Common use of Casualty Eminent Domain Clause in Contracts

Casualty Eminent Domain. 9.1.1 If at any time during the Term of this Lease, a material portion of the Property, the Building or the Premises shall be (i) damaged or destroyed by fire or other casualty (a “Casualty”) or (ii) taken under the power of eminent domain or condemned by any competent authority for any public or quasi-public use or purpose, or sold to prevent the exercise thereof (a “Taking”), then Landlord shall have the right to elect, in Landlord’s sole and absolute discretion, to either (a) terminate this Lease by delivery of written notice (a “Termination Notice”) thereof to Tenant or (b) to continue this Lease, in which case, Landlord shall repair and reconstruct the Tenant Space to substantially the same condition in which they existed immediately prior to such Casualty or Taking (except for the Premises, which must only be restored to its Commencement Date (i.e., “shell”) condition). If as a result of the Casualty or Taking, the Tenant Space is unfit for use by Tenant in the ordinary conduct of Tenant’s business and actually is not used by Tenant, then Landlord shall provide written notice (the “Restoration Notice”) to Tenant as soon as practicable after the Casualty or Taking of the period of time (the “Stated Restoration Period”) which shall be required for the repair and restoration of the Building to permit use of the Tenant Space in the ordinary conduct of Tenant’s business and Tenant shall have the right, at its election, to terminate this Lease if either (i) the Stated Restoration Period shall be in excess of ninety (90) days following the Casualty or Taking and Tenant terminates this Lease with written notice thereof to Landlord within thirty (30) days following delivery of the Restoration Notice, or (ii) Landlord shall fail within the Stated Restoration Period to complete the repair and restoration of the Building necessary to allow Tenant’s use of the Tenant Space in the ordinary conduct of Tenant’s business and Tenant delivers written notice of such termination to Landlord within thirty (30) business days following the expiration of the restoration deadline.

Casualty Eminent Domain. 9.1.1 If at any time during the Term of this Lease, a material portion of the Property, the Building Building, the Datacenter or the Premises Tenant Space shall be (i) damaged or destroyed by fire or other casualty (a “Casualty”) ), or (ii) taken under the power of eminent domain or condemned by any competent authority for any public or quasi-public use or purpose, or sold to prevent the exercise thereof (a “Taking”), so that, in either case, the use of the Tenant Space is materially impaired, then Landlord shall have the right to elect, in Landlord’s sole and absolute discretion, to either (a) terminate this Lease by delivery of written notice (a “Termination Notice”) thereof to Tenant or (b) to continue this Lease, in which case, Landlord shall repair and reconstruct the Tenant Space and the Datacenter to substantially the same condition in which they existed immediately prior to such Casualty or Taking. Notwithstanding the foregoing, Landlord shall have no right to terminate the Lease due to Casualty or Taking (except for unless it also terminates the Premises, which must only be restored to its Commencement Date (i.e., “shell”) condition)Leases of all other tenants of the Building similarly affected by the Casualty or Taking. If as a result of the Casualty or TakingCasualty, the Tenant Space is unfit for use by Tenant in the ordinary conduct of Tenant’s business and actually is not used by Tenant in the ordinary conduct of Tenant’s business (which, for the avoidance of doubt, and for the purposes of this Lease, means the operation of Tenant’s business in the affected portion of the Tenant Space is adversely impacted), then Landlord shall provide written notice (the “Restoration Notice”) to Tenant as soon as practicable after the Casualty or Taking of the period of time (the “Stated Restoration Period”) which shall be required for the repair and restoration of the Building to permit use of the Tenant Space in the ordinary conduct of Tenant’s business and Tenant shall have the right, at its election, to terminate this Lease if either (i) the Stated Restoration Period shall be in excess of ninety (90) days following the Casualty or Taking and Tenant terminates this Lease with written notice thereof to Landlord within thirty ten (3010) days following delivery of the Restoration Notice, or (ii) Landlord shall fail within the Stated Restoration Period to complete the repair and restoration of the Building necessary to allow Tenant’s use of the Tenant Space in the ordinary conduct of Tenant’s business and Tenant delivers written notice of such termination to Landlord within thirty (30) business days following the expiration of the restoration deadline.

Casualty Eminent Domain. 9.1.1 (a) If at any time during the Term of this Lease, a material portion of the Property, the Building or the Premises demised premises shall be (i) damaged or destroyed by fire or other casualty and the same can be restored within 120 days after the date of the casualty, Lessor shall commence the restoration of the same promptly upon settlement of such loss with all insurance carriers (a “Casualty”which settlement Lessor shall diligently pursue) and shall diligently complete the same, and this lease shall remain in full force except that rent and additional rent shall xxxxx with respect to the unusable portion of the demised premises until completion of such restoration. If Lessor and Lessee reasonably determine that such restoration cannot be completed within such time period or if Lessor shall not have completed the restoration within such time period, then Lessee shall have the right to terminate this lease upon written notice to Lessor. (iib) If, during the term of this lease, all of the demised premises should be taken under the power of eminent domain or condemned by any competent authority for any public or quasi-public use or purposeunder any law, ordinance, or regulation or by the right of eminent domain, or should be sold to prevent the exercise thereof (a “Taking”)condemning authority under threat of condemnation, then Landlord this lease shall terminate and the rent shall be abated during the unexpired portion of this lease, effective as of the date of the taking of said premises by the condemning authority. If less than all of the leased premises shall be taken for any public or quasi-public use under any law, ordinance or regulation, or by right of eminent domain, or should be sold to the condemning authority under threat of condemnation, this lease shall not terminate but Lessor shall forthwith at its sole expense, restore and reconstruct the building and other improvements, situated on the leased premises, provided such restoration and reconstruction shall make the same reasonably tenantable and suitable for the uses for which the premises are leased and rent shall be equitably abated during such period; provided, however, that if such restoration or reconstruction cannot reasonably be or is not completed within 120 days following such taking, Lessee shall have the right to elect, in Landlord’s its sole and absolute discretion, to either (a) terminate this Lease by delivery of written notice (a “Termination Notice”) thereof to Tenant or (b) to continue this Lease, in which case, Landlord shall repair and reconstruct the Tenant Space to substantially the same condition in which they existed immediately prior to such Casualty or Taking (except for the Premises, which must only be restored to its Commencement Date (i.e., “shell”) condition). If as a result of the Casualty or Taking, the Tenant Space is unfit for use by Tenant in the ordinary conduct of Tenant’s business and actually is not used by Tenant, then Landlord shall provide written notice (the “Restoration Notice”) to Tenant as soon as practicable after the Casualty or Taking of the period of time (the “Stated Restoration Period”) which shall be required for the repair and restoration of the Building to permit use of the Tenant Space in the ordinary conduct of Tenant’s business and Tenant shall have the right, at its election, option to terminate this Lease if either (i) lease. If not so terminated, the Stated Restoration Period rent payable hereunder during the unexpired portion of this lease shall be adjusted equitably. In any event, any condemnation award, or purchase price in excess lieu thereof, for the taking of ninety (90) days following the Casualty all or Taking and Tenant terminates this Lease with written notice thereof to Landlord within thirty (30) days following delivery any portion of the Restoration Noticepremises shall be the property of Lessor whether such award or purchase price shall be made as a compensation for diminution in value of the leasehold or for the taking of the fee, and Lessee hereby assigns to Lessor all its right, title, and interest in and to any such award or purchase price. Nothing contained herein, however, shall be deemed to preclude Lessee from obtaining, or (ii) Landlord shall fail within the Stated Restoration Period to complete the repair and restoration give Lessor any interest in, any award to Lessee for moving expenses or for loss or damage to lessee’s fixtures, equipment or other property or for damages for cessation or interruption of the Building necessary to allow TenantLessee’s use of the Tenant Space in the ordinary conduct of Tenant’s business and Tenant delivers written notice of such termination to Landlord within thirty (30) business days following the expiration of the restoration deadlinebusiness.

Casualty Eminent Domain. 9.1.1 If at any time during (a) For the Term purposes of this LeaseArticle XI, a material “substantial part” shall be defined as that portion of the Property, Premises which if damaged or taken by eminent domain would materially affect the Building or use of the Premises for the Permitted Uses. (b) If the Premises or any portion thereof shall be (i) destroyed or damaged or destroyed by fire or other casualty (a “Casualty”) casualty, or (ii) taken under the power of eminent domain or condemned by any competent authority for any public or quasi-public agency or authority other than Landlord by right of eminent domain, and the casualty/taking unreasonably interferes with the use or purpose, or sold of the Premises for the Permitted Uses in a manner comparable to prevent the exercise thereof (a “Taking”), then Landlord shall have the right to elect, in Landlord’s sole and absolute discretion, to either (a) terminate this Lease by delivery of written notice (a “Termination Notice”) thereof to Tenant or (b) to continue this Lease, in which case, Landlord shall repair and reconstruct the Tenant Space to substantially the same condition in which they existed immediately such use prior to such Casualty casualty/condemnation, this Lease shall terminate at the election of either Landlord or Taking (except for the Premises, which must only be restored to its Commencement Date (i.e., “shell”) condition)Tenant. If as a result of the Casualty or Taking, the Tenant Space is unfit for use by Tenant in the ordinary conduct of Tenant’s business and actually is not used by Tenant, then Landlord shall provide written notice (the “Restoration Notice”) to Tenant as soon as practicable after the Casualty or Taking of the period of time (the “Stated Restoration Period”) which Any such termination shall be required for the repair and restoration of the Building to permit use of the Tenant Space in the ordinary conduct of Tenant’s business and Tenant shall have the right, at its election, to terminate this Lease if either (i) the Stated Restoration Period shall be in excess of ninety (90) days following the Casualty or Taking and Tenant terminates this Lease with written notice thereof to Landlord within effective thirty (30) days following delivery after the date of notice thereof. (c) If any part of the Restoration NoticePremises is damaged by fire or other casualty or is taken by a public authority and this Lease is not terminated by Landlord or Tenant as provided above, Tenant shall proceed with reasonable diligence to repair and restore the Premises, or what remains thereof in the case of a partial taking, to its condition prior to such taking. Tenant acknowledges and agrees that in no event shall Landlord be liable for any injury, harm or any other loss, cost, expense, demand, claim, or have any obligation to repair, replace, improve, restore and/or rebuild, any damage of any kind or nature whatsoever to the Premises or any portion thereof caused by an eminent domain taking or by fire, flood or other casualty. (iid) In the event of a taking by eminent domain, Landlord shall fail within have, and hereby reserves and excepts, and Tenant hereby grants and assigns to Landlord, all rights to recover for damages to the Stated Restoration Period Premises and the leasehold interest hereby created, and to complete compensation accrued or hereafter to accrue by reason of such taking or damage. Tenant covenants to deliver such further assignments and assurances thereof as Landlord may from time to time request, hereby irrevocably designating and appointing Landlord as its attorney-in-fact to execute and deliver in Xxxxxx's name and behalf all such further assignments thereof. Nothing contained herein shall be construed to prevent Tenant from prosecuting in any condemnation proceedings a claim for the repair and restoration value of the Building necessary to allow any of Tenant’s use of the Tenant Space 's usual trade fixtures installed in the ordinary conduct Premises by Tenant at Tenant's expense and for relocation expenses, provided that such action shall not affect the amount of Tenant’s business and Tenant delivers written notice of such termination to Landlord within thirty (30) business days following compensation otherwise recoverable hereunder by Xxxxxxxx from the expiration of the restoration deadlinetaking authority.