Common use of Condemnation of Leased Premises Clause in Contracts

Condemnation of Leased Premises. (a) If the entire premises, at any time during the term of this lease or any extension thereof, shall be taken by the exercise of a power of eminent domain or under threat thereof, this lease shall then terminate as of the date of title vesting in such proceeding, all rentals shall be paid up to that date and Lessee shall have no claim against Lessor nor the condemning authority for the value of the unexpired term of this lease. (b) In the event of a partial taking of the building or more than 25% of the land area, which leaves the Premises unfit for the normal and proper conduct of the business of the Lessee, then, the Lessee shall have the right to cancel and terminate this lease effective upon the actual partial taking, all rentals shall be paid up to that date, and Lessee shall have no claim against Lessor nor the condemning authority for the value of any unexpired term of this lease. If this lease shall not be canceled as above provided, it shall continue in effect and the rental after such partial taking shall be that part of the rental herein agreed to be paid which the value of the untaken part of the Premises, immediately after the taking, bears to the value of the entire demised Premises immediately before the taking. If the Lessee's continued use of the Premises requires alterations and repairs by reason of a partial taking, the Lessor may elect to terminate this lease within thirty (3o) days, after the actual taking or subject to Lessee's right of termination above provided, which must be exercised in writing within thirty (3o) days after such partial taking, may elect to continue it, in which event the Lessor shall make all necessary alterations and repairs at its expense which are required because of such partial taking. Until such alterations and repairs shall have been completed, an equitable abatement of rent shall be made to Lessee for any portion of the Premises unfit for occupancy and use in the conduct of Lessee's business for the period during which the same is unfit for such occupancy and use. (c) In the event of any condemnation or taking as whether whole or partial, Lessee shall not be entitled to any part of the award paid for said condemnation; Lessor is to receive the full amount of such award, Lessee hereby expressly waiving any right or claim to any part thereof. Although all such damages awarded in the event of any condemnation are to belong to the Lessor, whether such damages are awarded as compensation for diminution in value of the leasehold or to the Premises, Lessee shall have the right to claim and recover from the condemning authority, but not from the Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, fixtures, leasehold improvements and equipment.

Condemnation of Leased Premises. 20.1 If all of the Premises is taken in a condemnation, eminent domain, or similar proceeding for a public taking or agreement in lieu thereof (a) If the entire premisesa "Taking"), at any time during the term of then this lease or any extension thereof, Lease shall be taken by the exercise of a power of eminent domain or under threat thereof, this lease shall then terminate as of the date of title vesting in such proceeding, all rentals shall be paid up to that date and Lessee shall have no claim against Lessor nor the condemning authority for the value of the unexpired term of this leasepossession is taken. (b) In the event 20.2 If there is a Taking of a partial taking of the building or more than 25% of the land area, which leaves the Premises unfit for the normal and proper conduct of the business of the Lessee, then, the Lessee shall have the right to cancel and terminate this lease effective upon the actual partial taking, all rentals shall be paid up to that date, and Lessee shall have no claim against Lessor nor the condemning authority for the value of any unexpired term of this lease. If this lease shall not be canceled as above provided, it shall continue in effect and the rental after such partial taking shall be that part of the rental herein agreed to be paid which the value of the untaken only part of the Premises, immediately after and the takingpartial Taking renders that portion not taken unsuitable for Tenant's business, bears to then this Lease shall terminate as of the date possession is taken. If the partial Taking does not render the remainder of the Premises unsuitable for Tenant's business, then this Lease shall continue in effect, except that the fixed Minimum Rent (and the percentage rent Breakpoint) shall be reduced in the same proportion that the value of the entire demised portion being taken bears to the total value of the Premises immediately before the taking. Taking. 20.3 If there is a Taking and this Lease is not terminated as a result thereof, then Landlord shall, upon receipt of proceeds from the Lessee's continued use of the Premises requires alterations and repairs by reason of a partial takingTaking, the Lessor may elect to terminate this lease within thirty (3o) days, after the actual taking or subject to Lessee's right of termination above provided, which must be exercised in writing within thirty (3o) days after such partial taking, may elect to continue it, in which event the Lessor shall make all necessary repairs or alterations and repairs at its expense which are to the Premises. Landlord shall not in any event be required because of such partial taking. Until such alterations and repairs shall have been completed, to spend for the work an equitable abatement of rent shall be made to Lessee for any portion amount in excess of the Premises unfit amount received by and made available to Landlord for occupancy that purpose and use in not required to be applied to the conduct reduction of Lesseeindebtedness secured by a mortgage covering the Premises. However, Landlord shall not be required to restore any of Tenant's business for merchandise, inventory, furniture, fixtures, and other property, which excluded items are the period during which the same is unfit for such occupancy and use.sole responsibility of Tenant. <PAGE> 31 (c) In the event of any condemnation or taking as whether whole or partial, Lessee 20.4 Tenant shall not be entitled to any part of the and expressly waives all claims to an award paid for said condemnation; Lessor is to receive the full amount of such award, Lessee hereby expressly waiving any right or claim to any part thereof. Although all such damages awarded in the event of any condemnation are to belong to the Lessor, whether such damages are awarded as similar compensation for diminution in value of the leasehold or to the Premisesa Taking, Lessee although Tenant shall have the right if Landlord's award is not reduced, to make a separate claim and recover from the condemning authoritycondemnor, but not from the LessorLandlord, such for compensation as may be separately awarded or recoverable by Lessee Tenant in Lessee's its own right on account of any and all for damage to LesseeTenant's business by reason of the condemnation property and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, fixtures, leasehold improvements and equipmentinterests.

Condemnation of Leased Premises. (a) If the entire demised premises, at any time during the term of this lease or any extension thereof, shall be taken by the exercise of a power of eminent domain or under threat thereofdomain, this lease shall then terminate as of the date of title vesting in such proceeding, all rentals shall be paid up to that date date, and Lessee shall have no claim against Lessor nor the condemning authority for the value of the unexpired term of this lease. (b) . In the event of a partial taking of the building or more than 25% of the land area, which leaves the Premises premises unfit for the normal and proper conduct of the business of the Lessee, then, then the Lessee lessee shall have the right to cancel and terminate this lease effective upon the actual partial taking, all rentals shall be paid up to that date, and Lessee shall have no claim against Lessor nor the condemning authority for the value of any unexpired term of this lease. If this lease shall not be canceled as above provided, it shall continue in effect and the rental after such partial taking shall be that part of the rental herein agreed to be paid which the value of the untaken part of the Premisespremises, immediately after the taking, bears to the value of the entire demised Premises premised immediately before the taking. If the Lesseelessee's continued use of the Premises premises requires alterations and repairs by reason of a partial taking, the Lessor may elect to terminate this lease within thirty (3o30) days, days after the actual taking taking; or subject to Lessee's right of termination above provided, which must be exercised in writing within thirty (3o30) days after such partial taking, taking ,may elect to continue it, in which event the Lessor shall make all necessary alterations and repairs at its expense which are required because of such partial taking. Until such alterations and repairs shall have been completed, an and equitable abatement of rent shall be made to Lessee for any portion of the Premises premises unfit for occupancy and use in the conduct of Lessee's business for the period during which the same is unfit for such occupancy and use. (c) . In the event of any condemnation or taking as aforesaid, whether whole or partial, Lessee shall not be entitled to any part of the award paid for said condemnation; Lessor is to receive the full amount of such award, Lessee hereby expressly waiving any right or claim to any part thereof. Although all such damages awarded in the event of any condemnation are to belong to the Lessor, whether such damages are awarded as compensation for diminution in value of the leasehold or to the Premisesfee of the leased premises, Lessee shall have the right to claim and recover from the condemning authority, but not from the Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, fixtures, leasehold improvements and equipment.

Condemnation of Leased Premises. (a) A. If the entire premisesPremises or any portion thereof which leaves the Premises reasonably unfit for the normal conduct of the business of Tenant, at any time during the term Term of this lease Lease or any extension thereof, shall be taken by the exercise of a power of eminent domain or under threat thereofdomain, this lease Lease shall then terminate as of the date of title vesting in such proceeding, all rentals Rent shall be paid up to that date date, and Lessee Tenant shall have no claim against Lessor nor Landlord or the condemning authority for the value of the unexpired term Term of this lease. (b) In the event of a partial taking of the building or more than 25% of the land areaLease, which leaves the Premises unfit for the normal and proper conduct of the business of the Lessee, then, the Lessee nor shall Landlord have the right to cancel and terminate this lease effective upon the actual partial taking, all rentals shall be paid up to that date, and Lessee shall have no any claim against Lessor nor the condemning authority Tenant for the value of any unexpired term of this lease. If this lease shall not be canceled as above provided, it shall continue in effect and the rental after such partial taking shall be that part of the rental herein agreed to be paid which the value of the untaken part of the Premises, immediately after the taking, bears obligations relating to the value of the entire demised Premises immediately before the taking. If the Lessee's continued use of the Premises requires alterations and repairs by reason of a partial taking, the Lessor may elect to terminate this lease within thirty (3o) days, after the actual taking or subject to Lessee's right of termination above provided, which must be exercised in writing within thirty (3o) days after such partial taking, may elect to continue it, in which event the Lessor shall make all necessary alterations and repairs at its expense which are required because of such partial taking. Until such alterations and repairs shall have been completed, an equitable abatement of rent shall be made to Lessee for any unexpired portion of the Premises unfit for occupancy and use in the conduct of Lessee's business for the period during which the same is unfit for such occupancy and useTerm. (c) B. In the event of any condemnation or taking as aforesaid, whether whole or partial, Lessee Tenant shall not be entitled to any part of the award paid for said condemnationsuch condemnation except as set forth below; Lessor is to receive the full amount of such award, Lessee Tenant hereby expressly waiving any right or claim to any part thereof. Although all such damages awarded in the event of any condemnation are to belong to the LessorLandlord, whether such damages are awarded as compensation for diminution in value of the leasehold or to the fee of the leased Premises, Lessee Tenant shall have the right to claim and recover from the condemning authority, but not from the LessorLandlord, such compensation as may be separately awarded or recoverable by Lessee Tenant in Lessee's Tenant’s own right on account of Tenant’s merchandise, furniture, fixtures, leasehold improvements and equipment or any and all damage to Lessee's Tenant’s business by reason of the condemnation and for or on account of any cost or loss to which Lessee Tenant might be put subject in removing Lessee's Tenant’s merchandise, furniture, fixtures, leasehold improvements and equipment.

Condemnation of Leased Premises. (a) If the entire premiseswhole of the leased premises shall be acquired or condemned by eminent domain for any public or quasi public use or purpose, at any time during then the term of this lease or any extension thereof, Lease shall be taken by the exercise of a power of eminent domain or under threat thereof, this lease shall then cease and terminate as of the date of title vesting in such proceeding, all rentals shall be paid up to that date date, and Lessee LESSEE shall have no claim against Lessor nor the condemning authority for the value of the unexpired term of this lease. (b) In the event of a partial taking of the building or more than 25% of the land area, which leaves the Premises unfit for the normal and proper conduct of the business of the Lessee, then, the Lessee shall have the right to cancel and terminate this lease effective upon the actual partial taking, all rentals shall be paid up to that date, and Lessee shall have no claim against Lessor LESSOR nor the condemning authority for the value of any unexpired term of this leaseLease. If any part of the leased premises shall be acquired or condemned as aforesaid, and in the event such partial taking or condemnation shall render the leased premises unsuitable for the business of the LESSEE then the term of this lease Lease shall cease and terminate as of the date of title vesting in such proceeding. LESSEE shall have no claim against LESSOR nor the condemning authority for the value of any unexpired term of this Lease, and rent shall be adjusted to the date of such termination. In the event of a partial taking or condemnation which is not be canceled as above provided, it extensive enough to render the premises unsuitable for the business of the LESSEE this Lease shall continue in full force and effect and the rental after such partial taking shall be that part of the rental herein agreed to be paid which the value of the untaken part of the Premises, immediately after the taking, bears to the value of the entire demised Premises immediately before the taking. If the Lessee's continued use of the Premises requires alterations and repairs by reason of a partial taking, the Lessor may elect to terminate this lease within thirty (3o) days, after the actual taking without any reduction or subject to Lessee's right of termination above provided, which must be exercised in writing within thirty (3o) days after such partial taking, may elect to continue it, in which event the Lessor shall make all necessary alterations and repairs at its expense which are required because of such partial taking. Until such alterations and repairs shall have been completed, an equitable abatement of rent shall be made to Lessee for any portion of the Premises unfit for occupancy and use in the conduct of Lessee's business for the period during which the same is unfit for such occupancy and use. (c) rent. In the event of any condemnation or taking as aforesaid, whether whole or partial, Lessee the LESSEE shall not be entitled to any part of the award paid for said such condemnation; Lessor : LESSOR is to receive the full amount of such award, Lessee the LESSEE hereby expressly waiving any right or claim to any part thereof. Although all of such damages awarded in the event of any condemnation are to belong to the LessorLESSOR, whether such damages are awarded as compensation for diminution in value of the leasehold or to the Premises, Lessee fee of the leased premises. LESSEE shall have the right to claim and recover from the condemning authority, but not from the LessorLESSOR, such compensation as may be separately awarded or recoverable by Lessee LESSEE in Lessee's LESSEE'S own right on account of any and all damage to Lessee's LESSEE'S business by reason of the condemnation and for or on account of any cost or loss to which Lessee LESSEE might be put in removing Lessee's merchandise, LESSEE'S furniture, fixtures, leasehold improvements and equipment.

Condemnation of Leased Premises. (a) If the entire premisesLeased Premises, at any time during the term of this lease Lease or any extension thereof, shall be taken by the exercise of a power of eminent domain or under threat thereof, this lease Lease shall then terminate as of the date of title vesting in such proceeding, all rentals shall be paid up to that date and Lessee shall have no claim against Lessor nor the condemning authority for the value of the unexpired term of this leaseLease. (b) In the event of a partial taking of the building or more than 25% of the land areaProperty, which leaves the Leased Premises unfit for the normal and proper conduct of the business of the Lessee, then, then the Lessee or Lessor shall have the right right, upon written notice to the other party given within 30 days of such partial taking, to cancel and terminate this lease effective upon the actual partial takingLease, all rentals shall be paid up to that date, and Lessee shall have no claim against Lessor nor the condemning authority for the value of any unexpired term of this leaseLease. If this lease Lease shall not be canceled as above provided, it shall continue in effect and the rental after such partial taking shall be that part of the rental herein agreed to be paid which the value of the untaken part of the Leased Premises, immediately after the taking, bears to the value of the entire demised Leased Premises immediately before the taking. If the Lease is not terminated after a partial taking, and Lessee's continued use of the Leased Premises requires alterations and repairs by reason of a partial taking, the Lessor may elect to terminate this lease within thirty (3o) days, after the actual taking or subject to Lessee's right of termination above provided, which must be exercised in writing within thirty (3o) days after such partial taking, may elect to continue it, in which event the Lessor shall make all necessary reasonable alterations and repairs at its expense which are required necessary because of such partial taking. Until such alterations and repairs shall have been completed, an equitable abatement of rent shall be made to Lessee for any portion of the Leased Premises unfit for occupancy and use in the conduct of Lessee's business for the period during which the same is unfit for such occupancy and use. (c) In the event of any condemnation or taking as as, whether whole or partial, Lessee shall not be entitled to any part of the award paid for said condemnation; Lessor is to receive the full amount of such award, Lessee hereby expressly waiving any right or claim to any part thereof. Although all such damages awarded in the event of any condemnation are to belong to the Lessor, whether such damages are awarded as compensation for diminution in value of the leasehold Leasehold or to the Leased Premises, Lessee shall have the right to claim and recover from the condemning authority, but not from the Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, fixtures, leasehold Leasehold improvements and equipment, but only to the extent such award to the Lessee does not diminish Lessor's award.

Condemnation of Leased Premises. (a) If the entire premiseswhole of the Leased Premises shall be acquired or condemned by eminent domain for any public or quasi public use or purpose, at any time during then the term of this lease or any extension thereof, Lease shall be taken by the exercise of a power of eminent domain or under threat thereof, this lease shall then cease and terminate as of the date of title vesting in such proceeding, all rentals shall be paid up to that date and Lessee shall have no claim against Lessor nor the condemning authority for the value of the unexpired term of this lease. (b) In the event of a partial taking of the building or more than 25% of the land area, which leaves the Premises unfit for the normal and proper conduct of the business of the Lessee, then, the Lessee shall have the right to cancel and terminate this lease effective upon the actual partial taking, all rentals shall be paid up to that date, and Lessee shall have no claim against Lessor nor the condemning authority for the value of any unexpired term of this leaseLease. If any part of the Leased Premises shall be acquired or condemned as aforesaid, and in the event such partial taking or condemnation shall render the Leased Premises unsuitable for the business of the Lessee then the term of this lease Lease shall cease and terminate as of the date of title vesting in such proceeding. Lessee shall have no claim against Lessor nor the condemning authority for the value of any unexpired term of this Lease, and rent shall be adjusted to the date of such termination. In the event of a partial taking or condemnation which is not be canceled as above provided, it extensive enough to render the Leased Premises unsuitable for the business of the Lessee this Lease shall continue in full force and effect and the rental after such partial taking shall be that part of the rental herein agreed to be paid which the value of the untaken part of the Premises, immediately after the taking, bears to the value of the entire demised Premises immediately before the taking. If the Lessee's continued use of the Premises requires alterations and repairs by reason of a partial taking, the Lessor may elect to terminate this lease within thirty (3o) days, after the actual taking without any reduction or subject to Lessee's right of termination above provided, which must be exercised in writing within thirty (3o) days after such partial taking, may elect to continue it, in which event the Lessor shall make all necessary alterations and repairs at its expense which are required because of such partial taking. Until such alterations and repairs shall have been completed, an equitable abatement of rent shall be made to Lessee for any portion of the Premises unfit for occupancy and use in the conduct of Lessee's business for the period during which the same is unfit for such occupancy and use. (c) rent. In the event of any condemnation or taking as aforesaid, whether whole or partial, the Lessee shall not be entitled to any part of the award paid for said such condemnation; . Lessor is to receive the full amount of such award, the Lessee hereby expressly waiving any right or claim to any part thereof. Although all of such damages awarded in the event of any condemnation are to belong to the Lessor, whether such damages are awarded as compensation for diminution in value of the leasehold Leasehold or to the fee of the Leased Premises, . Lessee shall have the right to claim and recover from the condemning authority, but not from the Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, fixtures, leasehold Leasehold improvements and equipment.

Condemnation of Leased Premises. 20.1 If all of the Premises is taken in a condemnation, eminent domain, or similar proceeding for a public taking or agreement in lieu thereof (a) If the entire premisesa "Taking"), at any time during the term of then this lease or any extension thereof, Lease shall be taken by the exercise of a power of eminent domain or under threat thereof, this lease shall then terminate as of the date of title vesting in such proceeding, all rentals shall be paid up to that date and Lessee shall have no claim against Lessor nor the condemning authority for the value of the unexpired term of this leasepossession is taken. (b) In the event 20.2 If there is a Taking of a partial taking of the building or more than 25% of the land area, which leaves the Premises unfit for the normal and proper conduct of the business of the Lessee, then, the Lessee shall have the right to cancel and terminate this lease effective upon the actual partial taking, all rentals shall be paid up to that date, and Lessee shall have no claim against Lessor nor the condemning authority for the value of any unexpired term of this lease. If this lease shall not be canceled as above provided, it shall continue in effect and the rental after such partial taking shall be that part of the rental herein agreed to be paid which the value of the untaken only part of the Premises, immediately after and the takingpartial Taking renders that portion not taken unsuitable for Tenant's business, bears to then this Lease shall terminate as of the date possession is taken. If the partial Taking does not render the remainder of the Premises unsuitable for Tenant's business, then this Lease shall continue in effect, except that the fixed Minimum Rent (and the percentage rent Breakpoint) shall be reduced in the same proportion that the value of the entire demised portion being taken bears to the total value of the Premises immediately before the taking. Taking. 20.3 If there is a Taking and this Lease is not terminated as a result thereof, then Landlord shall, upon receipt of proceeds from the Lessee's continued use of the Premises requires alterations and repairs by reason of a partial takingTaking, the Lessor may elect to terminate this lease within thirty (3o) days, after the actual taking or subject to Lessee's right of termination above provided, which must be exercised in writing within thirty (3o) days after such partial taking, may elect to continue it, in which event the Lessor shall make all necessary repairs or alterations and repairs at its expense which are to the Premises. Landlord shall not in any event be required because of such partial taking. Until such alterations and repairs shall have been completed, to spend for the work an equitable abatement of rent shall be made to Lessee for any portion amount in excess of the Premises unfit amount received by and made available to Landlord for occupancy that purpose and use in not required to be applied to the conduct reduction of Lesseeindebtedness secured by a mortgage covering the Premises. However, Landlord shall not be required to restore any of Tenant's business for merchandise, inventory, furniture, fixtures, and other property, which excluded items are the period during which the same is unfit for such occupancy and usesole responsibility of Tenant. (c) In the event of any condemnation or taking as whether whole or partial, Lessee 20.4 Tenant shall not be entitled to any part of the and expressly waives all claims to an award paid for said condemnation; Lessor is to receive the full amount of such award, Lessee hereby expressly waiving any right or claim to any part thereof. Although all such damages awarded in the event of any condemnation are to belong to the Lessor, whether such damages are awarded as similar compensation for diminution in value of the leasehold or to the Premisesa Taking, Lessee although Tenant shall have the right if Landlord's award is not reduced, to make a separate claim and recover from the condemning authoritycondemnor, but not from the LessorLandlord, such for compensation as may be separately awarded or recoverable by Lessee Tenant in Lessee's its own right on account of any and all for damage to LesseeTenant's business by reason of the condemnation property and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, fixtures, leasehold improvements and equipmentinterests.