Common use of Tenant's Notice; Landlord's Right to Terminate Clause in Contracts

Tenant's Notice; Landlord's Right to Terminate. Tenant shall advise Landlord, by written notice, of its intention from, on and after a stated date (which date shall not be less than sixty (60) days after the date of Tenant's notice) to assign this Lease or to sublet any part or all of the Premises for the balance of any part of the Term. If at any time Tenant sends notice to Landlord of a prospective assignment or a sublease, the effect of which would result in more than fifty percent (50%) of the rentable square footage of the Premises to be subject to one or more subleases, Landlord shall have the right, to be exercised by Landlord giving written notice to Tenant within thirty (30) days after receipt by Landlord of Tenant's notice, to recapture all of the Premises (in the case of a proposed assignment) or any part of the Premises described in Tenant's notice (in the case of a proposed sublease) and such recapture notice, if given, shall terminate this Lease (in the case of a proposed assignment) or that portion of the Premises described in Tenant's notice (in the case of a proposed sublease) as of the date stated in Tenant's notice. Tenant's notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant's notice covers all of the space hereby demised, and if Landlord gives the aforesaid recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant's notice as fully and completely as if that date had been definitely fixed herein for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant's Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect.

Tenant's Notice; Landlord's Right to Terminate. Tenant Tenant, by notice in writing, shall advise Landlord, by written notice, Landlord of its intention from, on and after a stated date (which date shall not be less than sixty thirty (6030) days after the date of Tenant's ’s notice) to assign this Lease or to sublet any part or all of the Premises for the balance of or any part of the TermTerm (the “Assignment/Sublet Notice”), and, in such event, and within ten (10) business days after Landlord’s receipt of the Assignment/Sublet Notice, Landlord shall inform Tenant in writing whether or not (the “Recapture Response”) Landlord will exercise its recapture right as set forth in this Section 13.4. If at any time Tenant sends notice Landlord indicates in the Recapture Response that Landlord will not exercise its recapture right or Landlord fails to respond to the Assignment/Sublet Notice, Landlord shall not have the right of a prospective recapture with respect to such proposed assignment or a subleasesublet, the effect of which would result in more than fifty percent (50%) of the rentable square footage of the Premises to provided however that such assignment or sublet shall be subject to one or more subleasesthe other provisions of this Article 13. If Landlord indicates in the Recapture Response that it desires to exercise its recapture right as set forth in this Section 13.4, Tenant may within ten (10) days after its receipt of the Recapture Response withdraw its Assignment/Sublet Notice and the Term of the Lease shall continue as if Tenant had not provided any such Assignment/Sublet Notice. In the event Tenant does not withdraw its Assignment/Sublet Notice, then Landlord shall have the right, to be exercised by Landlord giving written notice to Tenant within thirty (30) days after receipt by Landlord delivery of Tenant's noticethe Recapture Response, to recapture all of the Premises (in the case of a proposed assignment) or any part of the Premises space described in Tenant's notice (in the case of a proposed sublease) ’s Assignment/Sublet Notice and such recapture notice, if given, shall terminate this Lease (in with respect to the case of a proposed assignment) or that portion of the Premises space therein described in Tenant's notice (in the case of a proposed sublease) as of the date stated in Tenant's ’s notice. Tenant's notice ’s Assignment/Sublet Notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant's ’s notice covers all of the space hereby demised, and if Landlord gives the aforesaid its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant's notice ’s Assignment/Sublet Notice as fully and completely as if that date had been herein definitely fixed herein for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant's ’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant's Notice; Landlord's Right to Terminate. Tenant Tenant, by notice in writing, shall advise Landlord, by written notice, Landlord of its intention from, on and after a stated date (which date shall not be less than sixty thirty (6030) days after the date of Tenant's notice) to assign this Lease or to sublet any part or all of the Premises for the balance of or any part of the Term. If at any time Tenant sends notice Term and shall deliver to Landlord a copy of a prospective the proposed agreement. In the event of such notice from Tenant for assignment of all of the Premises or a sublease, the effect sublet of which would result in more than fifty percent (50%) of the rentable square footage of the Premises to be subject to one or more subleasesPremises, Landlord shall have the right, to be exercised by Landlord giving written notice to Tenant ("Recapture Notice") within thirty ten (3010) days after receipt by Landlord of Tenant's notice, to recapture all of the Premises if an assignment or such sublease space if a sublet of more than fifty percent (in the case of a proposed assignment50%) or any part of the Premises described in Tenant's notice (in the case of a proposed sublease) and such recapture notice, if given, shall terminate this Lease (a) in the case its entirety and except for obligations of Tenant hereunder intended to survive a proposed assignmenttermination of this Lease, with no further obligations of Tenant to Landlord hereunder if an assignment of this Lease, (b) or that with respect to the space therein described as to a sublet of more than fifty percent (50%) of the Premises, except for obligations of Tenant hereunder intended to survive a termination of this Lease with respect to the sublease portion of the Premises described in Tenant's notice (in recaptured by Landlord and all obligations of Tenant with respect to the case balance of a proposed sublease) the Premises not recaptured by Landlord as of the date stated in Tenant's notice, provided, however, in the event Tenant notifies Landlord within five (5) business days of receipt of Landlord's Recapture Notice of Tenant's withdrawal of its request to sublease or assign the Premises ("Withdrawal Notice"), Landlord's Recapture Notice shall be of no further force and effect, Tenant shall not have the right to so sublease or assign the requested interest in the Premises and this Lease shall remain in full force and effect. Tenant's notice shall state the name and address of the proposed subtenant or assignee, and contain a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant's notice covers all of the space hereby demised, and if Landlord gives the aforesaid its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant's notice as fully and completely as if that date had been herein definitely fixed herein for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant's Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant's Notice; Landlord's Right to Terminate. Tenant Tenant, by notice in writing, shall advise Landlord, by written notice, Landlord of its intention from, on and after a stated date (which date shall not be less than sixty (60) days after the date of Tenant's ’s notice) to assign this Lease or to sublet any part or all of the Premises for the balance of or any part of the Term. If at any time Tenant sends notice to Landlord of a prospective assignment or a sublease, the effect of which would result and, in more than fifty percent (50%) of the rentable square footage of the Premises to be subject to one or more subleasessuch event, Landlord shall have the right, to be exercised by Landlord giving written notice to Tenant within thirty (30) days after receipt by Landlord of Tenant's ’s notice, to recapture all of the Premises (in the case of a proposed assignment) or any part of the Premises space described in Tenant's ’s notice (in the case of a proposed sublease) and such recapture notice, if given, shall terminate this Lease (in with respect to the case of a proposed assignment) or that portion of the Premises space therein described in Tenant's notice (in the case of a proposed sublease) as of the date stated in Tenant's ’s notice. Tenant's ’s notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant's ’s notice covers all of the space hereby demised, and if Landlord gives the aforesaid its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant's ’s notice as fully and completely as if that date had been herein definitely fixed herein for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant's ’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant's Notice; Landlord's Right to Terminate. Tenant Tenant, by notice in writing, shall advise Landlord, by written notice, Landlord of its intention from, on and after a stated date (which date shall not be less than sixty thirty (6030) days after the date of Tenant's ’s notice) to assign this Lease or sublet all or any portion of the Premises. If Tenant intends to sublet assign this Lease or sublease all or any part or all portion of the Premises for the balance of any part or Substantially the Balance of the Term. If at Term (as hereinafter defined), and in the event any time proposed assignee or sublessee is not an entity to whom Tenant sends notice has the right to Landlord of assign the Lease or sublet the Premises without Landlord’s consent pursuant to Section 13.05 below, and if the transaction is a prospective assignment or a subleaseproposed sublet, and in conjunction with any other previous sublet consented to by Landlord, such proposed sublet in the effect of which would result in more than fifty aggregate exceeds twenty-five percent (5025%) of the rentable square footage Premises or in the event of the Premises to be subject to one or more subleasesan Assignment of this Lease, Landlord shall have the rightone-time right as to the transaction in question, to be exercised by Landlord giving written notice to Tenant (“Recapture Notice”) within thirty five (305) business days after receipt by Landlord of Tenant's ’s notice, to recapture all of the Premises (in the case of a proposed assignment) or any part of the Premises space described in Tenant's ’s notice (in and the case of a proposed sublease) and such recapture noticeRecapture Notice, if given, shall terminate this Lease (in with respect to the case of a proposed assignment) or that portion of the Premises space therein described in Tenant's notice (in the case of a proposed sublease) as of the date stated in Tenant's ’s notice, provided, however, in the event Tenant notifies Landlord within five (5) business days of receipt of the Recapture Notice of Tenant’s withdrawal of its request to sublease or assign the Premises (“Withdrawal Notice”), the Recapture Notice shall be of no further force and effect, Tenant shall not have the right to so sublease or assign the requested interest in the Premises and this Lease shall remain in full force and effect. In the event Tenant intends to sublease all or part of the Premises or assign this Lease to a third party, Tenant's ’s notice shall state the name and address of the proposed subtenant or assignee, and contain a true and complete copy of the proposed sublease or assignment and contain sufficient information to permit Landlord to determine the financial responsibility and character business of the proposed subtenant or assignee shall be delivered to Landlord with said noticeassignee. If Tenant's ’s notice covers all of the space hereby demised, and if Landlord gives the aforesaid recapture notice Recapture Notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant's ’s notice as fully and completely as if that date had been herein definitely fixed herein for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant's ’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect.; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises. For purposes of this Section 13.04, the term “Substantially the Balance of

Tenant's Notice; Landlord's Right to Terminate. Tenant Tenant, by notice in writing, shall advise Landlord, by written notice, Landlord of its intention from, on and after a stated date (which date shall not be less than sixty (60) days after the date of Tenant's notice) to assign this Lease or to sublet any part or all of the Premises for the balance of or any part of the Term. If at any time Tenant sends notice to Landlord of a prospective assignment or a sublease, the effect of which would result and, in more than fifty percent (50%) of the rentable square footage of the Premises to be subject to one or more subleasessuch event, Landlord shall have the right, to be exercised by Landlord giving written notice to Tenant within thirty (30) days after receipt by Landlord of Tenant's notice, to recapture all of the Premises (in the case of a proposed assignment) or any part of the Premises space described in Tenant's notice (in the case of a proposed sublease) and such recapture notice, if given, shall terminate this Lease (in with respect to the case of a proposed assignment) or that portion of the Premises space therein described in Tenant's notice (in the case of a proposed sublease) as of the date stated in Tenant's notice. Tenant's notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant's notice covers all of the space hereby demised, and if Landlord gives the aforesaid its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant's notice as fully and completely as if that date had been herein definitely fixed herein for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant's Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant's Notice; Landlord's Right to Terminate. Tenant shall advise Landlordshall, by written noticenotice in writing, advise Landlord of its intention from, on and after a stated date (which date shall not be less than sixty (60) days after the date of Tenant's ’s notice) to assign this Lease or to sublet any part or all of the Premises for the balance of any part of the Term, and in such event. If at any time Tenant sends notice to Landlord of a prospective assignment or a sublease, the effect of which would result in more than fifty percent (50%) of the rentable square footage of the Premises to be subject to one or more subleases, Landlord shall have the right, to be exercised by Landlord giving written notice to Tenant within thirty (30) days after receipt by Landlord of Tenant's ’s notice, to recapture all of the Premises (in the case of a proposed assignment) or any part of the Premises space described in Tenant's ’s notice (in the case of a proposed sublease) and such recapture noticenotice shall, if given, shall terminate this Lease (in with respect to the case of a proposed assignment) or that portion of the Premises space therein described in Tenant's notice (in the case of a proposed sublease) as of the date stated in Tenant's ’s notice. Tenant's ’s said notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant's ’s notice covers shall cover all of the space hereby demised, and if Landlord gives shall give the aforesaid recapture notice with respect thereto, the Term of this Lease shall expire and end on the date stated in Tenant's ’s notice as fully and completely as if that date had been herein definitely fixed herein for the expiration of the Term. If, however, this Lease is be terminated pursuant to the foregoing with respect to less than the entire Premises, the Base Rent and Tenant's ’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect. If Landlord, upon receiving Tenant’s said notice with respect to any such space requiring Landlord’s consent, shall not exercise its right to terminate as aforesaid, Landlord will not unreasonably withhold its consent to Tenant’s assignment of this Lease or subletting the space covered by its notice, as provided in Section 8.1 above.

Tenant's Notice; Landlord's Right to Terminate. Tenant Tenant, by notice in writing, shall advise Landlord, by written notice, Landlord of its intention from, on and after a stated date (which date shall not be less than sixty thirty (6030) days after the date of Tenant's notice) to assign this Lease or to sublet any part or all of the Premises for the balance of or any part of the Term. If at any time Tenant sends notice to Landlord of a prospective assignment or a sublease, the effect of which would result and, in more than fifty percent (50%) of the rentable square footage of the Premises to be subject to one or more subleasessuch event, Landlord shall have the right, to be exercised by Landlord giving written notice to Tenant within thirty fifteen (3015) days after receipt by Landlord of Tenant's notice, to recapture all of the Premises (in the case of a proposed assignment) or any part of the Premises space described in Tenant's notice (in the case of a proposed sublease) and such recapture notice, if given, shall terminate this Lease (in with respect to the case of a proposed assignment) or that portion of the Premises space therein described in Tenant's notice (in the case of a proposed sublease) as of the date stated in Tenant's notice. Tenant's notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant's notice covers all of the space hereby demised, and if Landlord gives the aforesaid its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant's notice as fully and completely as if that date had been herein definitely fixed herein for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant's Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect.

Tenant's Notice; Landlord's Right to Terminate. Tenant Except in the case of an assignment or subletting to a Subsidiary, Tenant, by notice in writing, shall advise Landlord, by written notice, Landlord of its intention from, on and after a stated date (which date shall not be less than sixty thirty (6030) days after the date of Tenant's notice) to assign this Lease or to sublet any part or all of the Premises for the balance of or any part of the Term. If at any time Tenant sends notice to Landlord of a prospective assignment or a sublease, the effect of which would result and, in more than fifty percent (50%) of the rentable square footage of the Premises to be subject to one or more subleasessuch event, Landlord shall have the right, to be exercised by Landlord giving written notice to Tenant within thirty (30) days after receipt by Landlord of Tenant's notice, to recapture all of the Premises (in the case of a proposed assignment) or any part of the Premises space described in Tenant's notice (in the case of a proposed sublease) and such recapture notice, if given, shall terminate this Lease (in with respect to the case of a proposed assignment) or that portion of the Premises space therein described in Tenant's notice (in the case of a proposed sublease) as of the date stated in Tenant's notice. Tenant's notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee and its experience and ability to operate the Premises for the uses and purposes permitted under this Lease shall be delivered to Landlord with said notice. If Tenant's notice covers all of the space hereby demised, and if Landlord gives the aforesaid its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant's notice as fully and completely as if that date had been herein definitely fixed herein for the expiration of the Term. If, If however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant's Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by TenantTenant of the Premises, and this Lease as so amended shall continue thereafter in full force and effect. Notwithstanding anything contained in this Section 13.3 to the contrary, Landlord shall not have the right to recapture the Premises or terminate this Lease in the case of an assignment or subletting to a Subsidiary.

Tenant's Notice; Landlord's Right to Terminate. Tenant Tenant, by notice in writing, shall advise Landlord, by written notice, Landlord of its intention from, on and after a stated date (which date shall not be less than sixty (60) days after the date of Tenant's ’s notice) to assign this Lease or to sublet any part or all of the Premises for the balance of or any part of the Term. If at any time Tenant sends notice to Landlord of a prospective assignment or a sublease, the effect of which would result and, in more than fifty percent (50%) of the rentable square footage of the Premises to be subject to one or more subleasessuch event, Landlord shall have the right, to be exercised by Landlord giving written notice to Tenant within thirty (30) days after receipt by Landlord of Tenant's ’s notice, to recapture all of the Premises (in the case of a proposed assignment) or any part of the Premises space described in Tenant's ’s notice (in the case of a proposed sublease) and such recapture notice, if given, shall terminate this Lease (in with respect to the case of a proposed assignment) or that portion of the Premises space therein described in Tenant's notice (in the case of a proposed sublease) as of the date stated in Tenant's ’s notice. Tenant's ’s notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. Tenant shall notify Landlord prior to engaging a real estate broker or other real estate consultant in connection with any proposed assignment or sublease, and Landlord shall have the right to approve, in the exercise of reasonable judgment, such real estate broker or other consultant. Any assignment, sublease or encumbrance shall be effected on forms either prepared by Landlord or approved in advance by Landlord, as Landlord may elect. If Tenant's ’s notice covers all of the space hereby demised, and if Landlord gives the aforesaid its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant's ’s notice as fully and completely as if that date had been herein definitely fixed herein for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises, Base Rent and Tenant's ’s Proportionate Share as defined herein shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises.

Tenant's Notice; Landlord's Right to Terminate. Tenant shall shall, ---------------------------------------------- by notice in writing, advise Landlord, by written notice, Landlord of its intention from, on and after a stated date (which date shall not be less than sixty (60) days after the date of Tenant's notice) to assign this Lease or to sublet any part or all of the Premises for the balance of any part of the Term. If at any time Tenant sends notice to Landlord of a prospective assignment or a sublease, the effect of which would result and, in more than fifty percent (50%) of the rentable square footage of the Premises to be subject to one or more subleasessuch event, Landlord shall have the right, to be exercised by Landlord giving written notice to Tenant within thirty (30) days after receipt by Landlord of Tenant's notice, to recapture all of the Premises (in the case of a proposed assignment) or any part of the Premises space described in Tenant's notice (in the case of a proposed sublease) notice, and such recapture noticenotice shall, if given, shall terminate this Lease (in with respect to the case of a proposed assignment) or that portion of the Premises space therein described in Tenant's notice (in the case of a proposed sublease) as of the date stated in Tenant's notice. Tenant's said notice shall state the name and address of the proposed subtenant or assignee, and a true and complete copy of the proposed sublease or assignment and sufficient information to permit Landlord to determine the financial responsibility and character of the proposed subtenant or assignee shall be delivered to Landlord with said notice. If Tenant's notice covers shall cover all of the space hereby demised, and if Landlord gives shall give the aforesaid recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant's notice as fully and completely as if that date had been herein definitely fixed herein for the expiration of the Term. If, however, this Lease is shall be terminated pursuant to the foregoing with respect to less than the entire Premises, Base the Basic Rent and Tenant's Proportionate Share as defined herein share of taxes and all other expenses relating to the maintenance and operation of the Premises shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease Lease, as so amended amended, shall continue thereafter in full force and effect; provided that Tenant shall pay all costs in connection with the physical subdivision of any portion of the Premises. This Section 16.4 shall not apply to any sublet of a portion of the Premises complying with Section 16.9 hereof.