Right to Recapture Clause Samples

Right to Recapture. In lieu of giving or withholding its consent to any proposed subletting or assignment, Lessor shall have the following right to recapture the demised premises and shall thereafter be free to lease the area subject to the proposed assignment or sublease directly to the proposed assignee or subleasee or any other person without such act being construed to (1) unreasonably interfere with Leasee's contractual. relations; (2) constitute unfair competition or (3) otherwise create any cause or action in favor of Lessee. In lieu of consenting or not consenting, Lessor may within 30 days after Lessor has received all of the documentation described in subparagraph 1 of this Article XVI at its option, (i) in the case of the proposed assignment or subletting of Lessee's entire leasehold interest, terminate Lessee's lease in its entirety, or (ii) terminate Lessee's lease as to that portion of the demised premises which Lessee has proposed to sublet. In the event Lessor elects to terminate this Lease pursuant to clause (ii) above, Lessee's obligation as to rent shall be reduced in the same proportion that the rentable area of the portion of the demised premises taken by the proposed assignee or subtenant bears to the total rentable area of the demised premises. The reservation of Lessor's right to recapture is a critically important economic right in favor of Lessor which has been expressly negotiated between the parties and which requires the release of liability on the part of Lessee for any obligations with respect to the area subject to the proposed sublease or assignment.

Right to Recapture. Notwithstanding anything to the contrary contained in this Article 9, Landlord shall have the option, by giving written notice to Tenant within thirty (30) days after receipt of any request for consent to an assignment or sublease to recapture the subject space from Tenant. Such recapture notice shall cancel and terminate this Lease with respect to the subject space as of the effective date of the proposed assignment or sublease as stated in the Tenant's request for consent. In the event of a recapture by Landlord, if this Lease shall be canceled with respect to less than the entire Property, the Base Rent reserved herein shall be prorated on the basis of the number of rentable square feet retained by Tenant in proportion to the number of rentable square feet contained in the Property, and this Lease as so amended shall continue thereafter in full force and effect, and upon request of either party, the parties shall execute written confirmation of the same. If Landlord declines, or fails to elect in a timely manner to recapture the subject space under this Section 9.04, then, provided ▇▇▇▇▇▇▇▇ has consented to the proposed assignment or sublease, Tenant shall be entitled to proceed with the assignment of this Lease or sublease of the subject space to the proposed transferee, subject to provisions of Sections 9.03, 9.05 and 9.06 of this Lease.

Right to Recapture. Except in the case of a Biotech Affiliated Entity (as defined in Section 14.7), Landlord shall have a right to recapture (“Right to Recapture”) as follows:

Right to Recapture. Lessor shall have the option, in Lessor’s sole and unfettered discretion, to terminate this Lease and recapture the Premises in lieu of approving any proposed sublease or assignment (excluding any sublease or assignment to a Permitted Assignee (defined below) and excluding any transfer to a Permitted Assignee).

Right to Recapture. Notwithstanding anything in this Article to the contrary, in the event that Subtenant desires to assign this Sublease or sublet all or any part of the Subleased Premises, Subtenant shall notify Sublandlord of the terms and conditions of such sublease or assignment in writing not less than thirty (30) days prior to the effective date of any such sublease or assignment. Sublandlord shall have the option exercisable in writing within fifteen (15) business days of receipt of Subtenant's notice to recapture the Subleased Premises or so much thereof as the Subtenant seeks to sublet.

Right to Recapture. If Tenant requests Landlord’s consent to any assignment or subletting that requires Landlord’s consent under this Lease, Landlord shall have the right, by written notice given to Tenant within thirty (30) days after Landlord’s receipt of Tenant’s request for consent, to terminate this Lease and recapture the portion of the Premises subject to such request by Tenant. If Landlord exercises such right within 30-day period, then this Lease and Tenant’s obligations under this Lease shall terminate as to such portion of the Premises sixty (60) days after Landlord gives Tenant written notice of Landlord’s election to recapture such portion of the Premises, and Rent and all other charges payable under this Lease shall be reduced proportionately. Until such termination, Tenant will, however, remain liable for the performance of all the terms and conditions hereof.

Right to Recapture. Both parties acknowledge that pursuant to Section 7.4 of the Prime Lease, Landlord has the right to recapture the Premises if Sublandlord subleases more than 50% of the Prime Premises. The parties acknowledge that if Subtenant, pursuant to SECTION 21 or SECTION 22 of this Sublease, subleases from Sublandlord additional space, then Landlord may exercise said recapture rights. In such event, Sublandlord shall endeavor to negotiate with and otherwise encourage Landlord to use Landlord's best efforts to negotiate first with Subtenant prior to leasing the Premises to any other tenant.

Right to Recapture. Other than with respect to a Transfer to a Permitted Transferee, provided the proposed Transfer is for a majority of the balance of the Sublease Term, Sublessor may, upon notice of such intent to Transfer given pursuant to Section 14.1 of the Master Lease from Sublessee, exercise the recapture right set forth in Section 14.4 of the Master Lease within ten (10) business days by delivery of written notice of recapture to Sublessee. Notwithstanding the foregoing, if Sublessor exercises its recapture right pursuant to Section 14.4 of the Master Lease, Sublessee shall have the right, upon written notice to Sublessor not later than five (5) days after Sublessor exercises such right, to rescind its request for consent to the Transfer, in which case this Sublease shall continue unmodified and in full force and effect. Sublessor’s failure to deliver such recapture notice within the time set forth herein shall entitle Sublessee to proceed with the proposed Transfer, subject to consent and approval of Master Lessor.

Right to Recapture. In the event Landlord receives a Transfer Request, Landlord shall have the right, to be exercised by giving written notice to Tenant within fifteen (15) business days after receipt of such Transfer Request, to recapture the space described in the Transfer Request and such recapture notice, if given, shall terminate this Lease with respect to the space therein described as of the date stated in the Transfer Request. If the Transfer Request covers all of the space hereby demised, and if Landlord gives its recapture notice with respect thereto, the Term of this Lease shall expire on the date stated in Tenant's notice as the effective date of the Assignment or Sublease as fully and completely as if that date had been herein definitely fixed for the expiration of the Term. If, however, this Lease is terminated pursuant to the foregoing with respect to less than the entire Premises. Base Rent and Tenant's Proportionate Share shall be adjusted on the basis of the number of rentable square feet retained by Tenant, and this Lease as so amended shall continue thereafter in full force and effect. This provision shall not apply to a Permitted Transfer under Section 16.4. 11S2810.v14llSUlO.v14