Common use of Tenant Termination Rights Clause in Contracts

Tenant Termination Rights. If, by reason of an Eviction, 50,000 or more rentable square feet of the Premises are untenantable (A) for reasons other than Force Majeure for sixty (60) or more consecutive days after notice from Tenant to Landlord, (B) for reasons other than Force Majeure for ninety (90) or more days in any consecutive 12-month period (such reference to ninety (90) days being deemed to refer to the number of days that the applicable space is so untenantable after Tenant has given Landlord notice of each occurrence of such untenantability), or (C) as a result of Force Majeure for three hundred sixty five (365) or more consecutive days after notice from Tenant to Landlord (such sixty (60), ninety (90) and three hundred sixty five (365) day periods to be extended for up to an additional ninety (90) days during which time Landlord is diligently prosecuting to cure the cause of such untenantability), then in each such case Tenant may, by notice given to Landlord on or before the earlier to occur of (x) the date that the applicable portion of the Premises is rendered tenantable and (y) the date that is thirty (30) days after the end of such sixty (60), ninety (90) or three hundred sixty five (365) day period (as so extended), as applicable, terminate this Lease. If Tenant timely gives a termination notice in accordance with this Section 8.26, (time being of the essence in connection with such termination notice) this Lease shall terminate on the 20th day after such notice is given by ▇▇▇▇▇▇ and Tenant shall vacate the Premises and surrender the same to Landlord in the same manner required for surrender of the Premises on the Expiration Date in accordance with the terms of this Lease. Upon any such termination, Tenant’s liability for Fixed Rent and Additional Charges hereunder with respect to the Premises shall cease as of the date of such termination, and any prepaid portion of Rent with respect to the Premises for any period after such date shall be refunded by Landlord to Tenant within thirty (30) days after Landlord receives Tenant’s termination notice. In the event of any termination of this Lease under. this Section 8.26, Tenant shall pay to Landlord the amount, if any, due in accordance with Section 7.06 above. Any notice given by Tenant pursuant to this Section 8.26 as to the occurrence of an Eviction which renders all or a portion of the Premises untenantable shall not be effective unless such notice expressly states that such notice is being given pursuant to this Section 8.26 and that Tenant may have the right to terminate this Lease in accordance with the provisions of this Section 8.26. The rights granted Tenant under this

Tenant Termination Rights. (a) If, by reason of an Eviction, 50,000 or more rentable square feet of the Premises Office Space are untenantable Untenantable (A) for reasons other than Force Majeure for sixty (60) 60 or more consecutive days after notice from Tenant to Landlord, (B) for reasons other than Force Majeure for ninety (90) 90 or more days in any consecutive 12-month period (such reference to ninety (90) 90 days being deemed to refer to the number of days that the applicable space is so untenantable Untenantable after Tenant has given Landlord notice of each occurrence of such untenantability), Untenantability) or (C) as a result of Force Majeure for three hundred sixty five (365) 365 or more consecutive days after notice from Tenant to Landlord (such sixty (60), ninety (90) 90 and three hundred sixty five (365) 365 day periods to be extended for up to an additional ninety (90) 90 days during which time Landlord is diligently prosecuting to cure the cause of such untenantabilityUntenantability), then in each such case Tenant may, by notice given to Landlord on or before the earlier to occur of (x) the date that the applicable portion of the Premises Office Space is rendered tenantable and (y) the date that is thirty (30) 30 days after the end of such sixty (60), ninety (90) 90 or three hundred sixty five (365) 365 day period (as so extended), as applicableapplicable (time of the essence), terminate this Lease, at Tenant's option, with respect to the Terminated Space. If Tenant timely gives a termination notice in accordance with this Section 8.2610.03, (time being of the essence in connection with such termination notice) this Lease shall terminate with respect to the Terminated Space on the 20th day after such notice is given by ▇▇▇▇▇▇ Tenant and Tenant shall vacate the Premises Terminated Space and surrender the same to Landlord in the same manner required for surrender of the Premises on the Expiration Date in accordance with the terms of this Lease. Upon any such termination, Tenant’s 's liability for Fixed Rent and Additional Charges hereunder with respect to the Premises Terminated Space shall cease as of the date of such termination, and any prepaid portion of Rent with respect to the Premises Terminated Space for any period after such date shall be refunded by Landlord to Tenant within thirty (30) 30 days after Landlord receives Tenant’s 's termination notice. Upon a termination of this Lease with respect to less than the entire Premises, there shall be a pro rata reduction of Tenant's Rent obligations to reflect such partial termination and the reduced rentable area of the Premises (such rentable area to be determined in a manner consistent with the methods used in calculating the rentable area of the Premises initially demised under this Lease) and Landlord and Tenant shall promptly enter into an instrument evidencing such partial termination; provided, that the failure to enter into such instrument shall not affect the effectiveness of such partial termination. In the event of any termination of this Lease under. under this Section 8.2610.03, whether as to all or a portion of the Premises, Tenant shall pay to Landlord the amount, if any, due in accordance with Section 7.06 above. Tenant acknowledges that, in the case of an Eviction, Tenant's sole rights to terminate this Lease by reason of such Eviction are as expressly set forth in this Section 10.03(a) and Tenant hereby waives all other rights at law or in equity (including, without limitation, any right to claim a constructive eviction) to terminate this Lease by reason of such Eviction; provided, that this sentence (i) shall not be applicable if such Eviction occurs by reason of Landlord's bad faith acts or (where Landlord has an affirmative obligation to act pursuant to the terms of this Lease) omissions and (ii) shall not be deemed to constitute a waiver by Tenant of any right that Tenant may have under this Lease or at law or in equity to make a claim for any damages suffered by Tenant by reason of such Eviction. Any notice given by Tenant pursuant to this Section 8.26 10.03 as to the occurrence of an Eviction which renders all or a portion of the Premises untenantable Untenantable shall not be effective unless such notice expressly states that such notice is being given pursuant to this Section 8.26 10.03 and that Tenant may have the right to terminate this Lease in accordance with the provisions of this Section 8.2610.03. (b) Subject to Section 7.07, "Terminated Space" means, at Tenant's election as specified in the applicable termination notice, either (i) the entire Premises or (ii) a portion of the Premises consisting of entire floors of the Building (or so much of any floor as shall then be part of the Premises); provided, that in the case of any such partial termination, (x) all floors included within the Terminated Space shall be contiguous and (y) the Terminated Space shall include either (I) all or any of the floors the Untenantability of which gave rise to such termination right or (II) either the highest or lowest floor then included in the Office Space and any other floor(s) contiguous to such highest or lowest floor so long as the total rentable area of the Terminated Space does not exceed the rentable area of the portion of the Premises the Untenantability of which gave rise to such termination right. The If an Eviction occurs by reason of Force Majeure, then Tenant's sole remedies in respect of such Eviction shall be as set forth in Sections 10.02 and 10.03 and Tenant hereby waives all other rights granted or remedies at law or in equity (including, without limitation, any right to claim a constructive eviction), if and to the extent that Tenant under thismay be entitled to such rights or remedies by reason of such Eviction.

Tenant Termination Rights. If, by reason of an Eviction, 50,000 or more rentable square feet If all of the Casualty Conditions are satisfied and either the repairs cannot, pursuant to the Landlord Repair Estimate Notice, be completed within two hundred seventy (270) days after the date of discovery of the damage (which such repairs are made without the payment of overtime or other premiums, or the damage occurs during the last twelve (12) months of the Lease Term, and, in the reasonable judgment of Landlord, the damage or destruction to the Premises are untenantable or Building cannot be repaired by the date which occurs fifty percent (A50%) for reasons other of the way through the then remaining Lease Term, Tenant may elect, no earlier than Force Majeure for sixty (60) or more consecutive days after notice from Tenant to Landlord, (B) for reasons other the date of the damage and not later than Force Majeure for ninety (90) or more days in any consecutive 12-month period (such reference to ninety (90) days being deemed after the date of such damage, to refer terminate this Lease by written notice to Landlord effective as of the number date specified in the notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after the date such notice is given by Tenant. Furthermore, if all of days that the applicable space is so untenantable after Casualty Conditions are satisfied, neither Landlord nor Tenant has given terminated this Lease, and the repairs required to be completed by Landlord notice are not actually completed within the longer of one (1) year of the date of discovery of the damage, and two (2) months after the date that Landlord originally estimated for completion in the Landlord Repair Estimate Notice, Tenant shall have the right to terminate this Lease during the first five (5) business days of each occurrence calendar month following the end of such untenantability)period until such time as the repairs are complete, or (C) as a result of Force Majeure for three hundred sixty five (365) or more consecutive days after by notice from Tenant to Landlord (such sixty (60the "Damage Termination Notice"), ninety effective as of a date set forth in the Damage Termination Notice (90the "Damage Termination Date"), which Damage Termination Date shall not be less than ten (10) and three hundred sixty five (365) day periods to be extended for up to an additional business days nor more than ninety (90) days during which time Landlord is diligently prosecuting to cure the cause of such untenantability), then in each such case Tenant may, by notice given to Landlord on or before the earlier to occur of (x) the date that the applicable portion of the Premises is rendered tenantable and (y) the date that is thirty (30) days after following the end of each such sixty (60), ninety (90) or three hundred sixty five (365) day period (as so extended), as applicable, terminate this Leasemonth. If Tenant timely gives a termination notice in accordance with this Section 8.26, (time being of In the essence in connection with such termination notice) event this Lease shall terminate on the 20th day after such notice is given by ▇▇▇▇▇▇ and Tenant shall vacate the Premises and surrender the same to Landlord in the same manner required for surrender of the Premises on the Expiration Date terminated in accordance with the terms of this Lease. Upon Section 11.3, Tenant shall assign to Landlord (or to any such termination, Tenant’s liability for Fixed Rent and Additional Charges hereunder with respect to the Premises shall cease as of the date of such termination, and any prepaid portion of Rent with respect to the Premises for any period after such date shall be refunded party designated by Landlord Landlord) all insurance proceeds payable to Tenant within thirty under Tenant's insurance required under items (30ii) days after Landlord receives Tenant’s termination notice. In the event and (iii) of any termination Section 10.3.2 of this Lease under. this Section 8.26, Tenant shall pay to Landlord the amount, if any, due in accordance with Section 7.06 above. Any notice given by Tenant pursuant to this Section 8.26 as that are attributable to the occurrence of an Eviction which renders all or a portion of the Premises untenantable shall not be effective unless such notice expressly states that such notice is being given pursuant to this Section 8.26 and that Tenant may have the right to terminate this Lease in accordance with the provisions of this Section 8.26. The rights granted Tenant under thisunamortized Improvement Allowance.

Tenant Termination Rights. If, by reason of an Eviction, 50,000 or more rentable square feet (i) If all of the Premises Casualty Conditions are untenantable satisfied and the repairs cannot, pursuant to Landlord's Repair Estimate Notice, be completed within one hundred eighty (A180) for reasons other than Force Majeure for sixty (60) or more consecutive days after notice from the date of discovery of the damage or (ii) the damage occurs during the last twelve (12) months of the Lease Term, Tenant to Landlordmay elect, (B) for reasons other not later than Force Majeure for ninety (90) or more days in any consecutive 12-month period (such reference to the later of ninety (90) days being deemed to refer to after the number of days that the applicable space is so untenantable after Tenant has given Landlord notice of each occurrence date of such untenantability)damage or receipt of Landlord's Repair Estimate, or (C) as a result of Force Majeure for three hundred sixty five (365) or more consecutive days after to terminate this Lease by written notice from Tenant to Landlord (such sixty (60), ninety (90) and three hundred sixty five (365) day periods to be extended for up to an additional ninety (90) days during which time Landlord is diligently prosecuting to cure the cause effective as of such untenantability), then in each such case Tenant may, by notice given to Landlord on or before the earlier to occur of (x) the date that specified in the applicable portion of the Premises is rendered tenantable and (y) the notice, which date that is shall not be less than thirty (30) days after the end of such nor more than sixty (60), ninety (90) or three hundred sixty five (365) day period (as so extended), as applicable, terminate this Lease. If Tenant timely gives a termination notice in accordance with this Section 8.26, (time being of days after the essence in connection with such termination notice) this Lease shall terminate on the 20th day after date such notice is given by ▇▇▇▇▇▇ ▇. Furthermore, if all of the Casualty Conditions are satisfied, neither Landlord nor Tenant has terminated this Lease, and the repairs required to be completed by Landlord are not actually completed within the longer of two hundred ten (210) days of the date of discovery of the damage, and two (2) months after the date that Landlord originally estimated for completion in the Landlord Repair Estimate Notice, Tenant shall vacate have the Premises and surrender right to terminate this Lease during the same first five (5) business days of each calendar month following the end of such period until such time as the repairs are complete, by notice to Landlord (the "Damage Termination Notice"), effective as of a date set forth in the same manner required for surrender Damage Termination Notice (the "Damage Termination Date"), which Damage Termination Date shall not be less than ten (10) business days nor more than ninety (90) days following the end of each such month. In the Premises on the Expiration Date event this Lease is terminated in accordance with the terms of this Lease. Upon Section 11.3.2, Tenant shall assign to Landlord (or to any such termination, Tenant’s liability for Fixed Rent and Additional Charges hereunder with respect to the Premises shall cease as of the date of such termination, and any prepaid portion of Rent with respect to the Premises for any period after such date shall be refunded party designated by Landlord Landlord) all insurance proceeds payable to Tenant within thirty under Tenant's insurance required under items (30ii) days after Landlord receives Tenant’s termination notice. In the event and (iii) of any termination Section 10.3.2 of this Lease under. this Section 8.26(but expressly excluding Tenant's Property Tenant's Off-Premises Equipment, Tenant shall pay to Landlord the amount, if any, due in accordance with Section 7.06 above. Any notice given by Tenant pursuant to this Section 8.26 as to the occurrence of an Eviction which renders all or a portion of the Premises untenantable shall not be effective unless such notice expressly states that such notice is being given pursuant to this Section 8.26 and that Tenant may have the right to terminate this Lease in accordance with the provisions of this Section 8.26. The rights granted Tenant under thisSpecialized Systems).