Common use of Casualty Eminent Domain Clause in Contracts

Casualty Eminent Domain. In the event of a fire or other casualty affecting the Building or the Subleased Premises, or of a taking of all or a part of the Building or Subleased Premises under the power of eminent domain: (i) Sublandlord shall not have any obligation to repair or restore the Subleased Premises or any Alterations, Licensed Property or personal property; (ii) Subtenant shall be entitled only to a proportionate abatement of Monthly Base Rent, Additional Rent and other charges to the extent Sublandlord receives a corresponding abatement of rent under the Xxxxxxxxx during the time and to the extent the Occupied Portion of the Subleased Premises are unfit for occupancy for the purposes permitted under this Sublease and not occupied by Subtenant as a result thereof; (iii) Subtenant shall not, by reason thereof, have a right to terminate this Sublease unless the Xxxxxxxxx shall be terminated; and (iv) Sublandlord reserves the right to terminate the Xxxxxxxxx and this Sublease in connection with any right granted to it under Articles X and XI of the Xxxxxxxxx whether or not the Subleased Premises is damaged or the subject of a taking. In the event Overlandlord or Sublandlord exercises the right to terminate the Xxxxxxxxx as the result of any such fire, casualty or taking, Sublandlord shall provide Subtenant with a copy of the relevant termination notice and this Sublease shall terminate on the date upon which the Xxxxxxxxx terminates.

Appears in 2 contracts

Samples: Sublease Agreement (Genocea Biosciences, Inc.), Sublease Agreement (Genocea Biosciences, Inc.)

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Casualty Eminent Domain. In the event of a fire or other casualty affecting the Building or the Subleased Premises, or of a taking of all or a part of the Building or Subleased Premises under the power of eminent domain: (i) Sublandlord shall not have any obligation to repair or restore the Subleased Premises or any Alterations, Licensed Property Alterations or personal property; (ii) Subtenant shall be entitled only to a proportionate abatement of Monthly Base Rent, Additional Rent and other charges to the extent Sublandlord receives a corresponding abatement of rent under the Xxxxxxxxx during the time and to the extent the Occupied Portion of the Subleased Premises are unfit for occupancy for the purposes permitted under this Sublease and not occupied by Subtenant as a result thereof; (iii) Subtenant shall not, by reason thereof, have a right to terminate this Sublease unless the Xxxxxxxxx shall be terminated; and (iv) Sublandlord reserves the right to terminate the Xxxxxxxxx and this Sublease in connection with any right granted to it under Articles X and XI of the Xxxxxxxxx whether or not the Subleased Premises is damaged or the subject of a taking. In the event Overlandlord or Sublandlord exercises the right to terminate the Xxxxxxxxx as the result of any such fire, casualty or taking, Sublandlord shall provide Subtenant with a copy of the relevant termination notice and this Sublease shall terminate on the date upon which the Xxxxxxxxx terminates. If the Subleased Premises or any part of the Main Premises necessary for the use and enjoyment of the Subleased Premises is damaged by fire or other casualty, then either Sublandlord or Subtenant shall have the right to terminate this Sublease upon thirty (30) days' written notice to the other if the estimated time to complete restoration (as set forth in the Overlandlord's Restoration Estimate described in the Xxxxxxxxx) exceeds twelve (12) months.

Appears in 1 contract

Samples: Assignment of Sublease and Sub Sublease (CRISPR Therapeutics AG)

Casualty Eminent Domain. (a) In the event of a fire the damage or other casualty affecting the Building or the Subleased Premises, or of a taking destruction of all or a part any of the Building or Subleased Premises under the power of eminent domain: Property prior to Closing, Purchaser, at its option, may either (i) Sublandlord terminate this Agreement by notice to Seller, whereupon the earnxxx Xxxosit shall not be returned to Purchaser and neither party shall have any obligation further obligations hereunder, or (ii) enforce this Agreement whereupon Seller shall assign to repair Purchaser any insurance proceeds payable as a result of such damage or restore destruction as such may relate to loss of any of the Subleased Premises Property. (b) In the event that prior to Closing, any portion of the Property be taken by eminent domain, or the subject of eminent domain proceedings threatened or commenced, Seller shall promptly notify Purchaser thereof, and immediately provide Purchaser with copies of any Alterationswritten communication from any condemning authority. If any of said events shall occur then, Licensed Property or personal propertyin that event, Purchaser shall have the option to terminate this Agreement by notice to Seller, whereupon the Earnxxx Xxxosit shall be returned to Purchaser and neither party shall have any further obligations hereunder. If any of said events shall be conveyed to Purchaser at Closing; (ii) Subtenant if the transfer to the condemning authority has not taken place prior to Closing, the entire Property shall be entitled only conveyed to a proportionate abatement of Monthly Base Rent, Additional Rent and other charges to the extent Sublandlord receives a corresponding abatement of rent under the Xxxxxxxxx during the time and to the extent the Occupied Portion of the Subleased Premises are unfit for occupancy for the purposes permitted under this Sublease and not occupied by Subtenant as a result thereofPurchaser at Closing hereunder; (iii) Subtenant shall notif Seller has received payment for such condemnation or taking prior to the Closing hereunder, by reason thereof, have a right to terminate this Sublease unless the Xxxxxxxxx amount of such payment shall be terminateda credit against the Purchase Price payable by Purchaser hereunder; and (iv) Sublandlord reserves if Seller has not received such payment at the time of closing, Seller shall assign to Purchaser all claims and rights to or arising out of such taking, including the right to terminate the Xxxxxxxxx and this Sublease conduct any litigation in connection with any right granted to it under Articles X and XI respect of the Xxxxxxxxx whether or not the Subleased Premises is damaged or the subject of a taking. In the event Overlandlord or Sublandlord exercises the right to terminate the Xxxxxxxxx as the result of any such fire, casualty or taking, Sublandlord shall provide Subtenant with a copy of the relevant termination notice and this Sublease shall terminate on the date upon which the Xxxxxxxxx terminatescondemnation.

Appears in 1 contract

Samples: Real Estate Sale Contract (LSB Industries Inc)

Casualty Eminent Domain. In the event of a fire or other casualty affecting the Building or the Subleased Premises, or of a taking of all or a part of the Building or Subleased the Premises under the power of eminent domain, except as set forth in the Amended Master Lease: (i) Sublandlord Sublessor shall not have any obligation to repair or restore the Subleased Premises or any Alterations, Licensed Property alterations or personal property; (ii) Subtenant Sublessee shall be entitled only to a proportionate abatement of Monthly Base Rent, Additional Rent and other charges minimum rent to the extent Sublandlord Sublessor receives a corresponding abatement of rent under the Xxxxxxxxx Amended Master Lease during the time and to the extent the Occupied Portion of the Subleased Premises are unfit for occupancy for the purposes permitted under this Sublease and not occupied by Subtenant Sublessee as a result thereof; (iii) Subtenant Sublessee shall not, by reason thereof, have a right to terminate this Sublease unless Sublessor has the Xxxxxxxxx corresponding right to terminate the Amended Master Lease in such circumstance or unless the Amended Master Lease shall be otherwise terminated; and (iv) Sublandlord Sublessor reserves the right to terminate the Xxxxxxxxx Amended Master Lease and this Sublease in connection with any right granted to it under Articles X and XI the Amended Master Lease for an event of the Xxxxxxxxx casualty or eminent domain whether or not the Subleased Premises is damaged or the subject of a taking. In the event Overlandlord Master Landlord or Sublandlord Sublessor exercises the right to terminate the Xxxxxxxxx Amended Master Lease as the result of any such fire, casualty or taking, Sublandlord (a) Sublessor shall provide Subtenant Sublessee with a copy of the relevant termination notice and this Sublease shall terminate on the date upon which the Xxxxxxxxx terminatesAmended Master Lease terminates and (b) Sublessee shall immediately pay to Sublessor all of Sublessee’s insurance proceeds relating to all alterations that Sublessor is obligated to pay to Master Landlord (but not the proceeds to the Furniture or Sublessee’s other personal property). Sublessee shall be entitled to all proceeds or claims for eminent domain that the Sublessor is entitled to as tenant under the Amended Master Lease.

Appears in 1 contract

Samples: Sublease (U.S. Auto Parts Network, Inc.)

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Casualty Eminent Domain. In the event of a fire or other casualty affecting the Building or the Subleased Premises, or of a taking of all or a part of the Building or Subleased Premises under the power of eminent domain: (i) Sublandlord shall not have any obligation to repair or restore the Subleased Premises or any Alterations, Licensed Property Alterations or personal property; (ii) Subtenant shall be entitled only to a proportionate abatement of Monthly Base Rent, Additional Rent and other charges to the extent Sublandlord receives a corresponding abatement of rent under the Xxxxxxxxx during the time and to the extent the Occupied Portion of the Subleased Premises are unfit for occupancy for the purposes permitted under this Sublease and not occupied by Subtenant as a result thereof; (iii) Subtenant shall not, by reason thereof, have a right to terminate this Sublease unless the Xxxxxxxxx shall be terminated; and (iv) Sublandlord reserves the right to terminate the Xxxxxxxxx and this Sublease in connection with any right granted to it under Articles X and XI of the Xxxxxxxxx whether or not the Subleased Premises is damaged or the subject of a taking. In the event Overlandlord or Sublandlord exercises the right to terminate the Xxxxxxxxx as the result of any such fire, casualty or taking, Sublandlord shall provide Subtenant with a copy of the relevant termination notice and this Sublease shall terminate on the date upon which the Xxxxxxxxx terminates. If the Subleased Premises or any part of the Main Premises necessary for the use and enjoyment of the Subleased Premises is damaged by fire or other casualty, then either Sublandlord or Subtenant shall have the right to terminate this Sublease upon thirty (30) days’ written notice to the other if the estimated time to complete restoration (as set forth in the Overlandlord’s Restoration Estimate described in the Xxxxxxxxx) exceeds twelve (12) months.

Appears in 1 contract

Samples: Consent to Sublease (CRISPR Therapeutics AG)

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