Common use of Effect of Condemnation Clause in Contracts

Effect of Condemnation. (a) If a Total Condemnation of the Premises should occur during the term of this Lease, this Lease shall terminate without further notice as of 12:01 A.M. on the date actual physical possession of the Condemned property is taken by the Condemner. All rent payable under this Lease shall be prorated as of 12:01 A.M. on that date and a prompt refund or payment of rent for the unexpired period of this Lease shall be made by Landlord to Tenant. On the making of that rent adjustment, both Landlord and Tenant will be released and discharged from any and all further obligations under this Lease. In the event of a Partial Condemnation of the Premises, this Lease shall terminate as to the portion of the Premises taken on the date actual physical possession of that portion is taken by the Condemner but shall remain in full force anal effect as to the remainder of the Premises; provided, however, that promptly after the taking of actual physical possession by the Condemner of the portion taken by Condemnation. Landlord shall restore, at Landlord's own cost and expense, the improvements on the remainder of the Premises to a condition making the Premises tenantable by Tenant, to the satisfaction of Tenant in its reasonable discretion, for the then current uses. Any rent payable under this Lease after the date actual physical possession is taken by the Condemner of the portion of the Premises condemned shall be reduced by the percentage the ground area of the portion taken by eminent domain bears to the total ground area of the Premises on the date of this Lease. In addition, the rent payable under this Lease shall be further abated during the time and to the extent Tenant is prevented from occupying all of the remainder of the Premises by the work of restoration required by this section to be performed by Landlord.

Effect of Condemnation. (aA) If a Total Condemnation Subject to the provisions of Section 16.2 hereof, if the entire Real Property, the entire Building or the entire Premises is condemned or otherwise acquired by the exercise of the Premises should occur during the term power of this Leaseeminent domain, this Lease shall terminate without further notice as of 12:01 A.M. on the date actual physical possession of the Condemned property is taken by the Condemner. All rent payable under this Lease shall be prorated as of 12:01 A.M. on that date and a prompt refund or payment of rent for the unexpired period of this Lease shall be made by Landlord to Tenant. On the making of that rent adjustment, both Landlord and Tenant will be released and discharged from any and all further obligations under this Lease. In the event of a Partial Condemnation of the Premises, then this Lease shall terminate as of the date that such condemnation or acquisition is consummated. (B) If only a part of the Real Property and not the entire Premises is so acquired or condemned, then: (1) except as hereinafter provided in this Section 16.1, this Lease shall remain effective, and, from and after the date that the condemnation or acquisition is consummated, (w) the Fixed Rent shall be reduced in the proportion that the number of square feet of Rentable Area of the part of the Premises so acquired or condemned bears to the total Rentable Area of the Premises immediately prior to such acquisition or condemnation, and (x) Tenant’s Tax Share shall be redetermined based upon the proportion that the number of square feet of Rentable Area of the Premises that is remaining after such acquisition or condemnation bears to the number of square feet of Rentable Area of the Building that is remaining after such acquisition or condemnation; (2) on or prior to the sixtieth (60th) day after the date that the condemnation or acquisition is consummated, Landlord shall have the right to terminate this Lease by giving notice to Tenant if either (i) at least fifteen percent (15%) of the usable area of the Premises is so acquired or condemned, or (ii) Landlord terminates leases (including this Lease) for at least percent (%) of the usable area of the Building (excluding any portion of the Building leased to or occupied by Landlord or Landlord’s Affiliates); and (3) if (a) the part of the Real Property so acquired or condemned contains more than fifteen percent (15%) of the usable area of the Premises immediately prior to such acquisition or condemnation, or (b) by reason of such acquisition or condemnation, Tenant no longer has reasonable means of access to the Premises, then Tenant may elect to terminate this Lease by giving notice to Landlord on or prior to the sixtieth (60th) day after the date that Tenant is given notice of such acquisition or condemnation being consummated. The Term shall expire on the thirtieth (30th) day after the date that Landlord or Tenant give any such notice to terminate this Lease. (C) Landlord shall refund to Tenant, promptly after the date that such taking or acquisition becomes effective, any Rental that Tenant has theretofore paid for the Premises (or the applicable portion thereof that is so taken or acquired) to the extent that such Rental is properly allocable to the period after the date that such taking or acquisition becomes effective (and Landlord’s obligation to make such refund shall survive the Expiration Date). (D) If this Lease terminates pursuant to the provisions of this Section 16.1, then the Rental for the portion of the Premises that is not taken on the date actual physical possession of that portion is taken by the Condemner but or acquired shall remain in full force anal effect be apportioned as to the remainder of the Premises; provided, however, that promptly after the taking of actual physical possession by the Condemner of the portion taken by Condemnationtermination date. Landlord shall restorerefund promptly to Tenant any Rental that Tenant has theretofore paid for any period after the date that such termination becomes effective (and Landlord’s obligation to make such refund shall survive the Expiration Date). (E) If a part of the Premises is so acquired or condemned and this Lease and the Term is not terminated pursuant to the foregoing provisions of this Section 16.1, then Landlord, at Landlord's own cost and ’s expense, shall restore the improvements on the remainder part of the Premises that is not so acquired or condemned to a condition making the Premises tenantable by Tenantself-contained rental unit inclusive of Alterations that Tenant has theretofore Substantially Completed, except that if such acquisition or condemnation occurs prior to the satisfaction of Tenant in its reasonable discretion, for the then current uses. Any rent payable under this Lease after the date actual physical possession is taken by the Condemner Substantial Completion of the portion Initial Alterations, then Landlord shall only be required to restore the part of the Premises not so acquired or condemned shall be reduced by the percentage the ground area to a self-contained rental unit exclusive of the portion taken by eminent domain bears to the total ground area of the Premises on the date of this Lease. In addition, the rent payable under this Lease shall be further abated during the time and to the extent Tenant is prevented from occupying all of the remainder of the Premises by the work of restoration required by this section to be performed by Landlordany Alterations.

Effect of Condemnation. (aA) If a Total Condemnation Subject to the provisions of Section 16.2 hereof, if the entire Real Property, the entire Building or the entire Premises is condemned or otherwise acquired by the exercise of the Premises should occur during the term power of this Leaseeminent domain, this Lease shall terminate without further notice as of 12:01 A.M. on the date actual physical possession of the Condemned property is taken by the Condemner. All rent payable under this Lease shall be prorated as of 12:01 A.M. on that date and a prompt refund or payment of rent for the unexpired period of this Lease shall be made by Landlord to Tenant. On the making of that rent adjustment, both Landlord and Tenant will be released and discharged from any and all further obligations under this Lease. In the event of a Partial Condemnation of the Premises, then this Lease shall terminate as of the date that such condemnation or acquisition is consummated. (B) If only a part of the Real Property and not the entire Premises is so acquired or condemned, then: (1) except as hereinafter provided in this Section 16.1, this Lease shall remain effective, and, from and after the date that the condemnation or acquisition is consummated, (w) the Fixed Rent shall be reduced in the proportion that the number of square feet of Rentable Area of the part of the Premises so acquired or condemned bears to the total Rentable Area of the Premises immediately prior to such acquisition or condemnation, (x) Tenant’s Tax Share shall be redetermined based upon the proportion that the number of square feet of Rentable Area of the Premises that is remaining after such acquisition or condemnation bears to the number of square feet of Rentable Area of the Building that is remaining after such acquisition or condemnation, and (y) Tenant’s Operating Expense Share shall be redetermined based upon the proportion that the number of square feet of Rentable Area of the Premises remaining after such acquisition or condemnation bears to the number of square feet of Rentable Area of the Building remaining after such acquisition or condemnation (other than any retail portion of the Building); (2) on or prior to the sixtieth (60th) day after the date that the condemnation or acquisition is consummated, Landlord shall have the right to terminate this Lease by giving notice to Tenant if either (i) at least fifteen percent (15%) of the usable area of the Premises is so acquired or condemned, or (ii) Landlord terminates leases (including this Lease) for at least seventy-five percent (75%) of the usable area of the Building (excluding any portion of the Building leased to or occupied by Landlord or Landlord’s Affiliates); and (3) if (a) the part of the Real Property so acquired or condemned contains more than fifteen percent (15%) of the usable area of the Premises immediately prior to such acquisition or condemnation, or (b) by reason of such acquisition or condemnation, Tenant no longer has reasonable means of access to the Premises, then Tenant may elect to terminate this Lease by giving notice to Landlord on or prior to the sixtieth (60th) day after the date that Tenant is given notice of such acquisition or condemnation being consummated. The Term shall expire on the thirtieth (30th) day after the date that Landlord or Tenant give any such notice to terminate this Lease. (C) Landlord shall refund to Tenant, promptly after the date that such taking or acquisition becomes effective, any Rental that Tenant has theretofore paid for the Premises (or the applicable portion thereof that is so taken or acquired) to the extent that such Rental is properly allocable to the period after the date that such taking or acquisition becomes effective (and Landlord’s obligation to make such refund shall survive the Expiration Date). (D) If this Lease terminates pursuant to the provisions of this Section 16.1, then the Rental for the portion of the Premises that is not taken on the date actual physical possession of that portion is taken by the Condemner but or acquired shall remain in full force anal effect be apportioned as to the remainder of the Premises; provided, however, that promptly after the taking of actual physical possession by the Condemner of the portion taken by Condemnationtermination date. Landlord shall restorerefund promptly to Tenant any Rental that Tenant has theretofore paid for any period after the date that such termination becomes effective (and Landlord’s obligation to make such refund shall survive the Expiration Date). (E) If a part of the Premises is so acquired or condemned and this Lease and the Term is not terminated pursuant to the foregoing provisions of this Section 16.1, then Landlord, at Landlord's own cost and ’s expense, shall restore the improvements on the remainder part of the Premises that is not so acquired or condemned to a condition making the Premises tenantable by Tenantself-contained rental unit inclusive of Alterations that Tenant has theretofore Substantially Completed, except that if such acquisition or condemnation occurs prior to the satisfaction of Tenant in its reasonable discretion, for the then current uses. Any rent payable under this Lease after the date actual physical possession is taken by the Condemner Substantial Completion of the portion Initial Alterations, then Landlord shall only be required to restore the part of the Premises not so acquired or condemned shall be reduced by the percentage the ground area to a self-contained rental unit exclusive of the portion taken by eminent domain bears to the total ground area of the Premises on the date of this Lease. In addition, the rent payable under this Lease shall be further abated during the time and to the extent Tenant is prevented from occupying all of the remainder of the Premises by the work of restoration required by this section to be performed by Landlordany Alterations.

Effect of Condemnation. (aA) If a Total Condemnation Subject to the provisions of Section 16.2 hereof, if the entire Real Property, the entire Building or the entire Premises is condemned or otherwise acquired by the exercise of the Premises should occur during the term power of this Leaseeminent domain, this Lease shall terminate without further notice as of 12:01 A.M. on the date actual physical possession of the Condemned property is taken by the Condemner. All rent payable under this Lease shall be prorated as of 12:01 A.M. on that date and a prompt refund or payment of rent for the unexpired period of this Lease shall be made by Landlord to Tenant. On the making of that rent adjustment, both Landlord and Tenant will be released and discharged from any and all further obligations under this Lease. In the event of a Partial Condemnation of the Premises, then this Lease shall terminate as of the date that such condemnation or acquisition is consummated. (B) If only a part of the Real Property and not the entire Premises is so acquired or condemned, then: (1) except as hereinafter provided in this Section 16.1, this Lease shall remain effective, and, from and after the date that the condemnation or acquisition is consummated, (w) the Fixed Rent shall be reduced in the proportion that the number of square feet of Rentable Area of the part of the Premises so acquired or condemned bears to the total Rentable Area of the Premises immediately prior to such acquisition or condemnation, (x) Tenant’s Tax Share shall be redetermined based upon the proportion that the number of square feet of Rentable Area of the Premises that is remaining after such acquisition or condemnation bears to the number of square feet of Rentable Area of the Building that is remaining after such acquisition or condemnation, and (y) Tenant’s Operating Expense Share shall be redetermined based upon the proportion that the number of square feet of Rentable Area of the Premises remaining after such acquisition or condemnation bears to the number of square feet of Rentable Area of the Building remaining after such acquisition or condemnation (other than any retail portion of the Premises taken Building); (2) on or prior to the sixtieth (60th) day after the date actual physical possession of that portion the condemnation or acquisition is taken consummated, Landlord shall have the right to terminate this Lease by the Condemner but shall remain in full force anal effect as giving notice to the remainder of the PremisesTenant; provided, however, that promptly after if the taking of actual physical possession Premises are unaffected by such acquisition or condemnation, then Landlord shall only have the Condemner right to so terminate this Lease if Landlord terminates leases (including this Lease) for at least fifty (50 %) percent of the portion taken by Condemnation. Landlord shall restore, at Landlord's own cost and expense, the improvements on the remainder leasable area of the Premises to a condition making the Premises tenantable by Tenant, to the satisfaction of Tenant in its reasonable discretion, for the then current uses. Any rent payable under this Lease after the date actual physical possession is taken by the Condemner of the Building (excluding any portion of the Premises condemned shall be reduced Building leased to or occupied by Landlord or Landlord’s Affiliates); and (3) if (a) the percentage the ground area part of the portion taken by eminent domain bears to Real Property so acquired or condemned contains more than fifteen (15%) percent of the total ground area of the Premises immediately prior to such acquisition or condemnation, or (b) by reason of such acquisition or condemnation, Tenant no longer has reasonable means of access to the Premises, then Tenant may elect to terminate this Lease by giving notice to Landlord on or prior to the sixtieth (60th) day after the date that Tenant is given notice of such acquisition or condemnation being consummated. The Term shall expire on the thirtieth (30th) day after the date that Landlord or Tenant give any such notice to terminate this Lease. (C) Upon the termination of this Lease. In additionLease and the Term pursuant to the provisions of this Section 16.1, the rent payable under this Lease Rental shall be further abated during the time apportioned and to the extent Tenant is prevented from occupying all any prepaid portion of the remainder Rental for any period after such date shall be refunded promptly by Landlord to Tenant (and Landlord’s obligation to make such refund shall survive the Expiration Date). (D) If a part of the Premises by is so acquired or condemned and this Lease and the work Term is not terminated pursuant to the foregoing provisions of restoration this Section 16.1, then Landlord, at Landlord’s expense, shall restore the part of the Premises that is not so acquired or condemned to a self-contained rental unit inclusive of Alterations that Tenant has therefore Substantially Completed, except that if such acquisition or condemnation occurs prior to the Substantial Completion of the Initial Alterations, then Landlord shall only be required by this section to be performed by Landlordrestore the part of the Premises not so acquired or condemned to a self-contained rental unit exclusive of any Alterations.

Effect of Condemnation. (a) If a Total Condemnation of the Premises should occur during the term of this Lease, this Lease shall terminate without further notice as of 12:01 A.M. on the date actual physical possession of the Condemned property is taken by the Condemner. All rent payable under this Lease shall be prorated as of 12:01 A.M. on that the date and a prompt refund or payment of rent for the unexpired period of this Lease shall be made by Landlord to Tenant. On the making of that rent adjustment, both Landlord and Tenant will be released and discharged from any and all further obligations under this Lease. . (b) In the event of a Partial Condemnation of the Premises, this Lease shall terminate as to the portion of the Premises taken on the date actual physical possession of that portion is taken by the Condemner Condemned but shall remain in full force anal and effect as to the remainder of the Premises; provided, however, that promptly after the taking of actual physical possession by the Condemner of the portion taken by Condemnation. , Landlord shall restore, at Landlord's own cost and expense, the improvements on the remainder of the Premises to a condition making the Premises tenantable by Tenant, to the satisfaction of Tenant in its reasonable discretion, for the then current uses. Any rent payable under this Lease after the date actual physical possession is taken by the Condemner of the portion of the Premises condemned shall be reduced by the percentage the ground area of the portion taken by eminent domain bears to the total ground area of the Premises on the date of this Lease. In addition, the rent payable under this Lease shall be further abated during the time and to the extent Tenant is prevented from occupying all of the remainder of the Premises by the work of restoration required by this section to be performed by Landlord.

Effect of Condemnation. (aA) If a Total Condemnation Subject to the provisions of Section 17.2 hereof, if the entire Real Property, the entire Building or the entire Premises is condemned or otherwise acquired by the exercise of the Premises should occur during the term power of this Leaseeminent domain, this Lease shall terminate without further notice as of 12:01 A.M. on the date actual physical possession of the Condemned property is taken by the Condemner. All rent payable under this Lease shall be prorated as of 12:01 A.M. on that date and a prompt refund or payment of rent for the unexpired period of this Lease shall be made by Landlord to Tenant. On the making of that rent adjustment, both Landlord and Tenant will be released and discharged from any and all further obligations under this Lease. In the event of a Partial Condemnation of the Premises, then this Lease shall terminate as to of the portion date that such condemnation or acquisition is consummated. (B) If only a part of the Real Property and not the entire Premises is so acquired or condemned, then: (1) except as hereinafter provided in this Section 17.1, this Lease shall remain effective, and, from and after the date that the condemnation or acquisition is consummated, (w) the Fixed Rent shall be reduced in the proportion that the number of square feet of usable area of the part of the Premises taken so acquired or condemned bears to the total usable area of the Premises immediately prior to such acquisition or condemnation, and (x) Tenant’s Tax Share shall be redetermined based upon the proportion that the number of square feet of usable area of the Premises that is remaining after such acquisition or condemnation bears to the number of square feet of usable area of the Condominium Unit that is remaining after such acquisition or condemnation, and (y) Tenant’s CAM Expense Share shall be redetermined based upon the proportion that the number of square feet of usable area of the Premises remaining after such acquisition or condemnation bears to the number of square feet of usable area of the Retail Unit remaining after such acquisition or condemnation that is used for retail purposes; (2) if the part of the Real Property so acquired or condemned contains more than thirty percent (30%) of the total area of the Premises immediately prior to such acquisition or condemnation, then on or prior to the sixtieth (60th) day after the date actual physical possession of that portion the condemnation or acquisition is taken consummated, Landlord shall have the right to terminate this Lease by the Condemner but shall remain in full force anal effect as giving notice to the remainder of the PremisesTenant; provided, however, that promptly after if the taking of actual physical possession Premises are unaffected by such acquisition or condemnation, then Landlord shall only have the Condemner right to so terminate this Lease if Landlord terminates leases (including this Lease) for at least thirty-five percent (35%) of the usable area of the Retail Unit (excluding any portion taken of the Retail Unit leased to or occupied by Condemnation. Landlord shall restore, at or Landlord's own cost and expense, ’s Affiliates); and (3) if (a) the improvements on part of the remainder Real Property so acquired or condemned contains more than fifteen percent (15%) of the total area of the Premises immediately prior to a condition making the Premises tenantable such acquisition or condemnation, or (b) by Tenantreason of such acquisition or condemnation, Tenant no longer has reasonable means of access to the satisfaction of Premises, or (c) Tenant cannot reasonably conduct its business in its reasonable discretion, for the then current uses. Any rent payable under this Lease after the date actual physical possession is taken by the Condemner of the portion of the Premises condemned which remains after such acquisition or condemnation, then Tenant may elect to terminate this Lease by giving notice to Landlord on or prior to the sixtieth (60th) day after the date that Tenant is given notice of such acquisition or condemnation being consummated. The Term shall expire on the thirtieth (30th) day after the date that Landlord or Tenant give any such notice to terminate this Lease. ­ (C) Upon the termination of this Lease and the Term pursuant to the provisions of this Section 17.1, the Rental shall be reduced by the percentage the ground area apportioned and any prepaid portion of the portion taken Rental for any period after such date shall be refunded promptly by eminent domain bears Landlord to Tenant (and Landlord’s obligation to make such refund shall survive the total ground area Expiration Date). (D) If a part of the Premises on is so acquired or condemned and this Lease and the date Term is not terminated pursuant to the foregoing provisions of this Lease. In additionSection 17.1, then Landlord, at Landlord’s expense, shall restore the rent payable under this Lease shall be further abated during the time and to the extent Tenant is prevented from occupying all of the remainder part of the Premises by that is not so acquired or condemned to a self-contained rental unit inclusive of Alterations that Tenant has theretofore Substantially Completed, except that if such acquisition or condemnation occurs prior to the work Substantial Completion of restoration the Initial Alterations, then Landlord shall only be required by this section to be performed by Landlordrestore the part of the Premises not so acquired or condemned to a self-contained rental unit exclusive of any Alterations.

Effect of Condemnation. (a) If a Total Condemnation of the Premises should occur during the term of this Lease, this Lease shall terminate without further notice as of 12:01 A.M. on the date actual physical possession of the Condemned property is taken by the Condemner. All rent payable under this Lease shall be prorated as of 12:01 A.M. on that date and a prompt refund or payment of rent for the unexpired period of this Lease shall be made by Landlord to Tenant. On the making of that rent adjustment, both Landlord and Tenant will be released and discharged from any and all further obligations under this Lease. . (b) In the event of a Partial Condemnation of the Premises, this Lease shall terminate as to the portion of the Premises taken on the date actual physical possession of that portion is taken by the Condemner but shall remain in full force anal and effect as to the remainder of the Premises; provided, however, that promptly after the taking of actual physical possession by the Condemner of the portion taken by Condemnation. , Landlord shall restore, at Landlord's ’s own cost and expense, the improvements on the remainder of the Premises to a condition making the Premises tenantable by Tenant, to the satisfaction of Tenant in its reasonable discretion, for the then current uses. Any rent payable under this Lease after the date actual physical possession is taken by the Condemner of the portion of the Premises condemned shall be reduced by the percentage the ground area of the portion taken by eminent domain bears to the total ground area of the Premises on the date of this Lease. In addition, the rent payable under this Lease shall be further abated during the time and to the extent Tenant is prevented from occupying all of the remainder of the Premises by the work of restoration required by this section to be performed by Landlord.