Common use of Inducement Recapture Clause in Contracts

Inducement Recapture. Any agreement for free or abated rent or other charges, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "Inducement Provisions," shall be deemed conditioned upon Lessee's full and faithful performance of all of the terns, covenants and conditions of this Lease, including without limitation, the timely payment (i.e., prior to the time Lessee is in default, as set forth in paragraph 13.1(b)) of all rent due hereunder. Upon Breach of this Lease by Lessee (which shall be deemed to include any late payment of rent or other sums due hereunder, or the presentation in payment of any obligation hereunder of any check which is not honored on the first attempt to realize on it), any such inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Provision shall be immediately due and payable by Lessee to Lessor, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of Rent or the cure of the Breach which initiated the operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph unless specifically so stated in writing by Lessor at the time of such acceptance. Notwithstanding anything else herein to the contrary, Lessee shall not be subject to the loss of an inducement due to a default in the payment of Rent if Lessee has not been late with respect to the payment of Rent more than three times in the first thirty menthe of the Term, and all such late payments have been made within the time periods allowed by this Lease.

Inducement Recapture. Any agreement for free or abated rent or other charges, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "Inducement ProvisionsINDUCEMENT PROVISIONS," shall be deemed conditioned upon Lessee's full and faithful performance of all of the ternsterms, covenants and conditions of this Lease, including without limitation, the timely payment (i.e., prior to the time Lessee is in default, as set forth in paragraph Paragraph 13.1(b)) of all rent due hereunder. Upon Breach of this Lease by Lessee (which shall be deemed to include any late payment of rent or other sums due hereunder, or the presentation in payment of any obligation hereunder of any check which is not honored on the first attempt to realize on it), any such inducement Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Inducement Provision shall be immediately due and payable by Lessee to Lessor, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of Rent or the cure of the Breach which initiated Initiated the operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph unless specifically so stated in writing by Lessor at the time of such acceptance. Notwithstanding anything else herein to the contrary, Lessee shall not be subject to the loss of an inducement Inducement due to a default in the payment of Rent if Lessee has not been late with respect to the payment of Rent more than three times in the first thirty menthe months of the Term, and all such late payments have been made within the time cure periods allowed by this Lease.

Inducement Recapture. Any agreement by Landlord for free or abated rent or other chargescharges applicable to the Leased Premises, or for the giving or paying by Lessor Landlord to or for Lessee Tenant of any cash or other bonus, inducement or consideration for Lessee's Tenant’s entering into this Lease, including, but not limited to, any free rent or tenant improvement or finish allowance, all of which concessions are hereinafter referred to as "“Inducement Provisions," ” shall be deemed conditioned upon Lessee's Tenant’s full and faithful performance of all of the ternsterms, covenants and conditions of this Lease, including without limitation, Lease to be performed or observed by Tenant during the timely payment (i.e., prior to Term hereof as the time Lessee is in default, as set forth in paragraph 13.1(b)) of all rent due hereundersame may be extended. Upon Breach the occurrence of a default (as defined in Article 14) of this Lease by Lessee Tenant, (which shall be deemed to include any late payment of rent or other sums due hereunder, or the presentation in payment of any obligation hereunder of any check which is not honored on the first attempt to realize on it), a) any such inducement Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and (b) the unamortized portion of any rentRent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor Landlord under such an inducement Provision Inducement Provision, shall be immediately due and payable by Lessee Tenant to LessorLandlord, and recoverable by Landlord, as Additional Rent due under this Lease, notwithstanding any subsequent cure of said Breach event of default by LesseeTenant. The acceptance by Lessor Landlord of Rent or the cure of the Breach event of default which initiated the operation of this paragraph Section 17.21 shall not be deemed a waiver by Lessor Landlord of the provisions of this paragraph Section 17.21 unless specifically so stated in writing by Lessor Landlord at the time of such acceptance. Notwithstanding anything else herein to the contrary, Lessee shall not be subject to the loss of an inducement due to a default in the payment of Rent if Lessee has not been late with respect to the payment of Rent more than three times in the first thirty menthe of the Term, and all such late payments have been made within the time periods allowed by this Lease.

Inducement Recapture. Any agreement If this Agreement provides for free or abated any rent or other chargesconcession, or then, for purposes of this paragraph 36, any such rent concession is called the giving or paying by Lessor to or “Abated Rent”. If this Agreement provides for Lessee Landlord's payment of any cash or other bonusform of tenant improvement allowance to Tenant, inducement or consideration then, for Lessee's entering into purposes of this Leasesubsection, all of which concessions are hereinafter referred to as "Inducement Provisions," such allowance is called the “Allowance”. Tenant shall be deemed conditioned upon Lessee's full and faithful performance of credited with having paid all of the ternsAbated Rent on the expiration of the Tem1 only if Tenant has fully, covenants faithfully and conditions punctually performed all of this LeaseTenant's obligations hereunder, including without limitation, the timely payment (i.e., prior to the time Lessee is in default, as set forth in paragraph 13.1(b)) of all rent due hereunder. Upon Breach of this Lease by Lessee Rent (which shall be deemed to include any late payment of rent or other sums due hereunder, or than the presentation in payment of any obligation hereunder of any check which is not honored on the first attempt to realize on it), any such inducement Provision shall automatically be deemed deleted from this Lease Abated Rent) and of no further force or effectall other monetary obligations, and any rentTenant surrenders the Leased Premises in the physical condition required by this Agreement.Tenant acknowledges that its right to receive credit for the Abated Rent is absolutely conditioned upon Tenant's full, other chargefaithful, bonusand punctual performance of its obligations under this Agreement.Tenant further acknowledges that its right to receive the Allowance is absolutely conditioned upon Tenant's full, inducement or consideration theretofore abated, given or paid by Lessor faithful and punctual performance of its obligations under this Agreement.If Tenant defaults and does not fully cure such an inducement Provision shall be immediately due and payable by Lessee default pursuant to Lessor, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of Rent or the cure of the Breach which initiated the operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph unless specifically so stated Agreement, the Abated Rent shall immediately become due and payable in writing by Lessor at full, the time amount of such acceptance. Notwithstanding anything else herein any Allowance paid to the contrary(and/or on behalf of) Tenant shall immediately be returned (and/or repaid, Lessee shall not be subject as applicable) to the loss of an inducement due to a default in the payment of Rent if Lessee has not been late with respect to the payment of Rent more than three times in the first thirty menthe of the TermLandlord, and all this Agreement shall be enforced as if there were no such late payments have been made within rent abatement, other rent concession or Allowance. In such case, Abated Rent shall be calculated based on the time periods allowed by full initial Rent payable under this LeaseAgreement.