Common use of Condemnation/Eminent Domain Clause in Contracts

Condemnation/Eminent Domain. In case during the Term all or any substantial part of the Premises or the Building are taken by eminent domain this Lease shall terminate at Landlord's election, which may be made (notwithstanding that Landlord's entire interest may have been divested) by notice given to Tenant within 90 days after the election to terminate arises, specifying the effective date of termination. The effective date of termination specified by Landlord shall not be less than 30 nor more than 60 days after the date of notice of such termination. Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such taking, subject, however, to the following provisions. If in any such case the Premises are rendered unfit for use and occupation and this Lease is not terminated, Landlord shall use due diligence (following the expiration of the period in which Landlord may terminate this Lease pursuant to the foregoing provisions of this Section) to put the Premises, or what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required to remove pursuant to Section 5.12), into proper condition for use and occupation and a just proportion of the Fixed Rent and additional charges for Operating Expenses according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Fixed Rent and additional charges for Operating Expenses shall be abated for the remainder of the Term.

Condemnation/Eminent Domain. In case during the Term all or any substantial part of the Premises or the Building or material access thereto are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's election, which may be made (notwithstanding that Landlord's entire interest may have been divested) by notice given to Tenant within 90 days after the election to terminate arises, specifying the effective date of termination. The effective date of termination specified by Landlord shall not be less than 30 15 nor more than 60 30 days after the date of notice of such termination. Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such taking, subject, however, to the following provisions. If in any such case any portion of the Premises are is rendered unfit for use and occupation and this Lease is not terminated, Landlord shall use due diligence (following the expiration of the period in which Landlord may terminate this Lease pursuant to the foregoing provisions of this Section) to put the Premises, or what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required to remove pursuant to Section 5.12), into proper condition for use and occupation and a just proportion of the Annual Fixed Rent and additional charges for Operating Expenses rent according to the nature and extent of the injury and its effect on Tenant's business operations shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Fixed Rent and additional charges for Operating Expenses rent shall be abated for the remainder of the Term. Notwithstanding the foregoing, Tenant shall have the right to terminate this lease following a taking by eminent domain (or other transfer in lieu thereof): (i) if more than twenty-five (25%) of the Premises then occupied and in use by Tenant are taken, or (ii) if access to the Premises is denied as a result thereof and Landlord fails or is unable to provide reasonable substitute access. Tenant may exercise such termination right, if at all, by giving written notice to Landlord within thirty (30) days following such taking, specifying a termination date not more than sixty (60) days nor less than thirty (30) days after the day on which such termination notice is received, and the termination shall be effective as of such date.

Condemnation/Eminent Domain. In case If, during the Term Term, all or any substantial part of the Premises are actually taken away from Landlord or the Building are taken its successors in title by eminent domain domain, this Lease shall terminate at either Landlord's or Tenant's election, which may be made (notwithstanding that Landlord's entire interest may have been divested) by notice given to Tenant within 90 days after the event giving rise to the election to terminate arises, specifying the effective date of termination. The effective date of termination specified by Landlord shall not be less than 30 nor more than 60 days after the date of notice of such terminationtermination unless an earlier date is required by the terms of the taking. Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such taking, subject, however, to the following provisions. If in any such case the Premises or any substantial part thereof are rendered unfit for use and occupation and this Lease is not terminated, Landlord shall use due diligence (following the expiration of the period in which Landlord may terminate this Lease pursuant to the foregoing provisions of this Section, or if Landlord and Tenant waive their right to terminate, following such waiver) to put the Premises, or what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required to remove pursuant to Section 5.12hereunder), into proper condition for use and occupation occupation, and a just proportion of the Annual Fixed Rent and additional charges for Operating Expenses Additional Rent according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; , and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional charges for Operating Expenses Additional Rent shall be abated for the remainder of the Term.

Condemnation/Eminent Domain. In case during the Term all or any substantial part of the Premises or Phase 2 or the Building common areas of the Project are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's ’s election, which may be made (notwithstanding that Landlord's ’s entire interest may have been divested) by notice given to Tenant within 90 days after the election to terminate arises, specifying the effective date of termination. The effective date of termination specified by Landlord shall not be less than 30 15 nor more than 60 30 days after the date of notice of such termination. Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such taking, subject, however, to the following provisions. If in any such case the Premises are rendered unfit for use and occupation and this Lease is not terminated, Landlord shall use due diligence (following the expiration of the period in which Landlord may terminate this Lease pursuant to the foregoing provisions of this Section) to put the Premises, or what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required to remove pursuant to Section 5.12), into proper condition for use and occupation and a just proportion of the Annual Fixed Rent and additional charges for Operating Expenses according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional charges for Operating Expenses shall be abated for the remainder of the Term.

Condemnation/Eminent Domain. In case during the Term all or any substantial part of the Premises or the Building are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's ’s election, which may be made (notwithstanding that Landlord's ’s entire interest may have been divested) by notice given to Tenant within 90 ninety (90) days after the election to terminate arises, specifying the effective date of termination. The effective date of termination specified by Landlord shall not be less than 30 fifteen (15) nor more than 60 thirty (30) days after the date of notice of such termination. Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such taking, subject, however, to the following provisions. If in any such case the Premises are rendered unfit for use and occupation and this Lease is not terminated, Landlord shall EAST\66392481.7 use due reasonable diligence (following the expiration of the period in which Landlord may terminate this Lease pursuant to the foregoing provisions of this SectionSection 6.2) to put the Premises, or what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required to remove pursuant to Section 5.125.10), into proper condition for use and occupation and a just proportion of the Annual Fixed Rent and additional charges Additional Rent for Operating Expenses according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional charges Additional Rent for Operating Expenses and Taxes shall be abated for the remainder of the Term. If the taking of a part of the Premises substantially and adversely interferes with Tenant’s ability to continue its business operations then Tenant may terminate this Lease on written notice to Landlord given not more than thirty (30) days after such taking and effective on the earlier of: (i) the date when title vests; (ii) the date Tenant is dispossessed by the condemning authority; or (iii) sixty (60) days following notice to Tenant of the date when vesting or dispossession is to occur.

Condemnation/Eminent Domain. In case If, during the Term Term, all or any substantial part of the Premises are actually taken away from Landlord or the Building are taken its successors in title by eminent domain domain, this Lease shall terminate at either Landlord's ’s or Tenant’s election, which may be made (notwithstanding that Landlord's ’s entire interest may have been divested) by notice given to Tenant within 90 days after the event giving rise to the election to terminate arises, specifying the effective date of termination. The effective date of termination specified by Landlord shall not be less than 30 nor more than 60 days after the date of notice of such terminationtermination unless an earlier date is required by the terms of the taking. Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such taking, subject, however, to the following provisions. If in any such case the Premises or any substantial part thereof are rendered unfit unfi t for use and occupation and this Lease is not terminated, Landlord shall use due diligence (following the expiration of the period in which Landlord may terminate this Lease pursuant to the foregoing provisions of this Section, or if Landlord and Tenant waive their right to terminate, following such waiver) to put the Premises, or what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required to remove pursuant to Section 5.124.12), into proper condition for use and occupation occupation, and a just proportion of the Fixed Rent and additional charges for Operating Expenses according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; , and in case of a taking which permanently reduces the area of of’ the Premises, a just proportion of the Fixed Rent and additional charges for Operating Expenses shall be bc abated for the remainder of of’ the Term.

Condemnation/Eminent Domain. In case during the Term all or any substantial part of the Premises or Phase 2 or the Building common areas of the Project are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's ’s election, which may be made (notwithstanding that Landlord's ’s entire interest may have been divested) by notice given to Tenant within 90 days after the election to terminate arises, specifying the effective date of termination. The effective date of termination specified by Landlord shall not be less than 30 15 nor more than 60 30 days after the date of notice of such termination. Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such taking, subject, however, to the following provisions. If in any such case the Premises are rendered unfit for use and occupation and this Lease is not terminated, Landlord shall use due diligence (following the expiration of the period in which Landlord may terminate this Lease pursuant to the foregoing provisions of this Section) to put the Premises, or what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required to remove pursuant to Section 5.12), into proper condition for use and occupation and a just proportion of the Annual Fixed Rent and additional charges for Operating Expenses under Section 2.6.1 according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional charges for Operating Expenses under Sections 2.6 and 2.7 shall be abated for the remainder of the Term. If Landlord neither has elected to terminate this Lease as provided above in this Section 6.2 nor has so put the Premises or what may remain thereof into such proper condition for use and occupation (subject only to punchlist type items the completion of which does not unreasonably interfere with Tenant’s use of the Premises) within ninety (90) days after Landlord’s right to terminate this Lease under this Section 6.2 arises, then, within ten (10) days after such 90 day period has expired, Tenant may terminate this Lease by notice to Landlord effective on the thirtieth (30th) day after such notice is given, provided that such termination notice shall be effective only if restoration of the Premises or the portion in question has not been substantially completed before the date of termination. If Tenant fails timely to exercise its right to terminate under this Section 6.2, Tenant shall not have any further such right.

Condemnation/Eminent Domain. In case during the Term all or any substantial part of the Premises or the Building are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's election, which may be made (notwithstanding that Landlord's entire interest may have been divested) by notice given to Tenant within 90 days after the election to terminate arises, specifying the effective date of termination. The effective date of termination specified by Landlord shall not be less than 30 15 nor more than 60 30 days after the date of notice of such termination. If any portion (other than a portion which, if condemned, would not unreasonably affect Tenant's use of the Premises for the Permitted Uses) of the Premises is taken by eminent domain and thereby rendering the Premises unfit for use and occupation, Tenant may terminate this Lease by notice to Landlord effective on the 30th day after such notice is given. Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such taking, subject, however, to the following provisions. If in any such case the Premises are rendered unfit for use and occupation and this Lease is not terminated, Landlord shall use due diligence (following the expiration of the period in which Landlord may terminate this Lease pursuant to the foregoing provisions of this Section) to put the Premises, or what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required to remove pursuant to Section 5.12), into proper condition for use and occupation and a just proportion of the Fixed Rent and additional charges for Operating Expenses and Taxes according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Fixed Rent and additional charges for Operating Expenses and Taxes shall be abated for the remainder of the Term.

Condemnation/Eminent Domain. In case during the Term all or any substantial part of the Premises or the Building are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's ’s election, which may be made (notwithstanding that Landlord's ’s entire interest may have been divested) by notice given to Tenant within 90 ninety (90) days after the election to terminate arises, specifying the effective date of termination. The effective date of termination specified by Landlord shall not be less than 30 fifteen (15) nor more than 60 thirty (30) days after the date of notice of such termination. Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such taking, subject, however, to the following provisions. If in any such case the Premises are rendered unfit for use and occupation and this Lease is not terminated, Landlord shall use due reasonable diligence (following the expiration of the period in which Landlord may terminate this Lease pursuant to the foregoing provisions of this SectionSection 6.2) to put the Premises, or what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required to remove pursuant to Section 5.125.10), into proper condition for use and occupation and a just proportion of the Annual Fixed Rent and additional charges Additional Rent for Operating Expenses according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area EAST\66392481.7 of the Premises, a just proportion of the Annual Fixed Rent and additional charges Additional Rent for Operating Expenses and Taxes shall be abated for the remainder of the Term. If the taking of a part of the Premises substantially and adversely interferes with Tenant’s ability to continue its business operations then Tenant may terminate this Lease on written notice to Landlord given not more than thirty (30) days after such taking and effective on the earlier of: (i) the date when title vests; (ii) the date Tenant is dispossessed by the condemning authority; or (iii) sixty (60) days following notice to Tenant of the date when vesting or dispossession is to occur.

Condemnation/Eminent Domain. In case during the Term all or any substantial part of the Premises or the Building are taken by eminent domain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this Lease shall terminate at Landlord's ’s election, which may be made (notwithstanding that Landlord's ’s entire interest may have been divested) by notice given to Tenant within 90 days after the election to terminate arises, specifying the effective date of termination. The effective date of termination specified by Landlord shall not be less than 30 15 nor more than 60 30 days after the date of notice of such termination. Unless terminated pursuant to the foregoing provisions, this Lease shall remain in full force and effect following any such taking, subject, however, to the following provisions. If in any such case the Premises are rendered unfit for use and occupation and this Lease is not terminated, Landlord shall use due diligence (following the expiration of the period in which Landlord may terminate this Lease pursuant to the foregoing provisions of this Section) to put the Premises, or what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required to remove pursuant to Section 5.12), into proper condition for use and occupation and a just proportion of the Annual Fixed Rent and additional charges for Operating Expenses according to the nature and extent of the injury shall be abated until the Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the Premises, a just proportion of the Annual Fixed Rent and additional charges for Landlord’s Operating Expenses shall be abated for the remainder of the Term. If the entire Premises or the portions of the Building required for reasonable access to, or the reasonable use of, the Premises are taken by eminent domain, this Lease shall automatically end on the earlier of: (i) the date title vests; or (ii) the date Tenant is dispossessed by the condemning authority. If the taking of a part of the Premises materially interferes with Tenant’s ability to continue its business operations then Tenant may end this Lease on the earlier of: (i) the date when title vests; (ii) the date Tenant is dispossessed by the condemning authority; or (iii) sixty (60) days following notice to Tenant of the date when vesting or dispossession is to occur. If there is a partial taking and this Lease continues, then the Lease shall end as to the part taken and the Annual Fixed Rent shall xxxxx in proportion to the part of the Premises taken.