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 terms, 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 months of the Term, and all such late payments have been made within the cure 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 termsAbated 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 months 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 cure periods allowed by full initial Rent payable under this LeaseAgreement.