TENANT'S ASSETS, EACH WITHOUT
LANDLORD'S CONSENT.
(B)
IF AT ANY TIME OR FROM TIME TO TIME DURING THE TERM OF THIS LEASE
TENANT DESIRES TO ASSIGN THIS LEASE OR SUBLET ALL OR ANY PART OF THE PREMISES,
TENANT SHALL GIVE NOTICE TO LANDLORD OF SUCH DESIRE, INCLUDING THE NAME, ADDRESS
AND CONTACT PARTY FOR THE PROPOSED ASSIGNEE OR SUBTENANT, A DESCRIPTION OF SUCH
PARTY'S BUSINESS HISTORY, THE EFFECTIVE DATE OF THE PROPOSED ASSIGNMENT OR
SUBLEASE (INCLUDING THE PROPOSED OCCUPANCY DATE BY THE PROPOSED ASSIGNEE OR
SUBLESSEE), AND IN THE INSTANCE OF A PROPOSED SUBLEASE, THE SQUARE FOOTAGE TO BE
SUBLEASED, A FLOOR PLAN PROFESSIONALLY DRAWN TO SCALE DEPICTING THE PROPOSED
SUBLEASE AREA, AND A STATEMENT OF THE DURATION OF THE PROPOSED SUBLEASE (WHICH
SHALL IN ANY AND ALL EVENTS EXPIRE BY ITS TERMS PRIOR TO THE SCHEDULED
EXPIRATION OF THIS LEASE, AND IMMEDIATELY UPON THE SOONER TERMINATION HEREOF).
IF TENANT DESIRES TO ASSIGN THIS LEASE OR SUBLET MORE THAN 20% OF THE PREMISES
ORIGINALLY DEMISED HEREUNDER, THEN LANDLORD MAY, AT ITS OPTION, AND IN ITS SOLE
AND ABSOLUTE DISCRETION, EXERCISABLE BY NOTICE GIVEN TO TENANT WITHIN TWENTY
(20) DAYS NEXT FOLLOWING LANDLORD'S RECEIPT OF TENANT'S NOTICE (WHICH NOTICE
FROM TENANT SHALL, AS A CONDITION OF ITS EFFECTIVENESS, INCLUDE ALL OF THE
ABOVE-ENUMERATED INFORMATION), ELECT TO RECAPTURE THE PREMISES IF TENANT IS
PROPOSING TO SUBLET OR ASSIGN THE PREMISES OR SUCH PORTION AS IS PROPOSED BY
TENANT TO BE SUBLET (AND IN EACH CASE, THE DESIGNATED AND NON-DESIGNATED PARKING
SPACES INCLUDED IN THIS DEMISE, OR A PRO-RATA PORTION THEREOF IN THE INSTANCE OF
THE RECAPTURE OF LESS THAN ALL OF THE PREMISES), AND TERMINATE THIS LEASE WITH
RESPECT TO THE SPACE BEING RECAPTURED.
(C)
IF LANDLORD ELECTS TO RECAPTURE THE PREMISES OR A PORTION THEREOF
AS AFORESAID, THEN FROM AND AFTER THE EFFECTIVE DATE THEREOF AS APPROVED BY
LANDLORD, AFTER TENANT SHALL HAVE FULLY PERFORMED SUCH OBLIGATIONS AS ARE
ENUMERATED HEREIN TO BE PERFORMED BY TENANT IN CONNECTION WITH SUCH RECAPTURE,
AND EXCEPT AS TO OBLIGATIONS AND LIABILITIES ACCRUED AND UNPERFORMED (AND ANY
OTHER OBLIGATIONS EXPRESSLY STATED IN THIS LEASE TO SURVIVE THE EXPIRATION OR
SOONER TERMINATION OF THIS LEASE), TENANT SHALL BE RELEASED OF AND FROM ALL
LEASE OBLIGATIONS THEREAFTER OTHERWISE ACCRUING WITH RESPECT TO THE PREMISES (OR
SUCH LESSER PORTION AS SHALL HAVE BEEN RECAPTURED BY LANDLORD).
THE PREMISES,
OR SUCH PORTION THEREOF AS LANDLORD SHALL HAVE ELECTED TO RECAPTURE, SHALL BE
DELIVERED BY TENANT TO LANDLORD FREE AND CLEAR OF ALL FURNITURE, FURNISHINGS,
PERSONAL PROPERTY AND REMOVABLE FIXTURES, WITH TENANT REPAIRING AND RESTORING
ANY AND ALL DAMAGE TO THE PREMISES RESULTING FROM THE INSTALLATION, HANDLING OR
REMOVAL THEREOF, AND OTHERWISE IN THE SAME CONDITION AS TENANT IS, BY THE TERMS
OF THIS LEASE, REQUIRED TO REDELIVER THE
17
PREMISES TO LANDLORD UPON THE EXPIRATION OR SOONER TERMINATION OF THIS LEASE.
IN THE EVENT OF A SUBLEASE OF LESS THAN ALL OF THE PREMISES, THE COST OF
ERECTING ANY REQUIRED DEMISING WALLS, ENTRANCES AND ENTRANCE CORRIDORS, AND ANY