Common use of Damage, Destruction, Condemnation Clause in Contracts

Damage, Destruction, Condemnation. (a) If all or any part of the Subleased Premises or any other part of the Building shall be damaged by fire or other casualty or be condemned or taken in any manner for a public or quasi - public use, then (i) Sublessor shall not be required by this Sublease to repair, restore or rebuild the same, (ii) the parties acknowledge that Landlord shall be required to repair, restore or rebuild the same to the extent provided in the Prime Lease, and (iii) if by reason of any such fire or other casualty or condemnation Sublessor shall receive an abatement of rent or additional rent relating directly to the Subleased Premises, there shall be a corresponding abatement of Base Rent or additional rent payable hereunder in proportion to the percentage of the abatement of Base Rent and Additional Rent Sublessor receives under the Prime Lease in respect of the Subleased Premises. (b) If the Prime Lease shall be terminated by either party thereto pursuant to Article 11 thereof, Sublessor shall promptly deliver written notice thereof to Sublessee and this Sublease shall terminate on and as of the same date, without any liability of either party to the other on account thereof (c) If the Prime Lease shall terminate or be terminated (by either party thereto) pursuant to Article 24 thereof, Sublessor shall promptly deliver written notice thereof to Sublessee and this Sublease shall terminate on and as of the same date, without liability of either party to the other on account thereof. (d) Except as provided in subsection (g) hereto, this Sublease shall not terminate by reason of any casualty or condemnation unless the Prime Lease is terminated by Sublessor or Landlord pursuant to the terms of the Prime Lease. (e) If any part of the Building shall be lawfully taken by condemnation or in any other manner for any public or quasi-public use or purpose and this Sublease shall not terminate pursuant to Section 36(c) hereof, then (i) this Sublease shall continue in full force and effect except as provided below, and (A) if all of the Subleased Premises shall be so taken, then this Sublease shall terminate, without liability of either party to the other on account thereof, and (B) if any part, but not all, of the Subleased Premises shall be so taken then (i) on the date of such taking this Sublease shall terminate as to such part of the Subleased Premises, without liability of either party with respect to such part on account thereof, and (ii) from and after such date, the rents hereunder shall be reduced pro-rata according to the rentable area of such part of the Subleased Premises. (f) In no event shall Sublessee be entitled to any portion of any award in any proceeding with respect to any taking and Sublessee hereby assigns to Sublessor any such portion or Interest which it may have by operation of law, except that Sublessee may make a claim with respect to the unamortized portion of its improvements to the Unfinished Space to the appropriate condemning authority, provided that same does not reduce any award to Sublessor or Prime Landlord. (g) Notwithstanding anything to the contrary herein, but without limiting Prime Landlord's or Sublessor's rights under the Prime Lease, if during the last two (2) years of the Term of this Sublease, the Subleased Premises are destroyed by fire or other casualty which venders at least 1/3 of the floor area of the Subleased Premises untenantable or unusable for Sublessee's intended use under this Sublease, Sublessee shall have the right to terminate this Sublease upon written notice to Sublessor within ten (10) days after the date of such casualty. (h) In case of any termination of this Sublease (in whole or in part) pursuant to this Section 36, rents shall be adjusted as of the date of termination, and any prepaid rents shall be refunded.

Damage, Destruction, Condemnation. Sublandlord shall not be required to perform any obligation of the Overlandlord pursuant to the Xxxxxxxxx as it relates to rebuilding or repair of the Building (aincluding the Subleased Premises) If all in the event of damage, destruction or condemnation of any part or all of the Building. If the Subleased Premises or any other part of the Building shall be damaged by fire or other casualty or be condemned or taken in any manner for a public or quasi - quasi-public use, then (i) Sublessor Subtenant agrees that in no event shall not it be required by this Sublease the obligation of Sublandlord to repair, restore or rebuild the same, (ii) Subleased Premises. Nothing contained in this Sublease shall limit or impair any right of Sublandlord to terminate the parties acknowledge that Landlord shall be required to repair, restore or rebuild the same Xxxxxxxxx pursuant to the extent provided provisions of the Xxxxxxxxx in the Prime Lease, and (iii) if by reason event of any such damage by fire or other casualty or condemnation. In the event of casualty or condemnation, if the Xxxxxxxxx is terminated with respect to the Subleased Premises pursuant to the provisions of the Xxxxxxxxx, this Sublease shall automatically terminate at the same time and Subtenant shall have no claim against Sublandlord or Overlandlord for the loss of its subleasehold interest or any of Subtenant's property. If the Xxxxxxxxx is not terminated with respect to the Subleased Premises upon the occurrence of a casualty or condemnation, the provisions of the Xxxxxxxxx with respect to casualty or condemnation Sublessor shall receive an abatement of rent or additional rent relating directly apply to this Sublease and the Subleased Premises, there shall be a corresponding abatement of Base Rent or additional rent payable hereunder in proportion subject to the percentage provisions of this Article. In the event of any condemnation of the abatement of Base Rent Overleased Premises, all awards and Additional Rent Sublessor receives under the Prime Lease in respect of the Subleased Premises. (b) If the Prime Lease shall be terminated by either party thereto pursuant compensation, or proceeds payable to Article 11 thereof, Sublessor shall promptly deliver written notice thereof to Sublessee and this Sublease shall terminate on and as of the same date, without any liability of either party to the other on account thereof (c) If the Prime Lease shall terminate or be terminated (by either party thereto) pursuant to Article 24 thereof, Sublessor shall promptly deliver written notice thereof to Sublessee and this Sublease shall terminate on and as of the same date, without liability of either party to the other on account thereof. (d) Except as provided in subsection (g) hereto, this Sublease shall not terminate by reason of any casualty or condemnation unless the Prime Lease is terminated by Sublessor or Landlord Sublandlord pursuant to the terms Xxxxxxxxx shall be the property of the Prime Lease. (e) If any Sublandlord. No part of the Building any condemnation awards, compensation or proceeds shall be lawfully taken by condemnation payable to Subtenant, provided that to the extent same does not violate the Xxxxxxxxx or in any other manner adversely affect Sublandlord's or Overlandlord's award, Subtenant may institute a separate action for a claim to a separate award with respect to the value of leasehold improvements it has paid for, and for any public of its personal property. Condemnation shall include a deed or quasi-public use conveyance in lieu of condemnation. Any election right or purpose and this Sublease shall not terminate pursuant option in the Xxxxxxxxx with respect to Section 36(c) hereof, then (i) this Sublease shall continue in full force and effect except as provided below, and (A) if all restoration of the Subleased Premises shall be so taken, then this Sublease shall terminate, without liability of either party to or the other on account thereof, and (B) if any part, but not all, Building or termination of the Subleased Premises shall be so taken then (i) on the date of such taking this Sublease shall terminate as Xxxxxxxxx in connection with casualty or condemnation is expressly reserved to such part of the Subleased Premises, without liability of either party with respect Sublandlord to such part on account thereof, and (ii) from and after such date, the rents hereunder shall be reduced pro-rata according to the rentable area of such part of the Subleased Premisesexercise or not exercise in its sole discretion. (f) In no event shall Sublessee be entitled to any portion of any award in any proceeding with respect to any taking and Sublessee hereby assigns to Sublessor any such portion or Interest which it may have by operation of law, except that Sublessee may make a claim with respect to the unamortized portion of its improvements to the Unfinished Space to the appropriate condemning authority, provided that same does not reduce any award to Sublessor or Prime Landlord. (g) Notwithstanding anything to the contrary herein, but without limiting Prime Landlord's or Sublessor's rights under the Prime Lease, if during the last two (2) years of the Term of this Sublease, the Subleased Premises are destroyed by fire or other casualty which venders at least 1/3 of the floor area of the Subleased Premises untenantable or unusable for Sublessee's intended use under this Sublease, Sublessee shall have the right to terminate this Sublease upon written notice to Sublessor within ten (10) days after the date of such casualty. (h) In case of any termination of this Sublease (in whole or in part) pursuant to this Section 36, rents shall be adjusted as of the date of termination, and any prepaid rents shall be refunded.

Damage, Destruction, Condemnation. (a) If all To the extent that the Master Lease gives Sublessor any rights following the occurrence of any damage, destruction or condemnation to terminate the Master Lease, to repair or restore the Sublease Premises, to contribute toward such repair or restoration costs to avoid termination, to obtain and utilize insurance or condemnation proceeds to repair or restore the Sublease Premises, or any part similar rights, such rights shall be reserved to and exercisable solely by Sublessor, in its sole and absolute discretion. and not by Sublessee. The exercise of any such right by Sublessor shall under no circumstances constitute a default or breach under this Sublease or subject Sublessor to any liability therefor. In the event, however, that Sublessor elects, in its sole and absolute discretion, to prevent Master Lessor from terminating the Master Lease by paying Master Lessor the amount required to restore the Sublease Premises in excess of the Subleased Premises or any other part amount required to be paid by Master Lessor (as set forth in Section 16 of the Building shall be damaged by fire or other casualty or be condemned or taken in any manner for a public or quasi - public useMaster Lease), then (i) Sublessor Sublessee shall not be required by to reimburse Sublessor for such amount unless Sublessee has agreed, within five (5) days after notice from Sublessor, to reimburse Sublessor for such amount. In the event that Sublessee fails to agree to reimburse Sublessor for such amount within such time period, however, Sublessor shall have the right to terminate this Sublease upon delivery of ten (10) days' notice to repairSublessee. Notwithstanding the preceding to the contrary, restore if, pursuant to Article 16 of the Master Lease, the Sublease Premises is damaged or rebuild the same, (ii) the parties acknowledge that Landlord shall be required to repair, restore or rebuild the same destroyed from any insured peril to the extent provided in of less than fifty percent (50%) of the Prime Lease, then replacement cost of the Sublease Premises and Master Lessor's written notice to Sublessor sets forth a repair period greater than one hundred eighty (iii180) if by reason days (a copy of any such fire or other casualty or condemnation Sublessor shall receive an abatement of rent or additional rent relating directly to the Subleased Premises, there which notice shall be a corresponding abatement of Base Rent or additional rent payable hereunder in proportion to the percentage of the abatement of Base Rent and Additional Rent Sublessor receives under the Prime Lease in respect of the Subleased Premises. (b) If the Prime Lease shall be terminated by either party thereto pursuant to Article 11 thereof, Sublessor shall promptly deliver written notice thereof delivered to Sublessee and this Sublease shall terminate on and as of the same date, without any liability of either party to the other on account thereof (c) If the Prime Lease shall terminate or be terminated (by either party thereto) pursuant to Article 24 thereof, Sublessor shall promptly deliver written notice thereof to Sublessee and this Sublease shall terminate on and as of the same date, without liability of either party to the other on account thereof. (d) Except as provided in subsection (g) hereto, this Sublease shall not terminate by reason of any casualty or condemnation unless the Prime Lease is terminated by Sublessor or Landlord pursuant to the terms of the Prime Lease. (e) If any part of the Building shall be lawfully taken by condemnation or in any other manner for any public or quasi-public use or purpose and this Sublease shall not terminate pursuant to Section 36(c) hereof, then (i) this Sublease shall continue in full force and effect except as provided below, and (A) if all of the Subleased Premises shall be so takenSublessor), then this Sublease shall terminate, without liability of either party to the other on account thereof, and (B) if any part, but not all, of the Subleased Premises shall be so taken then (i) on the date of such taking this Sublease shall terminate as to such part of the Subleased Premises, without liability of either party with respect to such part on account thereof, and (ii) from and after such date, the rents hereunder shall be reduced pro-rata according to the rentable area of such part of the Subleased Premises. (f) In no event shall Sublessee be entitled to any portion of any award in any proceeding with respect to any taking and Sublessee hereby assigns to Sublessor any such portion or Interest which it may have by operation of law, except that Sublessee may make a claim with respect to the unamortized portion of its improvements to the Unfinished Space to the appropriate condemning authority, provided that same does not reduce any award to Sublessor or Prime Landlord. (g) Notwithstanding anything to the contrary herein, but without limiting Prime Landlord's or Sublessor's rights under the Prime Lease, if during the last two (2) years of the Term of this Sublease, the Subleased Premises are destroyed by fire or other casualty which venders at least 1/3 of the floor area of the Subleased Premises untenantable or unusable for Sublessee's intended use under this Sublease, Sublessee shall have the right to terminate this Sublease upon by delivering written notice of termination to Sublessor within ten twenty (1020) days after following receipt of Master Lessor's written notice. In the date event that Sublessor's rent under the Master Lease is abated as a result of such a casualty. (h) In case of any termination of this Sublease (in whole or in part) pursuant to this Section 36, rents the Minimum Monthly Rent due hereunder shall be adjusted as of abated on a pro rata basis such that the date of termination, and any prepaid rents Minimum Monthly Rent shall be refundedreduced by the same percentage as the " Monthly Installments" are reduced under the Master Lease.