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2009_0209_Packet
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2009_0209_Packet
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proposed assignee or subtenarit and a true ar�d corriplete copy of the proposed assigr�ment <br />or sublease sh�ll be delivered to Landlnrd with 7enant's notice: If Tenant's notice shall cover <br />alf of the Premises, and �anc�lord shall have exercised its fflregoing rec�pture right; the Term <br />of this Lease shafl expir� and errd on the date stated in Ter�ant's nc�tice as fulfy and <br />completely as if that date had l��ers hereit� definitely fi.xed For the expiratiot� af the Term. If, <br />howaver, this Lease is cancelecf with respect to less than the entire Premises, the Annual <br />Minimum Rer�t shall be equitably acljusted by Landlord with d�e con5ideration of the size, <br />Eocati�n, type �nd c�uality of the portion of t�ie Premises so remaining after the "reca�ture" <br />and such Rent shall be reduced accordic�gly fron� and �fter t�e [errnination c�ate fo� said <br />portior�, and thi� Lease as so amended sh�ll conCinue thereafter in fuil farce and effect. The <br />rent adjustment pro�ided far herein shall l�e evidenced by an amendment to Lease executed <br />by Landlord and Tenant. IF this Lease is term�E�ated in the manner aforesaid, either as to the <br />entire Premises ar on3y a portiot� th�reof, to suc�s extent the term af this Lease shall end <br />u�an the a�propriate effective date of the pro{�osed s.ublease ar assignment as if that date <br />i�ad E�een ariginafly fixed in th�s Lease for such expiration, znd in the event af a termination <br />affectinc,� Eess than the entire Prerrtise�, Tena�t shai( cor�ply �vlti� the provisions of tFris Lease <br />with respect to the surrender of sucF� portion of the Premises aFfiected thereby. <br />{b) If Lai�dlord; u�on receiving Tenant's natice tivith respect to any such space, cioes not <br />exercise its right to recapture, Landlord wi31 not unreasor�abfy withhold its consent to <br />Tenant's assignment of tF�e �ease or s�:i�fetting sucl� space to the party identi�ied in Tenant's <br />notice. <br />(c} Fflr pur-�oses of tne €oregoinc�, any �hange in the partners of Tenant; if �er�ant is a <br />partnership, or, if Tenant is a corparation, any transfer of any ar alf oF the sl�ares af stock <br />csf Tenant by sale, assignment, operation �F faw or otherwise resul:ting in a c�ange in the <br />prese.nt control of such corporation hy t.he �ersan or persor�s owning a ma:jarity of such <br />shares as af the c�a:t� of Ch;s �ease, sh�ll be deemed to be an assignment within Che meaning <br />of ehis Article, Ti�e foregoing provision shall not apply if Tenanfi is a corqaration and the <br />autstar�ding vating stocl< thereaf is fisted on a recognized securities exchange. <br />(cf) Any subietting or assianment hereunder shall not r�lease or discharge 7enant of or <br />frorn any liability, whether past, �resent or future, under this �ease, and Tet�ant s�all <br />continue fully lial�le thereunder. The su�Cenant ar subtenants or assignee shall agree in a <br />form satis�actory to �andlord to comply with anc� be bound E�y alE of the terms, covenant�; <br />conditioris, pravisions ar�c1 ac�reemen�s of ti�is LeasE to :he extent of the space sublet ar <br />assrgned, and Tenant sf�all deliver to L.andlo�'d �ratmptl:y afr�r execution an executed copy of <br />each such sublease or assiynmen� and ar� agreement of compli:�nce by each such subtenant <br />or assign�e. Consent �y Landiorei to any assic�nr�ent oF this Lease or ta any subletCing of <br />t�e Premises shaff not be a waiver of Lanc�lard's rights u:nder this Article as to any <br />subsequent assi�nmen� or subletting. <br />(e} Any �ale, assignrr�ent, mortgage, transfer, or subletting of this Lease wi�ich is n�t in <br />com�liance witi� the �rovisians of th�s .Article shall be of no effecC and void. La�dbard's right <br />to assign its interest in this Lease shall remain LJ�iCjU�Iifieci. Landlord may rriake a reasonable <br />1l <br />
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