Effect of Partial Condemnation. In the event that only a part of the Premises shall be taken by Condemnation and the remaining Premises are suitable for general office use without material interference with Tenant’s business operations and Tenant shall have reasonable, convenient access to and from the Premises, the Term shall expire as to that portion of the Premises condemned effective as of the date of the vesting of title in the condemning authority, and this Lease shall continue in full force and effect as to the part of the Premises not so taken. In the event of a partial Condemnation of the Premises which results in a lack of reasonable, convenient access to and from the Premises or which results in insufficient space for Tenant to carry on its business without material interference with its business, Tenant shall have the right to terminate this Lease if Landlord cannot relocate Tenant to comparable space elsewhere in the Building following the effective date of the Condemnation.
Effect of Partial Condemnation. In the event of a partial condemnation of the Premises, this Lease shall terminate as to the portion of the Premises taken on Surrender Date, but shall remain in full force and effect as to the remainder of the Premises; provided, however, that promptly after the Surrender Date, Lessor shall restore, at Lessor's own cost and expense, the improvements on the remainder of the Premises to a condition making the Premises tenantable by Lessee for the uses permitted by this Lease. Any rent payable under this Lease after the Surrender Date 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 Lessee is prevented from occupying all of the remainder of the Premises by the work of restoration required by this section to be performed by Lessor.
Effect of Partial Condemnation. In the event that only a part of the Premises shall be taken by Condemnation and the remaining Premises are suitable for the Permitted Uses without material interference with Tenant’s business operations and Tenant shall have reasonable, convenient access to and from the Premises, the Term shall expire as to that portion of the Premises condemned effective as of the date of the vesting of title in the condemning authority, and this Lease shall continue in full force and effect as to the part of the Premises not so taken. In the event of a partial Condemnation of the Premises or the Common Areas which results in (i) a lack of reasonable, convenient access to and from the Premises and Landlord is unable to promptly make reasonable alternative arrangement to replace the same, (ii) insufficient space within the Premises for Tenant to carry on its business without material interference with its business, or (iii) either thirty-three percent (33%) of the parking spaces available for Tenant’s use in accordance Section 1.3 or all loading dock facilities serving the Building shall be taken, Tenant shall have the right to terminate this Lease.
Effect of Partial Condemnation. In the event a portion of the Premises are appropriated or taken and Lessee, at its sole discretion, determines that the remainder thereof is not suitable for the continued use of the Premises by Lessee for conducting Xxxxxx’s operations thereon in the same manner and extent as carried on prior to such taking, Lessee shall have the right to terminate this Lease upon giving City written notice of its intent to exercise said right. If Lessee exercises its right to terminate this Lease pursuant to this Subsection 40.2, Lessee shall give City thirty (30) days prior written notice of the effective date of said termination.
40.2.1. If, in the event of such taking of a portion of the Premises, Xxxxxx does not terminate this Lease, this Lease shall continue in full force and effect as to the part not taken, and the Rent to be paid by Lessee during the remainder of the term shall be reduced in the same proportion as the land taken by eminent domain bears to the area of the Premises before the taking.
40.2.2. In determining whether a partial condemnation renders the remainder of the Premises unsuitable for the use then being made of the Premises by Xxxxxx, Lessee, among other things, shall take into consideration the cost of restoration, the area of the remaining improvements and the suitability of the remaining Premises for conducting Xxxxxx’s operations thereon in the same manner and extent as carried on prior to such taking.
40.2.3. Should Lessee terminate this Lease pursuant to this Section 40, title to all Recreational Improvements constructed or installed by Lessee upon the Premises and which have not already vested in City shall thereupon vest in City.
Effect of Partial Condemnation. In the event a portion of the Premises shall be appropriated or taken by a Taking, and in the Club’s sole discretion, the remainder of the Premises will not be suitable for the use then being made of the Premises by the Club, and the City is unable or unwilling with condemnation and/or other proceeds to acquire or add adjacent property to make the Premises suitable for use by the Club, then the Club shall have the right to terminate this Lease as of the date of such Taking upon giving to the City written notice of such termination. The Club shall have no claim to any portion of the award for that part taken or appropriated, provided that the Club reserves its rights with respect to awards in condemnation for the leasehold estate under this Lease, all Club Fixtures and all other items of value (including funds expended by the Club in the renovation or construction of Improvements).
Effect of Partial Condemnation. In the event a portion of the premises shall be so appropriated or taken and the remainder of the premises shall not be suitable for the use then being made of the premises by Covol, or if the remainder of the premises is not one undivided parcel of property, Covol shall have the right to terminate this Sublease as of the date of such taking or giving to Xxxxxx written notice of such termination within ninety (90) days after Xxxxxx has notified Covol in writing that a portion of the premises has been so appropriated or taken. In the event of such partial taking and Covol does not so terminate this Sublease, then this Sublease shall continue in full force and effect as to the part not taken.
Effect of Partial Condemnation. In the event that only a part of the Premises shall be taken by Condemnation, the Term shall expire as to that portion of the Premises condemned effective as of the date of the vesting of title in the condemning authority, and this Lease shall continue in full force and effect as to the part of the Premises not so taken. In the event of a partial Condemnation of the Premises which results in a permanent lack of reasonable, convenient access to and from the Premises or which permanently results in insufficient space for Tenant to carry on its business without material interference with its business, Tenant shall have the right to terminate this Lease if Landlord cannot relocate Tenant to comparable space elsewhere in the Building following the effective date of the Condemnation.
Effect of Partial Condemnation. In the event a portion of the Demised ------------------------------ Premises shall be so appropriated or taken and the remainder of the property shall not be suitable for the use then being made of the property by Lessee, or if the remainder of the property is not one undivided parcel of property, Lessee shall have the right to terminate this Lease as of the date of such taking on giving to Lessor written notice of such termination within thirty (30) days after Lessor has notified Lessee in writing that the property has been so appropriated or taken. In the event of such partial taking and Lessee does not so terminate this Lease, then this Lease shall continue in full force and effect as to the part not taken, and the rental to be paid by Lessee during the remainder of the term, subject to adjustment as provided in the rental adjustment provisions of Section Three hereof, shall be renegotiated but in no event reduced to less than seventy-five percent (75%) of the rent then being paid and any such adjustment shall not affect or change the times at which Lessor may require an adjustment in rent under the rental adjustment provisions of Section Three hereof.
Effect of Partial Condemnation. In the event a portion of the Leased Area shall be so appropriated or taken and the remainder of the property is not then suitable for the use as a YMCA facility, the YMCA shall have the right to terminate this Lease Agreement as of the date of the taking on giving to the Board written notice of termination within sixty (60) days after the Board has notified the YMCA in writing that the property has been so appropriated or taken. If there is a partial taking and the YMCA does not so terminate this Lease Agreement, then this Lease Agreement shall continue in full force and effect as to the part not taken.
Effect of Partial Condemnation. In the event that a portion of the Premises shall be so appropriated or taken to an extent that Tenant can no longer operate the Governmental Program, then Tenant shall have the right to give Landlord written notice of the right to treat the partial condemnation as a sale pursuant to Section 17(d) above within one hundred twenty (120) days after such portion of the Premises has been so appropriated or taken. Provided the Landlord agrees in such determination, in that event, this Lease shall be terminated and the proceeds of the condemnation shall be applied as if the condemned portion of the Premises were sold in accordance with Section 17(d) above. In the event the Landlord does not concur, Tenant shall either continue the program on the residual property, or shall have the right to terminate this Lease. In the event of partial taking in which Tenant elects to continue this Lease in the Premises, this Lease shall continue in full force as to the part not taken, and the condemnation award for the Premises shall be applied first to restore the remaining portion of the Premises to a configuration and condition so that the Premises can be used for the purposes set forth in Section 1 hereof (with the condemnation proceeds to be held by a mutually agreeable escrow agent in escrow for such restoration to be disbursed in accordance with standard commercial construction conditions customarily required by institutional lenders), and, to the extent of any remaining proceeds, as if the condemned portion of the Premises were sold in accordance with Section 17(d) above. None of the foregoing provisions shall preclude Tenant from making a separate claim against the condemning authority for the value of any trade fixtures, furniture, and equipment taken by said condemning authority and its relocation expenses provided such claim does not diminish or impair the award with respect to the Premises.