No Tenant Default. Notwithstanding anything to the contrary contained in this Section 2.3, Tenant shall have no right to exercise the termination right set forth in this Section 2.3 if Tenant is in economic or material non-economic default under this Lease (beyond any applicable notice and cure periods) as of the date of Tenant’s delivery to Landlord of the Termination Notice. If Tenant is in economic or material non-economic default under the Lease (beyond any applicable notice and cure periods) following Tenant’s delivery to Landlord of the Termination Notice but prior to the Termination Date, then, at Landlord’s option, the Termination Notice shall be null and void and of no further force or effect, and Landlord shall have the right to retain that portion of the Termination Fee that is reasonably necessary to make Landlord whole as a result of Tenant’s default and/or the voiding of the Termination Notice.
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Sources: Office Lease (SERVICE-NOW.COM)
No Tenant Default. Notwithstanding anything to the contrary contained in this Section 2.3, Tenant shall have no right to exercise the termination right set forth in this Section 2.3 if Tenant is in economic or material non-economic default under this Lease (beyond any the applicable notice and cure periods) as of the date of Tenant’s 's delivery to Landlord of the Termination Notice. If Tenant is in economic or material non-economic default under the Lease (beyond any the applicable notice and cure periods) following Tenant’s 's delivery to Landlord of the Termination Notice but prior to the Termination Date, then, at Landlord’s 's option, the Termination Notice shall be null and void and of no further force or effect, and Landlord shall have the right to retain that portion of the Termination Fee that is reasonably necessary to make Landlord whole as a result of Tenant’s 's default and/or the voiding of the Termination Notice.
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