Common use of Termination; Merger Clause in Contracts

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 11 contracts

Samples: Lease (Penumbra Inc), Standard Industrial/Commercial Single Tenant Lease Modified Net (Ooma Inc), Lease Agreement (Penumbra Inc)

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Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination termination, or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, interest shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 11 contracts

Samples: Industrial Lease (Tenaya Therapeutics, Inc.), Industrial Lease (CAPSTONE TURBINE Corp), Lease (Clean Energy Fuels Corp.)

Termination; Merger. Unless specifically stated otherwise in writing ------------------- by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 4 contracts

Samples: Lease (Kyphon Inc), Lease (Kyphon Inc), Industrial Multi Tenant Lease (Cost U Less Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 4 contracts

Samples: Commercial Lease Agreement (Neos Therapeutics, Inc.), Commercial Lease Agreement (Neos Therapeutics, Inc.), Single Tenant Lease (Applied Films Corp)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies or sub-subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 3 contracts

Samples: Lease (Globeimmune Inc), Lease (Globeimmune Inc), Lease (Replidyne Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination termination, or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, interest shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 3 contracts

Samples: Industrial Lease (Excaliber Enterprises, Ltd.), Lease Agreement (Omneon Video Networks, Inc.), Industrial Lease (Capstone Turbine Corp)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease Modified Net (SBS Technologies Inc), Lease Agreement (SBS Technologies Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Standard Form Industrial Net Lease (Cue Health Inc.), Standard Form Industrial Net Lease (Cue Health Inc.)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease lease by TenantXxxxxx, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premisesdemised premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s Xxxxxxxx's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Warehouse Lease, Warehouse Lease

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Lease Net (Fortunet, Inc.), Standard Industrial/Commercial Multi Tenant Lease Net (Fortunet, Inc.)

Termination; Merger. Unless specifically stated otherwise in ------------------- writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Lease (Adaptive Broadband Corp), Lease (Sonicwall Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Lease Agreement (Suntek Corp), Lease Agreement (Headhunter Net Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Standard Industrial Multi Tenant Lease (iPower Inc.), Standard Industrial Multi Tenant Lease (iPower Inc.)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, interest shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 2 contracts

Samples: Industrial Multi Tenant Lease (Extend Health Inc), Industrial Multi Tenant Lease (Extend Health Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.. Eight-L 1993 —19— Initials /

Appears in 1 contract

Samples: Standard Industrial/Commercial Multi Tenant Lease Modified Net (ADESTO TECHNOLOGIES Corp)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach a Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Lease (Therma Wave Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; : provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Multi Tenant Lease (Zynex Medical Holdings Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Standard Industrial/Commercial Lease Agreement (Intuit Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Lease Agreement (Apria Healthcare Group Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the The voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Lease (Sport Chalet Inc)

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Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premisesdemised premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Warehouse Lease

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the The voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Sublease Agreement (Diamond Entertainment Corp)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however. However, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenanciessub-tenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, interest shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Lease Agreement (Touchstone Applied Science Associates Inc /Ny/)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s failure failure, within ten twenty (1020) days of following any such event event, to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Commercial Lease Agreement (BioTrove, Inc.)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Commencement Date Agreement (Brainy Brands Company, Inc.)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Lease Agreement (Wavesplitter Technologies Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Industrial Multi Tenant Lease (Immucor Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by TenantTxxxxx, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. LandlordLxxxxxxx’s failure within ten (10) I 0 days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.. Multi-Tenant Lease – PLx Pharma Inc.

Appears in 1 contract

Samples: Industrial Multi Tenant Lease (PLX Pharma Inc.)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach breach by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) 10 days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Standard Industrial Multi Tenant Lease Net (Xos, Inc.)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by TenantXxxxxx, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s failure within ten (10) days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Commercial Lease Agreement (Aytu Biopharma, Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) * days of following any such event to make a written election to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Lease (Frontier Airlines Inc /Co/)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this thus Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach Default by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, Landlord shall, in the event of any such surrender, termination termination, or cancellation, ; have the option to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) 10 days of following any such event to make a written election to the contrary by written notice to the holder of any 'such lesser interest, interest shall constitute Landlord’s 's election to have leave such event constitute the termination of such interest.

Appears in 1 contract

Samples: Industrial Lease (Singing Machine Co Inc)

Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for Breach violation of any term or provision hereof by Tenant, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Landlord shall, in the event of any such surrender, termination or cancellation, have the option may elect to continue any one or all of any existing subtenancies. Landlord’s 's failure within ten (10) days of following any such event to make a written election elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Landlord’s 's election to have such event constitute the termination of such interest.

Appears in 1 contract

Samples: Commercial Lease (Bourbon Brothers Holding Corp)

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