Common use of Options to Terminate Clause in Contracts

Options to Terminate. (a) Notwithstanding the New Expiration Date as set forth herein, Tenant shall have the right exercisable at any time after March 1, 2024, to terminate the remainder of the Term of this Lease, upon giving at least twelve (12) months’ prior written notice to Landlord. Within thirty (30) days after the date of actual termination of this Lease as a result of Tenant’s exercise of its early termination right set forth in this Section 18(a), Tenant shall pay to Landlord (i) nine (9) months of then-applicable Fixed Annual Rent and Additional Rent installments and (ii) the unamortized portion of the brokerage commission paid by Landlord pursuant to Section 17 herein, after Landlord renders to Tenant a statement therefor. (b) Tenant shall have the right to terminate this First Amendment by written notice (the “▇▇▇ Termination Notice”) to Landlord given on or before February 28, 2014 (the “▇▇▇ Deadline”), if ▇▇▇ (I) fails to agree to grant all of the Tax Accommodations or (II) imposes requirements or restrictions upon Tenant materially greater than those currently imposed under the Company Lease and the ▇▇▇ Lease. Failure of Tenant to give the ▇▇▇ Termination Notice by the ▇▇▇ Deadline shall constitute Tenant’s waiver of its termination right as set forth in this Section 18(b) of this First Amendment. Provided Tenant has properly given the ▇▇▇ Termination Notice, such termination shall be effective upon not less than thirty (30) days after Tenant provides written notice of termination to Landlord. Upon such termination of this First Amendment, the Tenant’s use and occupancy of the Demised Premises shall continue in accordance with the terms and conditions of the Lease as if this First Amendment never existed. In such case, Landlord shall back ▇▇▇▇ Tenant and Tenant shall pay within thirty (30) days after receipt of invoice therefor, all Rent (including, without limitation, installments of Fixed Annual Rent) that would have come due under the Lease without this First Amendment, dating back to the Amendment Date, September 1, 2013.

Options to Terminate. (a) Notwithstanding the New Expiration Date as set forth hereinProvided Tenant is not in Default hereunder, Tenant shall have the right exercisable at any time after March 1, 2024, option to terminate this Lease effective as of March 31, 2008 (the remainder “First Option to Terminate”), or effective as of March 31, 2010 (the Term of this Lease, upon “Second Option to Terminate”). Such option shall be exercised by (i) Tenant’s giving at least twelve (12) months’ prior written notice to Landlord. Within thirty Landlord of its intention to terminate on or before June 30, 2007, with respect to the First Option to Terminate, or June 30, 2009, with respect to the Second Option to Terminate, and (30ii) days after the date of actual termination of this Lease as a result of Tenant’s exercise of its early termination right set forth in this Section 18(a), Tenant shall pay payment to Landlord (i) of an amount equal to the sum of nine (9) months of the then-applicable Fixed current gross rent with respect to the First Option to Terminate, or an amount equal to the sum of four (4) months of the then-current gross rent with respect to the Second Option to Terminate. Such payment shall be payable to Landlord fifty percent (50%) at the time Tenant provides written notice to Landlord of its intention to terminate and fifty percent (50%) on or before the effective date of termination. Such payment is made in consideration for Landlord’s grant of this option to terminate, to compensate Landlord for rental and other concessions given to Tenant, and for other good and valuable consideration. Such payment shall not in any manner affect Tenant’s obligations to pay Minimum Annual Rent and Additional Rent installments or to perform its obligations under the Lease up to and (ii) including the unamortized portion effective date of the brokerage commission paid by Landlord pursuant to Section 17 hereintermination. If such option is validly exercised, after Landlord renders to Tenant a statement therefor. (b) then upon such termination, Tenant shall have surrender the right to terminate this First Amendment by written notice (the “▇▇▇ Termination Notice”) Leased Premises to Landlord given on or before February 28, 2014 (the “▇▇▇ Deadline”), if ▇▇▇ (I) fails to agree to grant all of the Tax Accommodations or (II) imposes requirements or restrictions upon Tenant materially greater than those currently imposed under the Company Lease and the ▇▇▇ Lease. Failure of Tenant to give the ▇▇▇ Termination Notice by the ▇▇▇ Deadline shall constitute Tenant’s waiver of its termination right as set forth in this Section 18(b) of this First Amendment. Provided Tenant has properly given the ▇▇▇ Termination Notice, such termination shall be effective upon not less than thirty (30) days after Tenant provides written notice of termination to Landlord. Upon such termination of this First Amendment, the Tenant’s use and occupancy of the Demised Premises shall continue in accordance with the terms of this Lease and conditions each party shall be released from further liability hereunder; provided, however, that such termination shall not affect any right or obligation arising prior to termination or which survives termination of the Lease as if this First Amendment never existed. In such case, Landlord shall back ▇▇▇▇ Tenant and Tenant shall pay within thirty (30) days after receipt of invoice therefor, all Rent (including, without limitation, installments of Fixed Annual Rent) that would have come due under the Lease without this First Amendment, dating back to the Amendment Date, September 1, 2013Lease.”

Options to Terminate. (a) Notwithstanding the New Expiration Date as set forth hereinSections 2 and 16 above, Tenant shall have the right exercisable at any time after March 1, 2024, two (2) options to terminate this Lease with respect to the remainder entirety of the Term of Premises which options may be exercised by Tenant in its sole and absolute discretion. If Tenant exercises the first option to terminate this LeaseLease (the “First Termination Option”), upon giving at least twelve (12) months’ prior written notice to Landlord. Within thirty (30) days after then the effective date of actual the Lease termination of shall be October 31, 2010. The First Termination Option shall be exercised, if at all, by notice (a “Termination Notice”) given to Landlord not later than October 31, 2009. In the event Tenant does not elect to exercise the First Termination Option, Tenant shall have a second opportunity to terminate this Lease (the “Second Termination Option”). The effective date of the Second Termination Option shall be October 31, 2012. The Second Termination Option shall be exercised, if at all, by a Termination Notice given to Landlord no later than October 31, 2011. Tenant’s termination options granted herein shall, in no event, be subject to dilution or forfeiture as a result of Tenant’s exercise of its early termination right set forth in this Section 18(a), Tenant shall pay to Landlord any (i) nine (9) months of then-applicable Fixed Annual Rent and Additional Rent installments and creditworthiness test; (ii) the unamortized occurrence of any prior Event(s) of Default which Event(s) of Default did not result in a termination of the Lease; or (iii) any previous sublease or requested subletting of all or any portion of the brokerage commission paid by Landlord pursuant to Section 17 herein, after Landlord renders to Tenant a statement therefor. (b) Tenant shall have the right to terminate this First Amendment by written notice (the “▇▇▇ Premises. No Termination Notice”) Notice delivered to Landlord given on or before February 28, 2014 (the “▇▇▇ Deadline”), if ▇▇▇ (I) fails to agree to grant all of the Tax Accommodations or (II) imposes requirements or restrictions upon Tenant materially greater than those currently imposed under the Company Lease and the ▇▇▇ Lease. Failure of Tenant to give the ▇▇▇ Termination Notice by the ▇▇▇ Deadline shall constitute Tenant’s waiver of its termination right as set forth in this Section 18(b) of this First Amendment. Provided Tenant has properly given the ▇▇▇ Termination Notice, such termination shall be effective upon not less than thirty (30) days after Tenant provides written notice of termination to Landlord. Upon such termination of this First Amendmentunless, the Tenant’s use and occupancy of the Demised Premises shall continue in accordance with the terms and conditions of the Lease as if this First Amendment never existed. In such case, Landlord shall back ▇▇▇▇ Tenant and Tenant shall pay within thirty (30) days after receipt following delivery of invoice thereforTenant’s Termination Notice, Tenant pays to Landlord a termination fee (the “Termination Fee”) in an amount equal to the sum of all Rent unamortized transaction costs remaining as of the last day of the calendar month following the effective date of the First Termination Option or the effective date of the Second Termination Option, as the case may be, relating to: (includingi) $1,300,000.00, without limitationbeing the full amount of the Tenant Allowance; (ii) the full amount of the Additional Allowance (as defined in the Work Letter), installments if any; (iii) $617,238.70 (being one-half the amount of Fixed Annual the Forgiven Rent); and (iv) that would have come due under $975,000.00, being the amount equal to the full brokerage commission paid by Landlord to Tenant’s Real Estate Broker in connection with this Lease transaction. The Termination Fee shall be calculated using an imputed interest rate of nine percent (9%) with an amortization period being equal to the duration of the original Term of the Lease without this First Amendmentbased on a monthly amortization calculation and using a beginning period method with respect to items (i), dating back (iii) and (iv) above, and with an amortization period being equal to the Amendment Date, September 1, 2013duration of the remaining Term of the Lease with respect to item (ii) above.

Options to Terminate. (a) Notwithstanding A. Provided Tenant is not in default under the New Expiration Date as set forth hereinterms, covenants and conditions of the within lease, Tenant shall have the right exercisable at any one-time after March 1, 2024, option to terminate this lease, solely as to the remainder premises initially demised to Tenant under this lease, effective as of the Term __________ 30, 1998, provided (a) Tenant notifies Landlord in writing of this Leaseits election to terminate by registered or certified mail, upon giving return receipt requested, at least twelve (12) months’ months prior written to such termination date and (b) said notice be accompanied by a check payable to LandlordLandlord in the amount of Six Hundred Thirteen Thousand Four Hundred Forty and 00/100 ($613,440.00) Dollars as fixed and liquidated damages resulting from the exercise of the right of termination. Within thirty (30) days after In such event, this lease shall be deemed terminated as of such termination date and Tenant shall be released of all liability for the performance of Tenant's obligations under this lease accruing subsequent to the effective date of actual termination such termination. Any sum paid as liquidated damages as provided above shall be in addition to all rentals due hereunder. B. Provided Tenant is not in default under the terms, covenants and conditions of this Lease as a result of Tenant’s exercise of its early termination right set forth in this Section 18(a)the within lease, Tenant shall pay have the one-time option to Landlord terminate this lease, solely as to the Additional Space, effective as of November 30, 1998, provided (i) nine Tenant notifies Landlord in writing of its election to terminate by registered or certified mail, return receipt requested, at least twelve (912) months of then-applicable Fixed Annual Rent and Additional Rent installments prior to such termination date and (ii) said notice be accompanied by a check payable to Landlord in the unamortized portion applicable amount set forth in Exhibit "D" annexed hereto, as fixed and liquidated damages resulting from the exercise of the brokerage commission right of termination. In such event, this lease shall be deemed terminated as of such termination date and Tenant shall be released of all liability for the performance of Tenant's obligations under this lease accruing subsequent to the effective date of such termination. Any sum paid by Landlord pursuant as liquidated damages as provided above shall be in addition to Section 17 herein, after Landlord renders to Tenant a statement thereforall rentals due hereunder. (b) C. It is understood and agreed by the parties that Tenant shall have the right to terminate this First Amendment by written notice (the “▇▇▇ Termination Notice”) to Landlord given on exercise either one or before February 28, 2014 (the “▇▇▇ Deadline”), if ▇▇▇ (I) fails to agree to grant all both of the Tax Accommodations or (II) imposes requirements or restrictions upon Tenant materially greater than those currently imposed under the Company Lease and the ▇▇▇ Lease. Failure of Tenant to give the ▇▇▇ Termination Notice by the ▇▇▇ Deadline shall constitute Tenant’s waiver of its termination right as options set forth in this Section 18(babove; provided, however, that if Tenant shall have leased Additional Space pursuant to Article 57 herein and shall elect to exercise one (but not both) of this First Amendment. Provided Tenant has properly given the ▇▇▇ Termination Noticetermination options set forth above, such termination shall be effective upon not less than thirty then Landlord, at Tenant's expense payable within twenty (3020) days after Tenant provides written notice of termination to Landlord. Upon such termination of this First Amendment, the Tenant’s use and occupancy of the Demised Premises shall continue in accordance with the terms and conditions of the Lease as if this First Amendment never existed. In such case, Landlord shall back ▇▇▇▇ Tenant and Tenant shall pay within thirty (30) days after receipt of invoice demand therefor, all Rent (including, without limitation, installments of Fixed Annual Rent) that would have come due under the Lease without this First Amendment, dating back to the Amendment Date, September 1, 2013shall erect any building standard demising walls deemed necessary by Landlord.

Options to Terminate. (a) Notwithstanding the New Expiration Date as set forth herein, Tenant shall have the right exercisable at any time after March 1, 2024, to terminate this Lease in its entirety, or to terminate this Lease as to a portion of the remainder Premises by amending the Lease to remove from the Premises such portion thereof (if any) as shall be mutually acceptable to Landlord and Tenant, effective as of the last day of the thirty-sixth (36th) full month of the Term of this Lease, upon giving at least twelve (12) months’ prior written notice to Landlord. Within thirty (30) days after the date of actual termination of this Lease as a result of Tenant’s exercise of its early termination right set forth in this Section 18(a), Tenant shall pay to Landlord by (i) delivering written notice of such termination to Landlord not less than nine (9) months of then-applicable Fixed Annual Rent and Additional Rent installments prior to such date and (ii) payment of the Termination Fee (as hereinafter defined) on or before the effective date of termination. For purposes of this Section 41(a), the “Termination Fee” shall mean an amount equal to the unamortized Landlord improvements and leasing commissions as of the effective date of termination (as calculated by Landlord and reasonably demonstrated to Tenant), plus six (6) months of base rent for the Premises (including any Expansion Space) with respect to a termination of this Lease in its entirety, and with respect to a termination with respect to a mutually acceptable portion of the brokerage commission paid Premises shall mean such unamortized costs and base rent for the portion of the Premises being terminated plus all reasonable costs incurred or to be incurred by Landlord pursuant to Section 17 herein, after Landlord renders to Tenant a statement thereforin the demising of such terminated portion of the Premises. (b) Tenant shall have the right to terminate this First Amendment Lease in its entirety, or to terminate this Lease as to a portion of the Premises by amending the Lease to remove from the Premises such portion thereof (if any) as shall be mutually acceptable to Landlord and Tenant, effective as of the last day of the sixtieth (60th) full month of the Term of this Lease by (i) delivering written notice (the “▇▇▇ Termination Notice”) of such termination to Landlord given not less than nine (9) months prior to such date and (ii) payment of the Termination Fee (as hereinafter defined) on or before February 28the effective date of termination. For purposes of this Section 41(b), 2014 (the “▇▇▇ Deadline”Termination Fee” shall mean an amount equal to the unamortized Landlord improvements and leasing commissions as of the effective date of termination (as calculated by Landlord and reasonably demonstrated to Tenant), if ▇▇▇ plus three (I3) fails months of base rent for the Premises (including any Expansion Space) with respect to agree a termination of this Lease in its entirety, and with respect to grant all a termination with respect to a mutually acceptable portion of the Tax Accommodations Premises shall mean such unamortized costs and base rent for the portion of the Premises being terminated plus all reasonable costs incurred or to be incurred by Landlord in the demising of such terminated portion of the Premises. (IIc) imposes requirements Tenant shall have the right to terminate this Lease in its entirety, or restrictions upon Tenant materially greater than those currently imposed under to terminate this Lease as to a portion of the Company Premises by amending the Lease to remove from the Premises such portion thereof (if any) as shall be mutually acceptable to Landlord and Tenant, effective as of the ▇▇▇ Lease. Failure last day of Tenant to give the ▇▇▇ Termination Notice by the ▇▇▇ Deadline shall constitute Tenant’s waiver thirty-sixth (36th) full month of its termination right as set forth in this Section 18(b) a Renewal Term of this First Amendment. Provided Tenant has properly given the ▇▇▇ Termination Notice, Lease by (i) delivering written notice of such termination shall be effective upon to Landlord not less than thirty nine (309) days after Tenant provides written notice months prior to such date and (ii) payment of termination the Termination Fee (as hereinafter defined) on or before the effective date of termination. For purposes of this Section 41(c), the “Termination Fee” shall mean an amount equal to Landlord. Upon such the six (6) months of base rent for the Premises (including any Expansion Space) with respect to a termination of this First AmendmentLease in its entirety, the Tenant’s use and occupancy with respect to a termination with respect to a mutually acceptable portion of the Demised Premises shall continue in accordance with mean such base rent for the terms and conditions portion of the Lease as if this First Amendment never existed. In Premises being terminated plus all reasonable costs incurred or to be incurred by Landlord in the demising of such case, Landlord shall back ▇▇▇▇ Tenant and Tenant shall pay within thirty (30) days after receipt terminated portion of invoice therefor, all Rent (including, without limitation, installments of Fixed Annual Rent) that would have come due under the Lease without this First Amendment, dating back to the Amendment Date, September 1, 2013Premises.

Options to Terminate. (a) Notwithstanding The Lessee shall have, and is hereby granted, the New Expiration Date as set forth herein, Tenant shall have option to purchase the right exercisable at any time after March 1, 2024, to terminate the remainder Leased Facilities upon payment in full of the Term of this Lease, upon giving at least twelve Bonds (12) months’ prior written notice to Landlord. Within thirty (30) days after the date of actual termination of this Lease as a result of Tenant’s exercise of its early termination right set forth in this Section 18(a), Tenant shall pay to Landlord (i) nine (9) months of then-applicable Fixed Annual Rent and Additional Rent installments and (ii) the unamortized portion of the brokerage commission paid by Landlord pursuant to Section 17 herein, after Landlord renders to Tenant a statement therefor. (b) Tenant shall have the right to terminate this First Amendment by written notice (the “▇▇▇ Termination Notice”) to Landlord given on or before February 28, 2014 (the “▇▇▇ Deadline”), if ▇▇▇ (I) fails to agree to grant all of the Tax Accommodations or (II) imposes requirements or restrictions upon Tenant materially greater than those currently imposed under the Company Lease and the ▇▇▇ Lease. Failure of Tenant to give the ▇▇▇ Termination Notice by the ▇▇▇ Deadline shall constitute Tenant’s waiver of its termination right as set forth in this Section 18(b) of this First Amendment. Provided Tenant has properly given the ▇▇▇ Termination Notice, such termination shall be effective upon not less than thirty (30) days after Tenant provides written notice of termination to Landlord. Upon such termination of this First Amendment, the Tenant’s use and occupancy of the Demised Premises shall continue provision for payment thereof having been made in accordance with the terms and conditions provisions of the Indenture) throughout the Lease as Term, subject to the following provisions. To exercise such option, the Lessee shall give written notice to the Lessor and to the Trustee, if this First Amendment never existed. In any of the Bonds shall then be unpaid and provision for the payment thereof has not been made in accordance with the provisions of the Indenture, and shall specify therein the date of closing such casepurchase, Landlord which date shall back ▇▇▇▇ Tenant and Tenant shall pay within thirty be not less than forty-five (3045) nor more than ninety (90) days after receipt from the date such notice is mailed, and in case of invoice therefora redemption of the bonds in accordance with the provisions of the Indenture shall make arrangements satisfactory to the Trustee for the giving of the required notice of redemption. The purchase price payable by the Lessee shall be the sum of the following: (1) an amount of money to be paid into the Bond Fund which, when added to the amount then on deposit in the Bond Fund for payment of the bonds, will be sufficient to pay, redeem or pay at maturity all Rent (includingof the then outstanding Bonds on the next date on which such Bonds may be redeemed or paid at maturity, including without limitation, installments principal, premium, if any, all accrued interest to said date and redemption expenses, plus (2) an amount of Fixed Annual Rent) that would have come due money equal to the Trustee's fees and expenses under the Lease without Indenture, and the expenses of the Lessor accrued and to accrue until such final payment and redemption of the Bonds, plus (3) consideration in the amount of $1,000 to cover administrative fees incurred in connection with such conveyance. In the event of the exercise of the option granted in this First Amendment, dating back Section any Net Proceeds of insurance or condemnation not transferred to the Amendment Date, September 1, 2013Bond Fund for the redemption or payment of the Bonds shall be paid to the Lessee and the Lease Term shall be terminated.