Common use of Destruction or Condemnation Clause in Contracts

Destruction or Condemnation. (a) If on or prior to the date set for Closing there is a casualty or condemnation affecting the Property which constitutes a Substantial Loss, Purchaser shall have the option of cancelling this Contract within fifteen (15) days after notice of such casualty or condemnation, in which event, the Deposit shall be returned to the Purchaser and this Contract deemed cancelled and of no force and effect and neither party shall have any further rights or liabilities against or to the other. In the event of a Substantial Loss, and Purchaser does not elect to cancel this Contract, or in the event that the casualty or condemnation does not constitute a Substantial Loss, then the Purchaser and Seller shall consummate the transaction contemplated by this Contract without any reduction or abatement in the Purchase Price and Seller, upon the Closing, shall assign to the Purchaser all of its rights in and to any insurance proceeds (and shall pay to Purchaser, or allow on account the Purchase Price, a sum equal to the amount of the deductible, if any, on Seller's casualty insurance policy for the Premises) or condemnation awards, as the case may be, in connection with such casualty or condemnation. (b) As used herein, "Substantial Loss" with respect to the Property shall mean a casualty or condemnation that either (i) shall entitle any anchor Space Tenant denoted as such on Schedule C annexed hereto (each an "Anchor Space Tenant" and collectively the "Anchor Space Tenants") to terminate its Space Lease on or after the Closing Date and Seller has failed to obtain a waiver of such termination right or (ii) requires repairs or restoration costs in excess of Seven Hundred Fifty Thousand ($750,000.00) Dollars. In the event Purchaser elects to cancel this Contract in accordance with subparagraph (a) above, Seller may rescind such cancellation by (iii) delivering, within one (1) year after the receipt of Purchaser's notice of cancellation, a waiver by each Anchor Space Tenant which was entitled to terminate its Space Lease by reason of the casualty or condemnation of its right or option to so terminate and (iv) within one (1) year after receipt of Purchaser's notice of cancellation, restorating and repairing the Property (A) if in connection with a casualty, substantially to its condition immediately prior to the casualty or (B) if in connection with a condemnation, as may be reasonably necessary as a result of the taking of property; provided, however, that Purchaser shall have no obligation to close title if, during such period of adjournment, an event occurs which materially and adversely affects the Premises and such event is not corrected or cured to the reasonable satisfaction of Purchaser.

Destruction or Condemnation. SECTION 11.01 - DESTRUCTION OF PREMISES If the Demised Premises are totally destroyed by fire or other casualty not resulting from the wrongful or negligent act of Tenant, either Landlord or Tenant may by written notice, given not later than thirty (a30) days after the date of such total destruction, terminate this Lease, in which event rent paid for the period beyond the date of destruction shall be refunded to Tenant. If on or prior there is not total destruction and Tenant reasonably is required to close operation during repairs, rent shall xxxxx while so closed, but if Tenant is able to continue its operations during repairs, rent shall be adjusted and prorated in the proportion which the area of unusable leased space bears to the date set total Demised Premises, providing that Landlord shall not in such case have any liability for Closing losses claimed by Tenant. However, if: (i) the damages are such that Landlord concludes that restoration cannot be completed within one hundred and fifty (150) days; or (ii) less than ten percent (10%) of the Lease Term Remains; or (iii) in Landlord's judgment, the cost of restoration will exceed the amount of one (1) years minimum rent for the Demised Premises or if the entire Building is damaged, one (1) year's minimum rent for the Entire Building; or (iv) if insurance carried by Landlord is in satisfaction of Section 8.01 is insufficient to restore the Demised Premises, Landlord and Tenant in the case of (i) and (ii) may at its option terminate this Lease. If the Demised Premises are damaged by cause due to fault or neglect of Tenant, its agents, employees, invitees, or licensees, there shall be no apportionment or abatement of rent. Landlord shall not be required to restore fixtures or improvements made or owned by Tenant that were not part of Landlord's Work or subsequently constructed in the Demised Premises by Landlord as part of the Lease terms. If the Lease is a casualty not terminated, Landlord shall restore the Demised Premises as promptly as is reasonably possible. SECTION 11.02 - CONDEMNATION If the whole or condemnation affecting more than twenty (20%) per cent of the Property which constitutes a Substantial LossDemised Premises is taken by any governmental agency or corporation vested with the right of exercise of eminent domain, Purchaser whether such taking be effected by Court action or by settlement with the agency exercising or threatening to exercise such power and if the property so taken renders the remainder of the Demised Premises unfit for the use thereof by Tenant, then Tenant shall have the option of cancelling to terminate this Contract Lease, which option must be exercised by notice in writing, received by Landlord within fifteen sixty (1560) days after notice of such casualty taking. If the Tenant shall not elect to terminate, or condemnationif the taking does not interfere with Tenant's use of the Demised Premises to the extent Tenant does not have an option to terminate, in which event, the Deposit there shall be returned an adjustment of all rents reflecting on a pro-rata basis any reduction in the Demised Premises. If the whole of the Demised Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, then the Term of the Lease shall cease and terminate as of the date of title vesting in such public or quasi public entity and all rents shall be paid up to the Purchaser that date and this Contract deemed cancelled and of no force and effect and neither party Tenant shall have no claim against Landlord nor the condemning authority for the value of any further rights or liabilities against or to the otherunexpired Term of this Lease. In the event of a Substantial Losspartial taking or condemnation which is not extensive enough to render the Demised Premises unsuitable for the business of the Tenant, the Landlord shall promptly restore the Demised Premises to a condition comparable to its condition at the time of such condemnation less the portion lost in the taking, and Purchaser does not elect to cancel this ContractLease shall continue in full force and effect with the rents proportionally adjusted. If the whole, or a substantial part, as determined by Landlord in its sole discretion, of the common parking areas shall be acquired or condemned as aforesaid and if Landlord terminates the other Building leases, then the term of this Lease shall cease and terminate as of the date of title vesting in such public or quasi public entity unless Landlord shall take immediate steps to provide other suitable parking facilities. In the event that the casualty or condemnation does not constitute a Substantial LossLandlord shall provide such other parking facilities, then the Purchaser this Lease shall continue in full force and Seller shall consummate the transaction contemplated by this Contract effect without any reduction or abatement in the Purchase Price and Seller, upon the Closing, shall assign to the Purchaser all of its rights in and to any insurance proceeds (and shall pay to Purchaser, or allow on account the Purchase Price, a sum equal to the amount of the deductible, if any, on Seller's casualty insurance policy for the Premises) or condemnation awards, as the case may be, in connection with such casualty or condemnation. (b) As used herein, "Substantial Loss" with respect to the Property shall mean a casualty or condemnation that either (i) shall entitle any anchor Space Tenant denoted as such on Schedule C annexed hereto (each an "Anchor Space Tenant" and collectively the "Anchor Space Tenants") to terminate its Space Lease on or after the Closing Date and Seller has failed to obtain a waiver of such termination right or (ii) requires repairs or restoration costs in excess of Seven Hundred Fifty Thousand ($750,000.00) Dollarsrent. In the event Purchaser elects to cancel this Contract in accordance with subparagraph (a) aboveof any condemnation or taking as aforesaid, Seller may rescind such cancellation by (iii) deliveringwhether whole or partial, within one (1) year after the receipt of Purchaser's notice of cancellation, a waiver by each Anchor Space Tenant which was shall not be entitled to terminate its Space Lease any part of the award paid for such condemnation and Landlord is to receive the full amount of such award, the Tenant hereby expressly waiving any right to claim to any part thereof. Although all damages in the event of any condemnation are to belong to the Landlord, whether such damages are awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right on account of any and all damage to Tenant's business by reason of the casualty condemnation and for or condemnation on account of its right any cost or option loss to so terminate which Tenant might be put in removing Tenant's merchandise, furniture, fixtures, leasehold improvements and (iv) within one (1) year after receipt of Purchaser's notice of cancellation, restorating and repairing the Property (A) if in connection with a casualty, substantially to its condition immediately prior to the casualty or (B) if in connection with a condemnation, as may be reasonably necessary as a result of the taking of property; provided, however, that Purchaser shall have no obligation to close title if, during such period of adjournment, an event occurs which materially and adversely affects the Premises and such event is not corrected or cured to the reasonable satisfaction of Purchaserequipment.

Destruction or Condemnation. (a) If on or prior to the date set for Closing there is a casualty or condemnation affecting the Property which constitutes a Substantial Loss, Purchaser shall have the option of cancelling this Contract within fifteen (15) days after notice of such casualty or condemnation, in which event, the Deposit shall be returned to the Purchaser and this Contract deemed cancelled and of no force and effect and neither party shall have any further rights or liabilities against or to the other. In the event of a Substantial Lossthat an, and Purchaser does not Communication Tower is destroyed or damaged by fire, lightning, windstorm, flood, earthquake, explosion, collapse, aircraft or other vehicle damage or other casualty, Licensor shall, unless it shall elect to cancel terminate the term of this ContractAgreement and the related Schedule with respect to the affected Communication Tower as hereinafter provided, promptly reconstruct or repair the Communication Tower to substantially the same condition as existed before the destruction or damage and upon completion give possession to Licensee of substantially the same space licensed under the affected Schedule. If the Communication Tower is in the event need of such repair or is so damaged by fire, lightning, windstorm, flood, earthquake, explosion, aircraft or other vehicle damage, collapse or other casualty that the casualty reconstruction or condemnation does repair cannot constitute a Substantial Lossreasonably be undertaken without dismantling Licensee's Facilities, then the Purchaser and Seller shall consummate the transaction contemplated by this Contract without any reduction or abatement in the Purchase Price and SellerLicensor may, upon giving written notice to Licensee, remove any Licensee's Facilities and interrupt the Closingsignal activity of Licensee but will use reasonable efforts to have Licensee's Facilities replaced as Soon as reasonably possible. Licensee will be afforded the right, shall assign at Licensee's sole cost and expense, to install temporary facilities pending repairs, provided such temporary facilities do not interfere in any way with the construction, rebuilding or operation of the Communication Tower. Licensor agrees to provide Licensee alternative space, if available, on the Communication Tower during such reconstruction/repair period. If Licensor elects not to restore the Communication Tower within six month's from the date of any casualty, Licensor may, by notice to Licensee, terminate the term of this Agreement and the relating Schedule only with respect to the Purchaser all affected Communication Tower on the date (not less than thirty day thereafter) set forth in such notice. Should Licensor not substantially restore or replace the Communication Tower in a fashion sufficient to allow Licensee to replace Licensee's Facilities thereon within six (6) months of the date of casualty provided that such 6 month period shall be automatically extended for so long as Licensor has commenced and diligently continues to restore or replace such Communication Tower, then Licensee, upon thirty (30) days' written notice to Licensor may, at its rights in option, terminate the term of this Agreement and to any insurance proceeds (and shall pay to Purchaser, or allow on account the Purchase Price, a sum equal related Schedule with respect to the amount of the deductible, if any, on Seller's casualty insurance policy for the Premises) or condemnation awards, as the case may be, in connection with such casualty or condemnationaffected Communication Tower. (b) As used hereinLicensor shall be entitled to terminate the term of this Agreement and the related Schedule with respect to any particular Communication Tower if all or any part of such Communication Tower is acquired, "Substantial Loss" transferred, condemned or taken pursuant to any eminent domain proceeding if as a result any of such event, Licensor has determined not to continue to operate the Communication Tower. Irrespective of the form in which recovery may be had by law, all rights to damages or compensation shall belong to Licensor in all cases. Licensee hereby grants to Licensor all of Licensee's rights to such damages and covenants to deliver such further assignments thereof as Licensor may from time to time request. Nothing contained herein shall be construed to prevent Licensee from prosecuting in any eminent domain proceedings a claim for relocation expenses, provided that such action shall not affect the amount of compensation otherwise recoverable by Licensor from the taking authority. (c) The License Fee with respect to the Property affected communication Tower shall mean a casualty or condemnation be abated during any period that either (i) shall entitle any anchor Space Tenant denoted as such on Schedule C annexed hereto (each the Communication Tower has not been restored following an "Anchor Space Tenant" and collectively the "Anchor Space Tenants") to terminate its Space Lease on or after the Closing Date and Seller has failed to obtain a waiver of such termination right or (ii) requires repairs or restoration costs event described in excess of Seven Hundred Fifty Thousand ($750,000.00) Dollars. In the event Purchaser elects to cancel this Contract in accordance with subparagraph clauses (a) above, Seller may rescind such cancellation by (iii) delivering, within one (1) year after the receipt of Purchaser's notice of cancellation, a waiver by each Anchor Space Tenant which was entitled to terminate its Space Lease by reason of the casualty or condemnation of its right or option to so terminate and (iv) within one (1) year after receipt of Purchaser's notice of cancellation, restorating and repairing the Property (A) if in connection with a casualty, substantially to its condition immediately prior to the casualty or (Bb) if in connection with a condemnation, above so as may to permit Licensee's Facilities to be reasonably necessary as a result of replaced on the taking of property; provided, however, that Purchaser shall have no obligation to close title if, during such period of adjournment, an event occurs which materially and adversely affects the Premises and such event is not corrected or cured to the reasonable satisfaction of PurchaserCommunication Tower.

Destruction or Condemnation. (a) If on or prior to the date set for Closing there is a casualty or condemnation affecting the Property Premises which constitutes a Substantial Loss, Purchaser shall have the option of cancelling canceling this Contract within fifteen (15) days after notice of such casualty or condemnation, in which event, the Deposit shall be returned to the Purchaser and this Contract deemed cancelled and of no force and effect and neither party shall have any further rights or liabilities against or to the other. In the event of a Substantial Loss, and Purchaser does not elect to cancel this Contract, or in the event that the casualty or condemnation does not constitute a Substantial Loss, then the Purchaser and Seller shall consummate the transaction contemplated by this Contract without any reduction or abatement in the Purchase Price purchase price (except as set forth below) and Seller, upon the Closing, shall assign to the Purchaser all of its rights in and to any insurance proceeds (and shall pay to Purchaser, or allow on account the Purchase Price, a sum equal to the amount of the deductible, if any, on Seller's casualty insurance policy for the Premises) or condemnation awards, as the case may be, in connection with such casualty or condemnation. In the event of a casualty, the Purchase Price shall be reduced by the amount of the deductible under such casualty insurance policy. Seller shall reasonably cooperate with Purchaser in negotiating a settlement with the casualty insurance carrier, provided that Seller shall not be required to expend funds in connection therewith. (b) As used herein, "Substantial Loss" with respect to the a Property shall mean a casualty or condemnation that either (i) shall entitle any anchor Anchor Space Tenant denoted as such on Schedule Exhibit C annexed hereto (each an "Anchor Space Tenant" and collectively the "Anchor Space Tenants") at such Property to terminate its Space Lease on or after the Closing Date and Seller has failed to obtain a waiver of such termination right or (ii) requires repairs or restoration costs or will result in condemnation proceeds in excess of Seven Two Hundred Fifty Thousand Dollars ($750,000.00) Dollars250,000). In the event Purchaser elects to cancel this Contract in accordance with by reason of subparagraph (ai) above, Seller may rescind such cancellation by (iii) delivering, within one fifteen (115) year days after the receipt of Purchaser's notice of cancellation, a waiver by each Anchor Space Tenant which was entitled to terminate its Space Lease by reason of the casualty or condemnation of its right or option to so terminate and (iv) within one (1) year after receipt of Purchaser's notice of cancellationterminate, restorating and repairing the Property (A) if in connection with a casualty, substantially to its condition immediately prior to the casualty or (B) if in connection with a condemnation, so long as may be reasonably necessary such waiver does not impose new economic obligations upon Purchaser as a result of the taking of property; provided, however, that Purchaser shall have no obligation to close title if, during such period of adjournment, an event occurs which materially and adversely affects the Premises and such event is not corrected or cured to the reasonable satisfaction of Purchaserwaiver.

Destruction or Condemnation. (a) If the whole or any substantial part of the Premises, the Tower Facilities or the Property shall be taken by any public authority under the power of eminent domain, or if the whole or any substantial part of the Premises, the Tower Facilities or the Property shall be destroyed by fire or other casualty that is not caused by Carrier, so as to materially interfere with Carrier's use and occupancy thereof, then, at the option of Carrier, the applicable SLA shall cease on the part so taken on the date of possession by such authority of that part, (or in the event that Carrier must remove Carrier's Equipment prior to that date, the date set for Closing there Carrier must move Carrier's Equipment) and any unearned rent paid in advance of such date shall be refunded by Tower Company to Carrier within thirty (30) days of such possession, and Carrier shall have the right to terminate the SLA upon written notice to Tower Company, which notice shall be delivered by Carrier within thirty (30) days following the date notice is a received by Carrier of such taking or possession. If Carrier chooses not to terminate the SLA, the rent shall be reduced or abated in proportion to the actual reduction or abatement of Carrier's use of the Premises. In the event of any taking, destruction or other casualty or condemnation affecting hereunder which prevents Carrier's use and occupancy of the Property which constitutes a Substantial LossPremises and/or the Tower Facilities, Purchaser subject to the terms of the Ground Lease (including obtaining any necessary approvals thereunder) Carrier shall have the option of cancelling this Contract placing a temporary communications facility upon available space upon the Property (if any) for a period of up to one year at a rate mutually agreeable to the parties. Carrier shall have first right to any such available space and any other tenants, licensee, or occupants of the Tower Site rights shall be subordinate to the rights of Carrier to such available space. (b) If the whole or any substantial part of the Premises, the Tower Facilities or the Property shall be taken by any public authority under the power of eminent domain, or if the whole or any substantial part of the Premises, the Tower Facilities or the Property shall be destroyed by fire or other casualty, so as to materially interfere with Tower Company's ability to maintain and lease thereof, then, at the option of Tower Company, the applicable SLA shall cease on the part so taken on the date of possession by such authority of that part and any unearned rent paid in advance of such date shall be refunded by Tower Company to Carrier within fifteen thirty (1530) days after notice of such casualty or condemnationpossession, in and Tower Company shall have the right to terminate the SLA upon written notice to Carrier, which event, the Deposit notice shall be returned to delivered by Tower Company within thirty (30) days following the Purchaser and this Contract deemed cancelled and date notice is received by Tower Company of no force and effect and neither party shall have any further rights such taking or liabilities against or to the otherpossession. In the event of a Substantial Lossany taking, destruction or other casualty hereunder which prevents Carrier's use and Purchaser does not elect to cancel this Contractoccupancy of the Premises and/or the Tower Facilities, or in the event that the casualty or condemnation does not constitute a Substantial Loss, then the Purchaser and Seller shall consummate the transaction contemplated by this Contract without any reduction or abatement in the Purchase Price and Seller, upon the Closing, shall assign subject to the Purchaser all of its rights in and to any insurance proceeds (and shall pay to Purchaser, or allow on account the Purchase Price, a sum equal to the amount terms of the deductible, if any, on Seller's casualty insurance policy for Ground Lease (including obtaining any necessary approvals thereunder) Carrier shall have the Premises) or condemnation awards, as the case may be, in connection with such casualty or condemnation. (b) As used herein, "Substantial Loss" with respect to the Property shall mean option of placing a casualty or condemnation that either (i) shall entitle any anchor Space Tenant denoted as such on Schedule C annexed hereto (each an "Anchor Space Tenant" and collectively the "Anchor Space Tenants") to terminate its Space Lease on or after the Closing Date and Seller has failed to obtain a waiver of such termination right or (ii) requires repairs or restoration costs in excess of Seven Hundred Fifty Thousand ($750,000.00) Dollars. In the event Purchaser elects to cancel this Contract in accordance with subparagraph (a) above, Seller may rescind such cancellation by (iii) delivering, within one (1) year after the receipt of Purchaser's notice of cancellation, a waiver by each Anchor Space Tenant which was entitled to terminate its Space Lease by reason of the casualty or condemnation of its right or option to so terminate and (iv) within one (1) year after receipt of Purchaser's notice of cancellation, restorating and repairing temporary communications facility upon available space upon the Property (Aif any) if in connection with for a casualty, substantially period of up to its condition immediately prior one year at a rate mutually agreeable to the casualty parties. Carrier shall have first right to any such available space and any other tenants, licensee, or (B) if in connection with a condemnation, as may be reasonably necessary as a result occupants of the taking of property; provided, however, that Purchaser Tower Site rights shall have no obligation to close title if, during such period of adjournment, an event occurs which materially and adversely affects the Premises and such event is not corrected or cured be subordinate to the reasonable satisfaction rights of PurchaserCarrier to such available space.