CONDEMNATION OF COMMON AREA. If all or any portion of the Common Area is taken for any public or quasi-public use under any statute, by right of eminent domain or by purchase in lieu of eminent domain, the entire award shall be deposited into the Current Operation Account until distributed. The Association shall distribute such funds equally to all Owners and shall represent the interests of all Owners.
CONDEMNATION OF COMMON AREA. If twenty-five percent (25%) or more of the Common Area shall be taken, Landlord may terminate this Lease. Landlord shall give written notice to Tenant of such election not later than thirty (30) days after the date of taking. If Landlord does not give such notice or more than seventy-five percent (75%) of the Common Area will be available after such taking, this Lease shall remain in full force and effect. Notwithstanding anything to the contrary contained herein, if a taking of a portion of the Common Area results in a violation of or noncompliance with governmental requirements, then Landlord may elect to terminate this Lease by giving the notice described herein.
CONDEMNATION OF COMMON AREA. If any part of the Common Area is taken as aforesaid, this License shall not terminate nor shall the License Fees payable hereunder be reduced, except that either Licensor or Licensee may terminate this License as to such location if the area of the Common Area remaining following such taking plus any additional parking area provided by Licensor in reasonable proximity to the Store is less than seventy percent (70%) of the area of the Common Area immediately prior to the taking. Any election to terminate this License as to such location in accordance with this provision shall be evidenced by written notice of termination delivered to the other party within thirty (30) days after the date physical possession is taken by the condemning authority.
CONDEMNATION OF COMMON AREA. If any portion of the Common Area of the Building Complex shall be taken for a public or quasi-public use or purpose under the power of eminent domain, or transferred under threat thereof, and such taking deprives Tenant, its subtenants, licensees, concessionaires, business invitees, customers, suppliers, agents, representatives or employees of reasonable ingress and egress to and from the Building Complex or the Premises, or if such taking reduces the area of the vehicular parking portions of the Common Area by an amount which violates applicable zoning or code requirements, then, and in either such event, Tenant and Landlord shall each have the right, within thirty (30) days after the date of transfer of title or possession, whichever occurs first, to cancel and terminate this Lease by giving to the other at least thirty (30) days written notice of its election so to do provided, however, that Tenant shall have no such right to cancel or terminate this Lease if Landlord promptly commences. to take steps to restore reasonable means of ingress and egress or (as the case may be) to restore the vehicular parking portions of the Common Area to amounts which comply with applicable zoning and code requirements by substituting therefore other lands within the Building Complex or located within a reasonable proximity thereto, or by constructing multiple level or subterranean parking, or by any or all of such means and thereafter diligently proceeds to complete such restoration. In the event Tenant shall elect to remain in possession, or if this Lease is not otherwise terminated in accordance with the provisions of this subparagraph 16(d), there shall be no reduction or abatement of any rent or other charge whatsoever payable on the part of Tenant to Landlord hereunder, and this Lease shall continue in all respects in full force and effect.
CONDEMNATION OF COMMON AREA. If any part of the Common Area should be taken as aforesaid, this Lease shall not terminate, nor shall the Rent payable hereunder be reduced, except that either Landlord or Tenant may terminate this Lease if the area of the Common Area remaining following such taking plus any additional parking area provided by Landlord in reasonable proximity to the Shopping Center shall be less than seventy percent (70%) of the area of the Common Area immediately prior to the taking. Any election to terminate this Lease in accordance with this provision shall be evidenced by written notice of termination delivered to the other party within sixty (60) days after the date physical possession is taken by the condemning authority.
CONDEMNATION OF COMMON AREA. If at any time all or any portion of any Common Area, or any interest therein, shall be taken for any public or quasi-public use, under any statutes, by right of eminent domain, or by private purchase in lieu of eminent domain, the entire compensation or award in condemnation, to the extent such award is not apportioned among the Owners by court judgment or by agreement between the condemning authority and each of the affected Owners in the Development, shall be paid to the Association and shall be used in the manner determined by the Board, provided that such use shall not be inconsistent with the purposes of the Association. The Association shall represent the interests of all Owners in any proceedings relating to such condemnation to the extent such Owners have any interest in the Common Area (provided that the Owners of the Individual Residences shall have the right to represent their own independent interests in preserving access rights to such Individual Residences over any Lots constituting Common Areas, to the extent applicable).
