Common use of Early Termination Right Clause in Contracts

Early Termination Right. Provided that at the time Tenant exercises any right under this section no uncured Event of Default exists, nor any condition exists that with the passage of time or the giving of notice or both would constitute an Event of Default under the Lease, Tenant shall have the right to terminate this Lease prior to its scheduled expiration by giving Landlord at least six months’ prior written notice of such termination (which notice must be given, for example, no later than January 31, 2013 in order to effect a termination on July 31, 2013). If Tenant exercises its right under this Section to terminate the Lease early, Tenant shall pay to Landlord an Early Termination Penalty, which Tenant must submit to Landlord at the time such notice is given, pursuant to following schedule: (a) Tenant may exercise its right under this Section to terminate the Lease effective August 31, 2013 by providing Landlord with an Early Termination Penalty of $17,784.00, (b) Tenant may exercise its right under this Section to terminate the Lease effective February 28, 2014 by providing Landlord with an Early Termination Penalty of $13,338.00, (c) Tenant may exercise its right under this Section to terminate the Lease effective August 31, 2014 by providing Landlord with an Early Termination Penalty of $9,139.00, (d) Tenant may exercise its right under this Section to terminate the Lease effective February 28, 2015 by providing Landlord with an Early Termination Penalty of $4,569.50, (e) If Tenant relocates into another property where ▇▇▇▇▇▇▇ Development Company is general partner, then Landlord shall waive the Early Termination Penalty.

Early Termination Right. Provided that at the time Tenant exercises any right under this section no uncured Event of Default exists, nor any condition exists that with the passage of time or the giving of notice or both would constitute an Event of Default under the Lease, Tenant shall have the a one-time right to terminate this Lease prior (the “Termination Right”) effective as 11:59 p.m. on the last day of the thirty-ninth (39th) month after Commencement Date (the “Early Termination Date”) provided that: (a) no Event of Default has occurred under this Lease; (b) Tenant delivers to its scheduled expiration by giving Landlord at least six months’ prior written notice of such termination (which notice must be given, for example, Tenant’s exercise of the Early Termination Right no later than January 31six (6) months prior to the Early Termination Date; and (c) Tenant delivers to Landlord, 2013 in order together with its written exercise the Early Termination Right, the Landlord’s Unamortized Transaction Costs. If Tenant satisfies each of the foregoing obligations, then this Lease shall terminate as of the Early Termination Date and Tenant shall satisfy all of its obligations hereunder with respect to effect a termination on July 31the surrender and delivery of the Premises 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, 2013)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 under this Section to terminate expand the Lease early, Tenant shall pay Premises to Landlord an Early Termination Penalty, which Tenant must submit to Landlord at include all or any portion of the time such notice is given, Expansion Space pursuant to following schedule: (a) Tenant may Section 27.1 or exercises the ROFO pursuant to Section 27.2 prior to electing to exercise its right under this Section to terminate the Lease effective August 31, 2013 by providing Landlord with an Early Termination Penalty of $17,784.00, (b) Tenant may exercise its right under this Section to terminate the Lease effective February 28, 2014 by providing Landlord with an Early Termination Penalty of $13,338.00, (c) Tenant may exercise its right under this Section to terminate the Lease effective August 31, 2014 by providing Landlord with an Early Termination Penalty of $9,139.00, (d) Tenant may exercise its right under this Section to terminate the Lease effective February 28, 2015 by providing Landlord with an Early Termination Penalty of $4,569.50, (e) If Tenant relocates into another property where ▇▇▇▇▇▇▇ Development Company is general partner, then Landlord shall waive the Early Termination PenaltyRight, 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.

Early Termination Right. Provided that at Notwithstanding anything to the time Tenant exercises any right contrary in the Lease as heretofore amended and under this section no uncured Event of Default exists, nor any condition exists that with the passage of time or the giving of notice or both would constitute an Event of Default under the LeaseFourth Amendment, Tenant shall have the right in its sole and absolute discretion to terminate this Lease prior to its scheduled expiration by giving Landlord at least six months’ effective on June 30, 2017 (the ”Early Termination Date”) upon prior written notice of such termination (which notice must be given, for example, given to Landlord no later than January 315:00 p.m. on March 1, 2013 in order to effect a termination on July 31, 20132017 (the “Termination Notice”). If Tenant exercises its right under this Section elects to terminate give Landlord such a Termination Notice, the Lease earlyshall 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 Tenant agrees to observe all the terms of the Lease regarding vacation and condition of the Premises upon expiration of the Term in any such case. In consideration of the termination right granted to Tenant hereunder, Tenant shall agrees to pay to Landlord on the date 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 Fee when and as required under this 4.1 is an Early Termination Penalty, which express condition precedent to Tenant’s effective exercise of its termination option hereunder; and if Tenant must submit fails to Landlord at the time such notice is given, pursuant to following schedule: (a) Tenant may exercise its right under this Section to terminate termination option when and as provided hereunder, including timely payment of the Termination Fee, Tenant’s exercise of its termination option shall be void and of no effect, and the Lease effective August 31, 2013 by providing Landlord with an Early Termination Penalty shall remain in effect as if Tenant had not attempted the exercise of $17,784.00, (b) Tenant may exercise its right under termination option. Time is of the essence of this Section to terminate the Lease effective February 28, 2014 by providing Landlord with an Early Termination Penalty of $13,338.00, (c) Tenant may exercise its right under this Section to terminate the Lease effective August 31, 2014 by providing Landlord with an Early Termination Penalty of $9,139.00, (d) Tenant may exercise its right under this Section to terminate the Lease effective February 28, 2015 by providing Landlord with an Early Termination Penalty of $4,569.50, (e) If Tenant relocates into another property where ▇▇▇▇▇▇▇ Development Company is general partner, then Landlord shall waive the Early Termination Penalty4.1.

Early Termination Right. Provided that at Notwithstanding anything to the time Tenant exercises any right contrary in the Lease as heretofore amended and under this section no uncured Event of Default exists, nor any condition exists that with the passage of time or the giving of notice or both would constitute an Event of Default under the LeaseFourth Amendment, Tenant shall have the right in its sole and absolute discretion to terminate this Lease prior to its scheduled expiration by giving Landlord at least six months’ effective on June 30, 2017 (the ”Early Termination Date”) upon prior written notice of such termination (which notice must be given, for example, given to Landlord no later than January 315:00 p.m. on March 1, 2013 in order to effect a termination on July 31, 20132017 (the “Termination Notice”). If Tenant exercises its right under this Section elects to terminate give Landlord such a Termination Notice, the Lease early, Tenant shall pay to Landlord an terminate on the Early Termination Penalty, which Tenant must submit to Landlord at Date with the time such notice is given, pursuant to following schedule: (a) Tenant may exercise its right under this Section to terminate same effect as if the Term of the Lease effective August 31, 2013 by providing Landlord with an had expired on the Early Termination Penalty of $17,784.00, (b) Tenant may exercise its right under this Section to terminate the Lease effective February 28Date, 2014 by providing Landlord with an Early Termination Penalty of $13,338.00, (c) Tenant may exercise its right under this Section to terminate the Lease effective August 31, 2014 by providing Landlord with an Early Termination Penalty of $9,139.00, (d) Tenant may exercise its right under this Section to terminate the Lease effective February 28, 2015 by providing Landlord with an Early Termination Penalty of $4,569.50, (e) If Tenant relocates into another property where ▇and ▇▇▇▇▇▇ Development Company agrees to observe all the terms of the Lease regarding vacation and condition of the Premises upon expiration of the Term in any such case. In consideration of the termination right granted to Tenant hereunder, ▇▇▇▇▇▇ agrees to pay to Landlord on the date 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 Fee when and as required under this 4.1 is general partneran express condition precedent to Tenant’s effective exercise of its termination option hereunder; and if Tenant fails to exercise its termination option when and as provided hereunder, then Landlord including timely payment of the Termination Fee, Tenant’s exercise of its termination option shall waive be void and of no effect, and the Early Termination PenaltyLease shall remain in effect as if Tenant had not attempted the exercise of its termination option.Time is of the essence of this 4.1. 07/29/2016 (SUNESIS PHARMACEUTICALS INC) Source 2.3.3

Early Termination Right. Provided that at Notwithstanding anything to the time Tenant exercises any right under contrary in this section no uncured Event of Default exists, nor any condition exists that with the passage of time or the giving of notice or both would constitute an Event of Default under the Lease, Tenant shall have the right in its sole and absolute discretion to terminate this Lease prior to its scheduled expiration by giving Landlord at least six months’ effective on June 30, 2012 (the “Early Termination Date”) upon prior written notice of such termination (which notice must be givengiven to Landlord not earlier than September 30, for example2011, no and not later than January 31February 28, 2013 in order to effect a termination on July 31, 20132012 (the “Termination Notice”). If Tenant exercises its right under this Section elects to terminate give Landlord such a Termination Notice, the Lease earlyshall 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 Tenant agrees to observe all the terms of the Lease regarding vacation and condition of the Premises upon expiration of the Term in any such case. In consideration of the termination right granted to Tenant hereunder, Tenant shall agrees to pay to Landlord on the date 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 Fee when and as required under this §1.4.1 is an Early Termination Penalty, which express condition precedent to Tenant’s effective exercise of its termination option hereunder; and if Tenant must submit fails to Landlord at the time such notice is given, pursuant to following schedule: (a) Tenant may exercise its right under this Section to terminate termination option when and as provided hereunder, including timely payment of the Termination Fee, Tenant’s exercise of its termination option shall be void and of no effect, and the Lease effective August 31, 2013 by providing Landlord with an Early Termination Penalty shall remain in effect as if Tenant had not attempted the exercise of $17,784.00, (b) Tenant may exercise its right under termination option. Time is of the essence of this Section to terminate the Lease effective February 28, 2014 by providing Landlord with an Early Termination Penalty of $13,338.00, (c) Tenant may exercise its right under this Section to terminate the Lease effective August 31, 2014 by providing Landlord with an Early Termination Penalty of $9,139.00, (d) Tenant may exercise its right under this Section to terminate the Lease effective February 28, 2015 by providing Landlord with an Early Termination Penalty of $4,569.50, (e) If Tenant relocates into another property where ▇▇▇▇▇▇▇ Development Company is general partner, then Landlord shall waive the Early Termination Penalty§1.4.1.