Casualty and Eminent Domain. (a) In the event that the entire Premises or Building, or any substantial part thereof, shall be taken by any exercise of the right of eminent domain or shall receive any direct or consequential and substantial damages for which Lessor or Lessee or either of them shall be entitled to compensation by reason of anything lawfully done in pursuance of any public or other authority during the Term, then this Lease shall terminate at the election of Lessor, which election may be made notwithstanding Lessor’s entire interest may have been divested. If such taking or damage substantially reduces the floor space of the Premises so as to render the Premises unusable for the Permitted Use after such taking, or if it affects the common areas or other parts of the Building in a manner that materially interferes with Lessee’s use of the Premises for the Permitted Use, Lessee shall have the right, effective when its possession is disturbed, to terminate this Lease by notice in writing to Lessor delivered within thirty (30) days of the first day on which Lessee’s possession is so disturbed. Lessor reserves and excepts all rights to damage to the Premises and Building and the leasehold hereby created, now accrued or hereafter accruing by reason of any exercise of eminent domain, or by reason of anything lawfully done in pursuance of any public or other authority and, by way of confirmation, Lessee grants to Lessor all of Lessee’s rights to such damages except for moving and relocation expenses and for Lessee’s Property which Lessee is entitled or required to remove upon termination of this Lease and covenants to execute and deliver such further instruments of assignment thereof as Lessor may from time to time request.
(b) If the Building or any substantial part thereof shall be substantially damaged by fire or other casualty in any respect (whether or not the Premises shall have been damaged) or if any mortgagee of the Building requires that insurance proceeds payable in connection with such casualty be used to retire the mortgage debt, either Lessor or Lessee may, at its option, terminate this Lease by notifying the other party in writing of such termination within thirty (30) days after the date of such damage, in which event this Lease shall terminate on the date set forth in such notice, and Lessor shall allow Lessee a fair diminution of Rent from and after the date of such damage to the date of such termination of this Lease to the extent the Premises are unusable for...
Casualty and Eminent Domain. Landlord and Tenant jointly and severally agree that the Mortgage permits Lender, at its option, to apply to the indebtedness from time to time secured by the Mortgage any and all insurance proceeds payable with respect to any casualty loss at the Demised Premises and any and all awards or other compensation that may be payable for the condemnation of all or any portion of the Demised Premises, or any interest therein, or by way of negotiated settlement or conveyance in lieu of condemnation; and Landlord and Tenant jointly and severally consent to any such application by Lender. Notwithstanding the foregoing, Landlord and Lender agree that any and all insurance or condemnation proceeds payable with respect to Tenant's property or the interruption or relocation of Tenant's business (except for rental loss insurance proceeds) will be paid to Tenant, so long as they do not reduce the proceeds otherwise payable to Lender.
Casualty and Eminent Domain. In the event of any damage, destruction, casualty or condemnation affecting the Sublease Premises, Rent payable hereunder shall be abated but only to the extent that Xxxx is abated under the Master Lease with respect to the Sublease Premises. Subtenant shall have no right to terminate this Sublease in connection with any damage, destruction, casualty, condemnation or threat of condemnation except to the extent the Master Lease is also terminated as to the Master Premises or any material portion thereof.
Casualty and Eminent Domain. Without limiting any provisions of the Credit Documents, until such time as the Transfer Documents for a Project are delivered to KCCI or its designee pursuant to Section 2.9 or until a Release is delivered by KCCI in connection with a sale or refinancing of a Project, the terms of the Credit Documents shall continue to govern any casualty or condemnation to the Project, including any insurance proceeds or condemnation awards or other rights, in the manner applicable during the ongoing existence of Events of Default, provided that Borrower Parties shall have no obligation (i) to repair, restore or replace loss or damage to a Project due to casualty or condemnation except to the extent insurance or condemnation proceeds are made available therefor or (ii) to operate or manage a Project after casualty or condemnation except to the extent proceeds of business interruption insurance are made available therefor.
Casualty and Eminent Domain. 36 8.1 Restoration Following Casualties................................ 36 8.2 Landlord's Termination Election................................. 37 8.3
Casualty and Eminent Domain. Should a portion of the Premises be substantially damaged by fire or other casualty, or if the Premises or any part thereof, shall be taken for any purpose by exercise of the power of eminent domain or condemnation or shall receive any direct or consequential damage for which Landlord or Tenant shall be entitled to compensation by reason of anything lawfully done in pursuance of any public authority, then this Rental Agreement shall terminate at the option of Landlord or Tenant. If this Rental Agreement is so terminated, then a just a proportionate abatement of rent shall be made.
Casualty and Eminent Domain. From and after the date of this Agreement, Seller agrees with Purchaser as follows:
Casualty and Eminent Domain. Should a substantial part of the Leased Premises be substantially damaged by fire or other casualty or should a substantial part of the Leased Premises be taken by eminent domain, the LESSOR may elect to terminate this Lease. When such fire, casualty, or taking renders the Leased Premises substantially unsuitable for this intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this Lease if:
(a) the LESSOR fails to give written notice within thirty (30) days of intention to restore the Leased Premises; or
(b) the LESSOR fails to restore the Leased Premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty or taking. The LESSOR reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the Leased Premises for any taking by eminent domain, except for damage to the LESSEE’S fixtures, property or equipment.
Casualty and Eminent Domain. 27 8.1 Restoration Following Casualties.................................. 28 8.2
Casualty and Eminent Domain. Section 8.1 Restoration Following Casualties
Section 8.2 Landlord’s Termination Election Section 8.3 Tenant’s Termination Elections Section 8.4 Casualty at Expiration of Lease
