Common use of Early Termination Right Clause in Contracts

Early Termination Right. Provided (i) this Lease has not been terminated previously pursuant to the provisions of this Lease or pursuant to law; and (ii) Tenant is not then in default beyond the applicable period (x) under any of the terms, covenants or conditions of this Lease on Tenant’s part to be observed or performed (other than the covenant to pay Fixed Rent) beyond the applicable notice and cure periods set forth in this Lease or (y) of the covenant to pay Fixed Rent, Tenant shall have the right to terminate this Lease and the Term as of the last day of any calendar month (which day is referred to as the “Earlier Termination Date”) by notice to Landlord exercising such right at least six (6) months prior to the Earlier Termination Date. Tenant shall continue to pay the Fixed Rent and any Additional Rent payable by Tenant under the provisions of this Lease up to and including the Earlier Termination Date. Time is of the essence with respect to the giving of such notice and any notice given after the date as defined above purporting to exercise such option shall be void and of no force or effect. Such notice of termination shall be given in accordance with the provisions of Article 18. In the event Tenant shall give any such notice of termination pursuant to the provisions of this Section and shall otherwise comply with the conditions of the exercise of Tenant’s right to terminate this Lease, this Lease and the Term shall come to an end and expire on the Tenant’s Earlier Termination Date with the same force and effect as though said date were the Expiration Date, unless sooner terminated pursuant to any other term, covenant or condition of this Lease or pursuant to law.

Early Termination Right. Provided In the event that Landlord and Tenant fully execute and deliver a new lease agreement (the “New Lease”) for other space in the Project or in a project owned by an affiliate of Landlord during the Lease Term which New Lease satisfies the following conditions: (i) this a term for such New Lease has not been terminated previously pursuant to which extends beyond the provisions Lease Expiration Date of this Lease or pursuant to law; Lease, and (ii) the premises under such New Lease contains no less than 80,000 rentable square feet of space, and provided that Tenant is not then in default beyond the applicable period (x) under any of the terms, covenants or conditions of this Lease on Tenant’s part to be observed or performed (other than the covenant to pay Fixed Rent) beyond the applicable notice and cure periods set forth in this Lease or (y) of the covenant to pay Fixed Rentperiods, then Tenant shall have the right to terminate this Lease and without the Term as of the last day payment of any calendar month penalty or termination fee upon not less than thirty (which day is referred 30) days’ prior written notice to as Landlord (the “Earlier Tenant Termination Notice”). Such Tenant Termination Notice shall set forth the termination date of this Lease (the “Tenant Early Termination Date”) by notice to Landlord exercising such right at least six (6) months prior to ). To the Earlier Termination Date. extent Tenant shall continue to pay the Fixed Rent and any Additional Rent payable by Tenant under the provisions of this Lease up to and including the Earlier Termination Date. Time is of the essence with respect to the giving of such notice and any notice given after the date as defined above purporting to exercise such option shall be void and of no force or effect. Such notice of termination shall be given in accordance with the provisions of Article 18. In the event Tenant shall give any such notice of termination pursuant to the provisions of this Section and shall otherwise comply with the conditions of the exercise of Tenant’s exercises its right to terminate this Lease, pursuant to the terms of this Section 2.3, then this Lease and shall terminate effective as of the Term shall come to an end and expire on the Tenant’s Earlier Tenant Early Termination Date with the same force and effect as though said date if the Lease were the Expiration scheduled to expire in accordance with its terms as of such Tenant Early Termination Date, unless sooner terminated pursuant subject to any other term, covenant or condition the provisions of this Lease which expressly survive the expiration or earlier termination of this Lease. [*] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to lawRule 406 of the Securities Act of 1933, as amended.

Early Termination Right. Provided (i) this Lease has not been terminated previously pursuant to the provisions Notwithstanding any other provision of this Lease or pursuant to law; and (ii) Tenant is not then in default beyond the applicable period (x) under any of the terms, covenants or conditions of this Lease on Tenant’s part to be observed or performed (other than the covenant to pay Fixed Rent) beyond the applicable notice and cure periods set forth in this Lease or (y) of the covenant to pay Fixed Rentcontrary, Tenant shall have the right to terminate this Lease and the Term effective as of the last day of any calendar month after the fortieth (40th) full month of the Lease Term, provided that (a) Tenant provides Landlord with written notice of its election to terminate not later than the date which day is referred to as the “Earlier Termination Date”) by notice to Landlord exercising such right at least six nine (69) months prior to the Earlier designated termination date (the "Early Termination Date. "), which notice shall set forth the Early Termination Date and shall be binding and irrevocable (the "Early Termination Notice"), (b) Tenant shall continue pays to pay Landlord a buyout amount equal to the Fixed aggregate of (i) the unamortized balance of Landlord's Transaction Costs, and (ii) an amount equal to two (2) months Base Rent and any Additional Rent payable by Tenant under in effect as of the provisions Early Termination Date (the aggregate of this Lease up the foregoing items (i) and (ii) is referred to herein as the "Early Termination Payment"), which Early Termination Payment shall be paid in full on or before the Early Termination Date (provided that the Additional Rent component of such payment shall be based upon Landlord's estimate and including subject to adjustment when such amount is finally determined), and (c) no Event of Default exists both as of the Earlier date of the Early Termination Notice and as of the Early Termination Date. Time is of the essence with respect to the giving of such notice and any notice given after the date as defined above purporting to exercise such option shall be void and of no force or effect. Such notice of termination shall be given in accordance with the provisions of Article 18. In the event of any such early termination, Tenant shall give remain liable for any such notice of termination pursuant obligations or expenses arising or accruing hereunder prior to the provisions of this Section and shall otherwise comply with the conditions of the exercise of Tenant’s right to terminate this Lease, this Lease and the Term shall come to an end and expire on the Tenant’s Earlier Early Termination Date with the same force and effect as though said date were the Expiration Date, unless sooner terminated pursuant to any other term, covenant or condition of this Lease or pursuant to law.

Early Termination Right. Provided (i) this Lease has not been terminated previously pursuant to the provisions of this Lease or pursuant to law; and (ii) Tenant is not then in default beyond the applicable period (x) under any of the terms, covenants or conditions of this Lease on Tenant’s part to be observed or performed (other than the covenant to pay Fixed Rent) beyond the applicable notice and cure periods set forth in this Lease or (y) of the covenant to pay Fixed Rent, Tenant shall have the one time right to terminate this Lease and the Term (“Termination Right”) as of the last day expiration of any calendar the 60th month of the Term (which day is referred to as the “Earlier Termination Date”) by notice ); provided, however, that Tenant delivers to Landlord exercising such right at least six a written notice (6) months “Termination Notice”), of its intent to exercise its Termination Right no later than the last calendar day of the 52nd month of the Base Term. If Tenant timely and properly exercises the Termination Right, Tenant shall vacate the Premises and deliver possession thereof to Landlord in the condition required by the terms of this Lease on or before the Termination Date and Tenant shall have no further obligations under this Lease except for those accruing prior to the Earlier Termination DateDate and those which, pursuant to the terms of the Lease, survive the expiration or early termination of the Lease (excluding, in any event, the obligation to pay any Rent which would have otherwise accrued under the Lease following the Termination Date if Tenant had not exercised its Termination Right). If Tenant does not deliver to Landlord the Termination Notice within the time period provided for in this paragraph, Tenant shall continue be deemed to pay have waived its Termination Right. Notwithstanding anything to the Fixed Rent and any Additional Rent payable by contrary contained herein, in the event that Tenant exercises its Expansion Right under Section 39 resulting in the provisions of this Lease up to and including the Earlier Termination Date. Time is actual expansion of the essence with respect to the giving of such notice Premises, Tenant’s Termination Right under this Section 40 shall immediately expire and any notice given after the date as defined above purporting to exercise such option shall be void and of no further force or effect. Such notice of termination shall be given in accordance with the provisions of Article 18. In the event Tenant shall give any such notice of termination pursuant to the provisions of this Section and shall otherwise comply with the conditions of the exercise of Tenant’s right to terminate this Lease, this Lease and the Term shall come to an end and expire on the Tenant’s Earlier Termination Date with the same force and effect as though said date were the Expiration Date, unless sooner terminated pursuant to any other term, covenant or condition of this Lease or pursuant to law.