landlord’s restoration work cannot, in the reasonable opinion estimate of Landlord’s licensed contractor, be substantially completed within one hundred eighty (180) days after the date of damage, then Tenant may elect damages and related costs stemming from such exercise and shall constitute liquidated damages with respect 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 date such termination notice is delivered to Landlord unless, within such thirty (30) day period, the restoration work has been substantially completedtermination.

Tenant’s Termination Option. If (i) Landlord does not elect to terminate this Lease pursuant to Landlord’s 's termination right as provided in Section 11.2 above, (ii) the damage is not the result of Tenant’s 's negligence or willful misconduct, (iii) the damage materially substantially interferes with Tenant’s 's access to or usage of the Premises and Tenant does not thereafter use the Premises, and (iv) Landlord’s 's restoration work cannot, in the reasonable opinion of Landlord’s 's licensed contractor, be substantially completed within one two hundred eighty seventy (180270) 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 's receipt of Landlord’s notice of the damage's Damage Notice, which termination shall be effective as of the date which is thirty ninety (3090) days after the date such termination notice is delivered to Landlord. FurthermoreIn 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 event reasonable opinion of Landlord’s restoration work has not been licensed contractor, be substantially completed within one hundred eighty with ninety (18090) days after the date of damage and such damage is not the then condition result of the Premises negligence or the Building materially interferes with willful misconduct of Tenant or Tenant’s access to agents, employees or usage of the Premisescontractors, then Tenant may elect shall have the option to terminate this Lease by delivering giving written notice thereof to Landlord at any time prior to of the substantial completion exercise of such restoration work, which termination shall be effective as of the date which is option within thirty (30) days after receipt of notice from Landlord as to the anticipated time necessary to substantially complete repairs thereto, in which event this Lease shall cease and terminate as of the date of such termination notice is delivered to Landlord unless, within such thirty (30) day period, the restoration work has been substantially completednotice.