Common use of CASUALTY OR EMINENT DOMAIN Clause in Contracts

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. 12.1 In the event of a fire or other casualty which destroys or substantially damages affecting the Building or the Sublease Premises, or of a taking of all or substantially all a part of the Building or the Sublease Premises under the power of condemnationeminent domain, Sublandlord may Amyris shall be entitled to 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 TOTAL, except as provided in Section 13.1 of 18.4 below. If the Master Lease which provisions are incorporated herein by Section 16.2 of imposes on Amyris the Sublease However, if Subtenant exercises such termination right with respect obligation to the Sublease , the Master Lease is not terminated and Sublandlord repair or Master Landlord restores restore the Sublease Premises, then Subtenant shall pay to Sublandlord an amount equal to the lesser of: Building, or any leasehold improvements or alterations, (i) TOTAL shall be responsible for repair or restoration of the Termination FeeTOTAL Dedicated Area, and any leasehold improvements or alterations within the TOTAL Dedicated Area, to the extent Amyris, as tenant under the Master Lease, is obligated under the Master Lease, and (ii) Amyris shall be responsible for repair or restoration of the remaining Base Rent which would otherwise be payable by Subtenant pursuant to OCT Facilities and the SubleaseAmyris Dedicated Area, and any leasehold improvements or alterations within the OCT Facilities and the Amyris Dedicated Area. 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 terminated by reason of a casualty or a taking, 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 terminates. 12.2 As between TOTAL and Amyris, to the extent permitted by the Master Lease, but subject each party shall be entitled to seek an award or compensation in any right condemnation proceeding, whether for a total or partial taking, for damage to its respective business, loss of Subtenant to a direct lease pursuant to goodwill, relocation costs, and the terms cost of any Alterations paid for by it. 12.3 Amyris and TOTAL hereby waive and release each and all of their respective common law and statutory rights inconsistent herewith, whether now or hereafter in effect, including without limitation, Section 1265.130 of the Master Consent. Subtenant shall have no right California Code of Civil Procedure, as amended from time 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 Premisestime.

CASUALTY OR EMINENT DOMAIN. 9.1 In the event of a fire or other casualty which destroys or substantially damages affecting the Building or the Sublease Premises, or of a taking of all or substantially all a part of the Building or the Sublease Premises under the power of condemnationeminent domain, Sublandlord may will be entitled to exercise any right it may have expressly has under the Master Lease to terminate the Master Lease without first obtaining the consent or approval of Subtenant. 9.2 To the extent any portion of the Premises is taken or appropriated under the power of eminent domain, or conveyed in lieu thereof, and this Sublease is not terminated as a result thereof, then the Rent thereafter to be paid under this Sublease for the Premises shall be abated in the same ratio that the percentage of the area of the Premises so taken, appropriated or conveyed bears to the total area of the Premises immediately prior to the taking, appropriation or conveyance. Subtenant In addition, if any rentable area of the Building containing the Premises is so taken, appropriated or conveyed and this Sublease is not terminated as may be permitted under the Master Lease, Subtenant’s Share of Master Lease Pass Through Costs shall likewise have the independent right be adjusted pursuant to decide whether or not to terminate the Sublease in accordance with the termination provisions contained in Section 13.1 Article 7 of the Master Lease which provisions are incorporated herein by Section 16.2 of Lease. To 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 extent 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 and this Sublease is not terminated as a result thereof, then the Base Rent and Subtenant’s Share of Master Lease Pass Through Costs shall be proportionately reduced during the period of repair. The reduction shall be based upon the extent to which the making of repairs interferes with Subtenant’s business conducted in the Premises, as reasonably determined by Sublandlord. 9.3 If, in the event of a casualty or loss, the Master Lease imposes on Sublandlord the obligation to repair or restore leasehold improvements or alterations within the Master Premises, Subtenant must be responsible for repair or restoration of leasehold improvements within the Premises, including, but not limited to, the Subtenant Alterations and any alterations constructed by Sublandlord prior to the Commencement Date. Sublandlord shall not in any event be responsible for reconstruction of any portion of the Premises that is the responsibility of Master Landlord under the Master Lease, provided that if Sublandlord elects to does not terminate the Master Lease pursuant Sublandlord will use commercially reasonable efforts 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 enforce any provision of the Master Lease, but subject Lease that shall require Master Landlord to any right of Subtenant to a direct lease pursuant to reconstruct the terms of the Master Consent. Subtenant shall have no right to terminate the Sublease in connection with any casualty Building or condemnation except to the extent that the Master Lease also is terminated as to the Sublease Premises.