CASUALTY OR EMINENT DOMAIN. In the event of taking by eminent domain -------------------------- or damage by fire or other casualty to the Facility, Customer shall acquiesce and be bound by any action taken by or agreement entered into between Exodus and its landlord with respect thereto.
CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty which destroys or substantially damages the Building or the Sublease Premises, or of a taking of all or substantially all of the Building or the Sublease Premises under the power of condemnation, Sublandlord may exercise any right it may have under the Master Lease to terminate the Master Lease without first obtaining the consent or approval of Subtenant. Subtenant shall likewise have the independent right to decide whether or not to terminate the Sublease in accordance with the termination provisions contained in Section 13.1 of the Master Lease which provisions are incorporated herein by Section 16.2 of the Sublease However, if Subtenant exercises such termination right with respect to the Sublease , the Master Lease is not terminated and Sublandlord or Master Landlord restores the Sublease Premises, then Subtenant shall pay to Sublandlord an amount equal to the lesser of: (i) the Termination Fee, and (ii) the remaining Base Rent which would otherwise be payable by Subtenant pursuant to the Sublease. If the Sublease is not terminated, then Subtenant shall have the obligation to restore and replace the Furniture and Equipment, its personal property and all fixtures, alterations and improvements to the Sublease Premises paid for by Subtenant as provided in Section 13.5 of the Master Lease which is incorporated herein pursuant to Section 16.2 of this Sublease. Sublandlord shall not be liable to Subtenant for any failure by the Master Landlord to timely or adequately restore the Building or the Sublease Premises in accordance with its obligations under Section 13.1, but Sublandlord shall reasonably cooperate with Subtenant to secure such performance.
11.1 If a material portion of the Sublease Premises is damaged or destroyed by fire or other casualty such that Sublandlord elects to terminate the Master Lease pursuant to Section 13.1 thereof, Sublandlord shall provide notice to Subtenant concurrent with Sublandlord’s notice to Subtenant, and the Sublease shall terminate on the date provided in Sublandlord’s notice for termination of the Master Lease, but subject to any right of Subtenant to a direct lease pursuant to the terms of the Master Consent. Subtenant shall have no right to terminate the Sublease in connection with any casualty or condemnation except to the extent that the Master Lease also is terminated as to the Sublease Premises.
CASUALTY OR EMINENT DOMAIN. In the event of any taking by eminent domain or damage by fire or other casualty to the Premises and/or the Co-location Space (“Event”), Customer shall be bound by any action taken by IEVOLVE and the owner of the Premises (if other than IEVOLVE) in relation to the Event. Customer shall have no claim against IEVOLVE in relation to an Event, including but not limited to a claim for relocation, expenses, the value of any unexpired term, or loss of business from full or partial interruption or interference due to the operation of this provision. Without limiting the foregoing, either party shall have the right to terminate this Agreement on the happening of an Event, without any liability to the other party.
CASUALTY OR EMINENT DOMAIN. In the event of any taking by eminent domain or damage by fire or other casualty to the Premises and/or Space, the Customer shall acquiesce and be bound by any action taken by or agreement entered into by the Company with respect thereto, and in any event the Customer shall not have (and hereby waives and releases) any claim with respect to any award, damages or proceeds associated with any such taking or damage.
CASUALTY OR EMINENT DOMAIN. 11.1. In the event of a fire or other casualty affecting the Building or the Sublease Premises, or of a taking of all or a part of the Building or the Sublease Premises under the power of eminent domain, Sublandlord shall be entitled to exercise any right it may have to terminate the Master Lease without first obtaining the consent or approval of Subtenant. If the Master Lease imposes on Sublandlord the obligation to repair or restore the Premises, the Building, and any leasehold improvements or alterations, Subtenant shall be responsible only for the repair or restoration of its Alterations in and to the Sublease Premises, and Sublandlord shall perform all other repairs and restoration work to the extent it is required under the Facilities Agreement or by the Landlord under the Master Lease.
CASUALTY OR EMINENT DOMAIN. In the event of any taking by eminent domain or damage by fire or other casualty to the Premises and/or Space, Customer shall acquiesce and be bound by any action taken by or agreement entered into between TCG and Landlord with respect thereto. 4 CONTROL #________
CASUALTY OR EMINENT DOMAIN. 10.1 In the event of a fire or other casualty affecting the Building or the Premises, or of a taking of all or a part of the Building or the Premises under the power of eminent domain, Sublandlord shall exercise any right it may have to terminate the Master Lease with the consent of Subtenant.
10.2 If the Master Lease imposes on Sublandlord the obligation to repair or restore leasehold improvements or alterations within the Master Premises, Subtenant shall be responsible for repair or restoration of leasehold improvements or alterations within the Premises in the event that Subtenant has not elected to consent to terminate this Sublease.
CASUALTY OR EMINENT DOMAIN. 10.1 In the event of a fire or other casualty affecting the Master Landlord’s Project, the Building or the Premises, or of a taking of all or a part of the Master Landlord’s Project, the Building or the Premises under the power of eminent domain, Sublandlord shall be entitled to exercise any right it may have to terminate the Master Lease without first obtaining the consent or approval of Subtenant.
10.2 If the Master Lease imposes on Sublandlord the obligation to repair or restore leasehold improvements or alterations within the Master Premises, Subtenant shall be responsible for repair or restoration of leasehold improvements or alterations within the Premises,
CASUALTY OR EMINENT DOMAIN. Notwithstanding the foregoing or any provision in this Work Letter to the contrary, if at any time prior to or after the Lease Commencement Date, the Building is damaged by any Casualty or any portion of the Building is taken by right of eminent domain or conveyed in lieu thereof, then the provisions of Articles 12 and 13, respectively, of the Lease shall control, and Landlord and Tenant shall be entitled to exercise all of their respective rights and required to perform all of their respective obligations thereunder.
CASUALTY OR EMINENT DOMAIN. Solely with respect to Colocation Services, SH Data Technologies will notify Customer in the event of a taking by eminent domain or damage by fire or other casualty to the Facility. In the event the taking or casualty event materially negatively impacts the provision of Services, either party may terminate the affected Services without penalty upon thirty (30) days prior written notice.
