Common use of Landlord’s Right to Recapture Clause in Contracts

Landlord’s Right to Recapture. Notwithstanding any contrary provision hereof, except in the case of a Permitted Transfer (defined in Section 14.8), Landlord, by notifying Tenant within 30 days after receiving the Transfer Notice, may terminate this Lease with respect to the Contemplated Transfer Space as of the Contemplated Effective Date; provided, however, Tenant, within 5 days after receipt of Landlord’s notice of intent to recapture the Contemplated Transfer Space, may withdraw its request for consent to the Transfer. In that event, Landlord’s election to recapture the Premises (or applicable portion thereof) shall be null and void and of no force and effect. If the Contemplated Transfer Space is less than the entire Premises, then Base Rent, Tenant’s Share, and the number of parking spaces to which Tenant is entitled under Section 1.9 shall be deemed adjusted on the basis of the percentage of the rentable square footage of the Premises retained by Tenant. Upon request of either party, the parties shall execute a written agreement prepared by Landlord memorializing such termination.

Appears in 2 contracts

Sources: Office Lease Agreement (Cardiodx Inc), Office Lease Agreement (Cardiodx Inc)

Landlord’s Right to Recapture. Notwithstanding any contrary provision hereof, except in the case of a Permitted Transfer (defined in Section 14.8), Landlord, by notifying Tenant within 30 days after receiving the Transfer Notice, may terminate this Lease with respect to the Contemplated Transfer Space as of the Contemplated Effective Date; provided, however, Tenant, within 5 days after receipt of Landlord’s notice of intent to recapture the Contemplated Transfer Space, may withdraw its request for consent to the Transfer. In that event, Landlord’s election to recapture the Premises (or applicable portion thereof) shall be null and void and of no force and effect. If the Contemplated Transfer Space is less than the entire Premises, then Base Rent, Tenant’s Share, and the number of parking spaces to which Tenant is entitled under Section 1.9 shall be deemed adjusted on the basis of the percentage of the rentable square footage of the Premises retained by Tenant. Upon request of either party, the parties shall execute a written agreement prepared by Landlord memorializing such termination.. Notwithstanding anything to the contrary in this Section 14.4, if Landlord notifies Tenant of its election to terminate this Lease with respect to the Contemplated Transfer Space, then Tenant may, within 5 days of its receipt of Landlord’s notice, revoke Tenant’s Transfer Notice and Landlord shall no longer have the right to terminate this

Appears in 1 contract

Sources: Office Lease (Optimer Pharmaceuticals Inc)