Landlord’s Right to Recapture Portion(s) of the Existing Premises Sample Clauses

Landlord’s Right to Recapture Portion(s) of the Existing Premises. (a) Landlord shall have the right, on one or more occasions and from time to time, to recapture one or more portions of the Existing Premises described on Exhibit A-1 (including any rentable square foot portion of the portions of the Existing Premises described on Exhibit A-1) (such right being the “Recapture Option”). Each such portion designated by Landlord for recapture is referred to as a “Recapture Portion” and collectively as the “Recapture Portions”. Landlord shall have the right to select the applicable Recapture Portion subject to and in accordance with Section 4(b) and Section 4(c) below, as applicable, from all or any portion of the following portions of the Existing Premises hereinafter designated by Landlord, from time-to-time, for recapture pursuant to a Recapture Notice (as defined below): (i) the Existing Premises situated in Building 6 (the “Building 6 Premises”); (ii) the Existing Premises situated in Building 8 (the “Building 8 Premises”); and (iii) the Existing Premises subleased (as of the Effective Date) by Tenant to existing third-party subtenants in each of Building 4 (the “Building 4 Subleased Premises”) and Building 6 (the “Building 6 Subleased Premises”, and, collectively, with the Building 4 Subleased Premises, the “Subleased Premises”). Notwithstanding the foregoing, ▇▇▇▇▇▇▇▇’s right to exercise a Recapture Option with respect to the portion of the Existing Premises described as the “2nd Floor Retained Premises” in Section 2(b) of that certain First Amendment to Sublease dated May 14, 2024 (the “Spryte First Sublease Amendment”) between Tenant, as sublandlord, and Spryte Medical, Inc. (“Spryte”), as subtenant, shall be subject to and conditioned upon Landlord recognizing and honoring the expansion rights and rights of first offer granted to Spryte with respect to the 2nd Floor Retained Premises in Section 6 of the Spryte First Sublease Amendment (unless Spryte shall otherwise agree pursuant to the terms of a Direct Lease (as defined below) between Spryte and Landlord). (b) Landlord’s Recapture Option may be exercised by Landlord with respect to all or any portion of the Recapture Portions of the Existing Premises (which, for avoidance of doubt, excludes the Building 10 and Building 12 Premises), provided: (i) if applicable, the terms applicable herein with respect to a Partial Recapture Option (as hereinafter defined) under Section 4(c) below are satisfied and (ii) to the extent a Recapture Option is being exercised in respect ...
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Related to Landlord’s Right to Recapture Portion(s) of the Existing Premises

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Definitions As used in this Agreement, the following terms shall have the following meanings: