Common use of Early Termination Right Clause in Contracts

Early Termination Right. Subject to the terms and conditions ----------------------- contained in this Section 1.3(e), Lessee shall have the right to terminate this Lease ("Termination Right") at the end of the eighty-fourth (84th) month of the Lease term ("Early Termination Date"). Lessee may exercise the Termination Right by giving Lessor written notice of such termination not later than the last day of the seventy-fourth (74th) month of the Lease term. Lessee's failure to timely exercise the Termination Right shall be deemed Lessee's waiver of the Termination Right. If Lessee timely exercises the Termination Right, this Lease shall terminate on the Early Termination Date, and Lessee shall surrender and vacate the Premises in accordance with Section 7.4(c) of the Lease prior to such date. If a Breach by Lessee exists on the date of delivery of Lessee's notice of exercise of the Termination Right to Lessor or at any time after Lessee delivers such notice, then Lessor may, in its sole discretion, elect either (i) to have Lessee's exercise of the Termination Right be of no force and effect, and this Lease shall continue and expire at the end of the Original Term, or (ii) to treat the Lease as terminated, in which case Lessor's rights and remedies under the Lease with respect to the Breach by Lessee shall survive the termination of the Lease.

Early Termination Right. Subject to During the terms Additional Extension Term and conditions ----------------------- contained provided (i) the Lease is in this Section 1.3(efull force and effect; and (ii) no default by Tenant is existing either on (a) the day of the Early Termination Notice (defined herein), Lessee or (b) the Early Termination Date (defined herein); and (iii) Tenant provides Landlord with reasonable evidence that it will be moving into a Broward County owned or leased building or facility, Tenant shall have the right to terminate this the Lease prior to the expiration of the Additional Extension Term ("“Early Termination Right") at ”), subject to the end of the eighty-fourth terms and conditions hereof. Tenant (84th) month of the Lease term ("through its County Administrator or designee), in order to exercise its Early Termination Date"). Lessee may exercise the Termination Right by giving Lessor Right, shall provide Landlord with written notice of such termination not later than the last day of the seventy-fourth (74th) month of its desire to terminate the Lease term. Lessee's failure (“Early Termination Notice”), and subject to timely exercise the Termination Right shall be deemed Lessee's waiver terms of this provision, the Termination Right. If Lessee timely exercises the Termination Right, this Lease shall terminate on the year anniversary of the Early Termination Notice (“Early Termination Date”). For avoidance of doubt and illustration purposes only, if Tenant provides Landlord with the Early Termination Notice on October 1, 2025, the Early Termination Date shall be October 1, 2026. If Tenant timely exercises its Early Termination Right and complies with the terms and conditions of the Lease, as modified by this Sixth Amendment, the Parties, as of the Early Termination Date, and Lessee shall surrender and vacate the Premises have no further obligation or liability in accordance connection with Section 7.4(c) of the Lease prior to such date. If a Breach by Lessee exists on the date of delivery of Lessee's notice of exercise of the Termination Right to Lessor or at any time after Lessee delivers such noticethis Lease, then Lessor may, in its sole discretion, elect either (i) to have Lessee's exercise of the Termination Right be of no force and effect, and this Lease shall continue and expire at the end of the Original Term, or (ii) to treat the Lease as terminated, in which case Lessor's rights and remedies under the Lease with respect to the Breach by Lessee shall except for those provisions that survive the expiration or earlier termination of the Leasethereof.

Early Termination Right. Subject Notwithstanding anything to the terms contrary in the Lease as heretofore amended and conditions ----------------------- contained in under this Section 1.3(e)Fourth Amendment, Lessee Tenant shall have the right in its sole and absolute discretion to terminate this Lease effective on June 30, 2017 ("Termination Right") at the end of the eighty-fourth (84th) month of the Lease term ("”Early Termination Date"”) upon prior written notice given to Landlord no later than 5:00 p.m. on March 1, 2017 (the “Termination Notice”). Lessee may exercise If Tenant elects to give Landlord such a Termination Notice, the Termination Right by giving Lessor written notice of such termination not later than the last day of the seventy-fourth (74th) month of the Lease term. Lessee's failure to timely exercise the Termination Right shall be deemed Lessee's waiver of the Termination Right. If Lessee timely exercises the Termination Right, this Lease shall terminate on the Early Termination Date with the same effect as if the Term of the Lease had expired on the Early Termination Date, and Lessee shall surrender and vacate Tenant agrees to observe all the Premises in accordance with Section 7.4(c) terms of the Lease prior regarding vacation and condition of the Premises upon expiration of the Term in any such case. In consideration of the termination right granted to such date. If a Breach by Lessee exists Tenant hereunder, Tenant agrees to pay to Landlord on the date of delivery of Lessee's notice of exercise Tenant delivers its Termination Notice a termination fee equal to Fifty Thousand Dollars ($50,000.00) (the “Termination Fee”). Tenant’s payment of the Termination Right Fee when and as required under this 4.1 is an express condition precedent to Lessor or at any time after Lessee delivers such noticeTenant’s effective exercise of its termination option hereunder; and if Tenant fails to exercise its termination option when and as provided hereunder, then Lessor may, in its sole discretion, elect either (i) to have Lessee's exercise including timely payment of the Termination Right Fee, Tenant’s exercise of its termination option shall be void and of no force and effect, and this the Lease shall continue and expire at remain in effect as if Tenant had not attempted the end exercise of its termination option. Time is of the Original Term, or (ii) to treat the Lease as terminated, in which case Lessor's rights and remedies under the Lease with respect to the Breach by Lessee shall survive the termination essence of the Leasethis 4.1.

Early Termination Right. Subject Notwithstanding anything to the terms and conditions ----------------------- contained contrary in this Section 1.3(e)Lease, Lessee Tenant shall have the right in its sole and absolute discretion to terminate this Lease effective on June 30, 2012 ("Termination Right") at the end of the eighty-fourth (84th) month of the Lease term ("“Early Termination Date"). Lessee may exercise the Termination Right by giving Lessor ”) upon prior written notice of such termination given to Landlord not earlier than September 30, 2011, and not later than February 28, 2012 (the last day of the seventy-fourth (74th) month of the Lease term. Lessee's failure to timely exercise the “Termination Right shall be deemed Lessee's waiver of the Termination RightNotice”). If Lessee timely exercises Tenant elects to give Landlord such a Termination Notice, the Termination Right, this Lease shall terminate on the Early Termination Date with the same effect as if the Term of the Lease had expired on the Early Termination Date, and Lessee shall surrender and vacate Tenant agrees to observe all the Premises in accordance with Section 7.4(c) terms of the Lease prior regarding vacation and condition of the Premises upon expiration of the Term in any such case. In consideration of the termination right granted to such date. If a Breach by Lessee exists Tenant hereunder, Tenant agrees to pay to Landlord on the date of delivery of Lessee's notice of exercise Tenant delivers its Termination Notice a termination fee equal to Thirty-Five Thousand Three Hundred One Dollars and Sixty Cents ($35,301.60). Tenant’s payment of the Termination Right Fee when and as required under this §1.4.1 is an express condition precedent to Lessor or at any time after Lessee delivers such noticeTenant’s effective exercise of its termination option hereunder; and if Tenant fails to exercise its termination option when and as provided hereunder, then Lessor may, in its sole discretion, elect either (i) to have Lessee's exercise including timely payment of the Termination Right Fee, Tenant’s exercise of its termination option shall be void and of no force and effect, and this the Lease shall continue and expire at remain in effect as if Tenant had not attempted the end exercise of its termination option. Time is of the Original Term, or (ii) to treat the Lease as terminated, in which case Lessor's rights and remedies under the Lease with respect to the Breach by Lessee shall survive the termination essence of the Leasethis §1.4.1.

Early Termination Right. Subject Notwithstanding anything to the terms contrary in the Lease as heretofore amended and conditions ----------------------- contained in under this Section 1.3(e)Fourth Amendment, Lessee Tenant shall have the right in its sole and absolute discretion to terminate this Lease effective on June 30, 2017 ("Termination Right") at the end of the eighty-fourth (84th) month of the Lease term ("”Early Termination Date"”) upon prior written notice given to Landlord no later than 5:00 p.m. on March 1, 2017 (the “Termination Notice”). Lessee may exercise If Tenant elects to give Landlord such a Termination Notice, the Termination Right by giving Lessor written notice of such termination not later than the last day of the seventy-fourth (74th) month of the Lease term. Lessee's failure to timely exercise the Termination Right shall be deemed Lessee's waiver of the Termination Right. If Lessee timely exercises the Termination Right, this Lease shall terminate on the Early Termination Date with the same effect as if the Term of the Lease had expired on the Early Termination Date, and Lessee shall surrender and vacate Xxxxxx agrees to observe all the Premises in accordance with Section 7.4(c) terms of the Lease prior regarding vacation and condition of the Premises upon expiration of the Term in any such case. In consideration of the termination right granted to such date. If a Breach by Lessee exists Tenant hereunder, Xxxxxx agrees to pay to Landlord on the date of delivery of Lessee's notice of exercise Tenant delivers its Termination Notice a termination fee equal to Fifty Thousand Dollars ($50,000.00) (the “Termination Fee”). Tenant’s payment of the Termination Right Fee when and as required under this 4.1 is an express condition precedent to Lessor or at any time after Lessee delivers such noticeTenant’s effective exercise of its termination option hereunder; and if Tenant fails to exercise its termination option when and as provided hereunder, then Lessor may, in its sole discretion, elect either (i) to have Lessee's exercise including timely payment of the Termination Right Fee, Tenant’s exercise of its termination option shall be void and of no force and effect, and this the Lease shall continue and expire at remain in effect as if Tenant had not attempted the end exercise of its termination option.Time is of the Original Term, or essence of this 4.1. 07/29/2016 (iiSUNESIS PHARMACEUTICALS INC) to treat the Lease as terminated, in which case Lessor's rights and remedies under the Lease with respect to the Breach by Lessee shall survive the termination of the Lease.Source 2.3.3

Early Termination Right. 31.1 Subject to the terms and conditions ----------------------- contained in of this Section 1.3(e)Article 31, Lessee LESSEE shall have the right to terminate this Lease ("Termination Right") at the end as of the eighty-fourth (84th) month last day of the Lease term month during which the third (3rd) anniversary of the Commencement Date occurs (the "Early Termination Date"). Lessee may exercise , provided (i) LESSEE notifies LESSOR in writing (the "Early Termination Right by giving Lessor written notice Notice") of such LESSEE'S termination not later than of this Lease prior to the last one hundred eightieth (180th) day after the second (2nd) anniversary of the seventy-fourth (74th) month Commencement Date, time being of the essence with respect to such notice, (ii) LESSEE is not in default under the terms and conditions of this Lease term. Lessee's failure to timely exercise the Termination Right shall be deemed Lessee's waiver as of the giving of the Early Termination Right. If Lessee timely exercises the Termination Right, this Lease shall terminate on Notice or as of the Early Termination Date, and Lessee shall surrender and vacate (iii) within sixty (60) days after the Premises date of the Early Termination Notice, LESSEE pays to LESSOR an amount equal to the Termination Payment. If either of the conditions set forth in accordance with Section 7.4(cclauses (i) or (ii) of the Lease prior preceding sentence is not satisfied, then LESSEE shall be deemed to such datehave waived its early termination option. If a Breach by Lessee exists on LESSEE fails to pay the Termination Payment within sixty (60) days after the date of delivery of Lessee's notice of exercise of the Early Termination Right to Lessor or Notice, then, at any time after Lessee delivers such noticeLESSOR'S option, then Lessor may, in its sole discretion, elect either (i) to have Lessee's exercise of the Termination Right be of no this Lease shall remain in full force and effect, and this Lease shall continue and expire at the end of the Original Term, or (ii) to treat the Lease shall terminate and expire as terminated, in which case Lessor's rights and remedies under of the Lease with respect Early Termination Date. LESSOR'S election pursuant to the Breach by Lessee immediately preceding sentence shall survive not be deemed a waiver of LESSEE'S obligation to pay the termination of Termination Payment or LESSEE'S default for failure to pay the LeaseTermination Payment as required herein.

Early Termination Right. Subject Notwithstanding anything to the terms and conditions ----------------------- contained contrary in this Section 1.3(e)Lease, Lessee Tenant shall have the right in its sole and absolute discretion to terminate this Lease ("Termination Right") effective at the end of the eighty-fourth (84th) month of the Lease term ("Early Termination Date"). Lessee may exercise the Termination Right by giving Lessor written notice of such termination not later than noon on the last day of the seventytwenty-fourth (74th24th) month of the Lease term. Lessee's failure Term (the ”Early Termination Date”) upon prior written notice given to timely exercise Landlord not earlier than nine (9) months before the Early Termination Right shall be deemed Lessee's waiver of Date, and not later than six (6) months before the Early Termination RightDate (the “Termination Notice”). If Lessee timely exercises Tenant elects to give Landlord such a Termination Notice, the Termination Right, this Lease shall terminate on the Early Termination Date with the same effect as if the Term of the Lease had expired on the Early Termination Date, and Lessee shall surrender and vacate Tenant agrees to observe all the Premises in accordance with Section 7.4(c) terms of the Lease prior regarding vacation and condition of the Premises upon expiration of the Term in any such case. In consideration of the termination right granted to such date. If a Breach by Lessee exists Tenant hereunder, Tenant agrees to pay to Landlord on the date of delivery of Lessee's notice of exercise Tenant delivers its Termination Notice a termination fee equal to Twenty-Six Thousand Five Hundred Dollars ($26,500.00). Tenant’s payment of the Termination Right Fee when and as required under this § 1.4.1 is an express condition precedent to Lessor or at any time after Lessee delivers such noticeTenant’s effective exercise of its termination option hereunder; and if Tenant fails to exercise its termination option when and as provided hereunder, then Lessor may, in its sole discretion, elect either (i) to have Lessee's exercise including timely payment of the Termination Right Fee, Tenant’s exercise of its termination option shall be void and of no force and effect, and this the Lease shall continue and expire at remain in effect as if Tenant had not attempted the end exercise of its termination option. Time is of the Original Term, or (ii) to treat the Lease as terminated, in which case Lessor's rights and remedies under the Lease with respect to the Breach by Lessee shall survive the termination essence of the Leasethis § 1.4.1.

Early Termination Right. Subject to the terms and conditions ----------------------- contained in this Section 1.3(e), Lessee Tenant shall have the a one-time right to terminate this Lease ("the “Termination Right"”) at the end of the eighty-fourth (84th) month of the Lease term ("Early Termination Date"). Lessee may exercise the Termination Right by giving Lessor written notice of such termination not later than effective as 11:59 p.m. on the last day of the seventythirty-fourth ninth (74th39th) month after Commencement Date (the “Early Termination Date”) provided that: (a) no Event of Default has occurred under this Lease; (b) Tenant delivers to Landlord written notice of Tenant’s exercise of the Lease term. Lessee's failure Early Termination Right no later than six (6) months prior to timely the Early Termination Date; and (c) Tenant delivers to Landlord, together with its written exercise the Termination Right shall be deemed Lessee's waiver of the Termination Right. If Lessee timely exercises the Early Termination Right, the Landlord’s Unamortized Transaction Costs. If Tenant satisfies each of the foregoing obligations, then this Lease shall terminate on as of the Early Termination Date, Date and Lessee Tenant shall surrender and vacate the Premises in accordance with Section 7.4(c) satisfy all of the Lease prior to such date. If a Breach by Lessee exists on the date of delivery of Lessee's notice of exercise of the Termination Right to Lessor or at any time after Lessee delivers such notice, then Lessor may, in its sole discretion, elect either (i) to have Lessee's exercise of the Termination Right be of no force and effect, and this Lease shall continue and expire at the end of the Original Term, or (ii) to treat the Lease as terminated, in which case Lessor's rights and remedies under the Lease obligations hereunder with respect to the Breach by Lessee shall survive the termination surrender and delivery of the LeasePremises to Landlord. If Tenant exercises the Early Termination Right as aforesaid prior to the exercise by Tenant of any of its rights under Section 27.1 or 27.2 above, then Tenant shall have no further right to exercise its rights under Section 27.1 and 27.2 above, which rights shall be void and of no further force or effect. If Tenant exercises its right to expand the Premises to include all or any portion of the Expansion Space pursuant to Section 27.1 or exercises the ROFO pursuant to Section 27.2 prior to electing to exercise the Early Termination Right, then this Section 27.3 shall become immediately void and of no further force or effect and Tenant shall have no right to exercise the Early Termination Right.