Common use of Effect on Lease Clause in Contracts

Effect on Lease. If all of the Premises, or so much thereof that the remaining portion of the Premises cannot be used by Tenant for its permitted use, is taken under the power of eminent domain or sold under the threat of the exercise of such power (collectively “Condemnation”), this Lease shall terminate as of the earlier of the date title vests in the condemnor or the date the condemnor is entitled to possession of the interest condemned (the “Condemnation Date”). In all other cases, Landlord may terminate this Lease as of the Condemnation Date if (i) the Condemnation affects any material portion of the Premises or the Building, (ii) Landlord receives insufficient funds from the condemnor to complete the restoration of the Premises required under this Section, or (iii) if the Condemnation affects such a substantial portion of the Center (including the Common Facilities, parking lots or access to the Center) that it is no longer economically appropriate in Landlord’s business judgment to lease the Premises on the terms and conditions of this Lease. If such Condemnation affects the Premises and this Lease remains in effect, (a) this Lease shall terminate as to the portion of the Premises taken as of the Condemnation Date, (b) the Minimum Monthly Rent shall be equitably adjusted based upon the rental value of the Premises remaining after the Condemnation compared to the rental value of the Premises prior to Condemnation, (c) Tenant’s Share shall be adjusted based on any changes in the Rentable Square Footage of the Premises and/or the Center, and (d) Landlord shall, within a reasonable period of time, undertake such construction or restoration as may be reasonably necessary to place the remaining Premises in a useable condition (provided that the cost of such construction or restoration does not exceed the amount awarded to Landlord by the condemnor for such purpose). Landlord shall not be responsible to restore or replace any of Tenant’s Alterations, fixtures, equipment or personal property.

Effect on Lease. If all of the Premises, or so much thereof that the remaining portion of the Premises cannot be used by Tenant for its permitted use, is taken under the power of eminent domain or sold under the threat of the exercise of such said power (collectively “Condemnation”), this Lease shall terminate as of the earlier of the date title vests in the condemnor or the date the condemnor is entitled condemning authority takes title or possession, whichever first occurs. If title to possession of the interest condemned (the “Condemnation Date”). In all other cases, Landlord may terminate this Lease as of the Condemnation Date if (i) the Condemnation affects any material a portion of the Premises or the Building, (ii) Landlord receives insufficient funds from the condemnor to complete the restoration of land on which the Premises required under this Sectionare located is taken by Condemnation, or (iii) if and the Condemnation affects such a substantial portion of remainder will not, in Lessor’s reasonable judgment, be suitable for Lessee’s continued use for the Center (including the Common Facilities, parking lots or access to the Center) that it is no longer economically appropriate in Landlord’s business judgment to lease the Premises on the terms and conditions of purposes permitted by this Lease. If such Condemnation affects the Premises and this Lease remains in effect, (a) this Lease shall terminate as of the date the condemning authority takes title or possession, whichever first occurs, provided that Lessor gives written notice of such termination to Lessee no later than thirty (30) days after the date of such taking. If title to a portion of the Premises or the land on which the Premises are located is taken by Condemnation, and the remainder will, in Lessor’s reasonable judgment, be suitable for Lessee’s continued use for the purposes permitted by this Lease, then Lessor shall repair the damage caused by the partial taking, if any, and this Lease shall not terminate and shall remain in full force and effect as to the portion of the Premises taken as of remaining, except that the Condemnation Date, (b) the Minimum Monthly Base Rent payable hereunder shall be equitably adjusted based upon reduced in proportion to the rental value reduction in utility of the Premises remaining after the Condemnation compared caused by such Condemnation. Lessee acknowledges and agrees that a change in access to the rental value of land on which the Premises prior are located or minor adjustments to Condemnationparking, (c) Tenant’s Share shall be adjusted based on any changes in the Rentable Square Footage of the Premises and/or the Center, and (d) Landlord shall, within a reasonable period of time, undertake such construction or restoration as may be reasonably necessary to place the remaining Premises in a useable condition (provided that the cost of such construction or restoration does not exceed the amount awarded to Landlord by the condemnor for such purpose). Landlord shall not be responsible constitute a taking and shall not entitle Lessee to restore or replace any of Tenant’s Alterations, fixtures, equipment or personal propertyreduction in Base Rent.

Effect on Lease. If all any portion of the PremisesPremises is taken by condemnation, or so much thereof this Lease shall remain in effect, except that Tenant may elect to terminate this Lease if the remaining portion of the Premises cannot be used by Tenant is rendered unsuitable for its permitted use, is taken under the power of eminent domain or sold under the threat Tenant’s continued use of the exercise of such power Premises, by giving notice to Landlord within thirty (collectively “Condemnation”), this Lease shall terminate as 30) days after the nature and extent of the earlier taking have been finally determined. Tenant shall have no claim against Landlord for the value of any unexpired term of the date title vests Lease, except for a prorata portion of monies paid toward Operating Expenses for the month in the condemnor or which the date the condemnor is entitled to possession of the interest condemned (the “Condemnation Date”)taking occurs. In all other cases, Landlord may terminate this Lease as of the Condemnation Date if (i) the Condemnation affects If any material portion of the Premises or the Building, (ii) Landlord receives insufficient funds from the condemnor to complete the restoration of the Premises required under this Section, or (iii) if the Condemnation affects such a substantial portion of the Center (including the Common Facilities, parking lots or access to the Center) that it is no longer economically appropriate in Landlord’s business judgment to lease the Premises on the terms and conditions of this Lease. If such Condemnation affects the Premises taken by condemnation and this Lease remains in effect, (a) this Lease as of the date of taking, all rent shall terminate as to be reduced and the portion proportion that the total number of square feet in the Premises taken as bears to the total number of the Condemnation Date, (b) the Minimum Monthly Rent shall be equitably adjusted based upon the rental value of square feet in the Premises remaining after immediately before the Condemnation compared to the rental value date of the Premises prior to Condemnation, (c) taking. Tenant’s Share shall be appropriately adjusted based on any changes in and Landlord shall proceed to restore the Rentable Square Footage remainder of the Premises and/or to substantially the Centersame condition prior to such partial taking (but not Tenant’s fixtures, and (d) Landlord shallequipment, within a reasonable period of time, undertake such construction alterations or restoration as may Tenant Improvements which shall be reasonably necessary to place the remaining Premises in a useable condition (provided that the cost of such construction or restoration does not exceed the amount awarded to Landlord by the condemnor for such purposeTenant’s responsibility). Landlord Any award for any total or partial taking shall not be responsible the property of Landlord; nothing, however, shall preclude Tenant from obtaining an award for loss of or damage to restore Tenant’s trade fixtures or replace any removal of personal property or for damages for succession or interruption of Tenant’s Alterationsbusiness or for relocation costs, fixtures, equipment or personal propertyfor a portion of such award as is allocable to improvements constructed or paid for by Tenant.

Effect on Lease. If all of the Premises, or so much thereof that the remaining portion of the Premises cannot be used by is insufficient for Tenant to occupy for its permitted use, is taken under the power of eminent domain or sold under the threat of the exercise of such power (collectively “"Condemnation”"), this Lease shall terminate as of the earlier of the date title vests in the condemnor or the date the condemnor is entitled to possession of the interest condemned (the “Condemnation Date”)condemnor. In all other cases, Landlord may terminate this Lease as of the Condemnation Date date title vests in the condemnor if (i) the Condemnation affects any material portion of the Premises or the Building, (ii) Landlord receives insufficient funds from the condemnor to complete the restoration of the Premises required under described in this Section, or (iii) if the Condemnation affects such a substantial portion of the Center (including Center, the parking areas or Common Facilities, parking lots or access to the Center) Facilities that it is no longer economically appropriate in Landlord’s 's business judgment to lease the Premises on the terms and conditions of this Lease. If such Condemnation affects Tenant may terminate this Lease in the event Tenant's use of the Premises is permanently and materially impaired or reduced by more than 15%. Notwithstanding the foregoing, Landlord may prevent a termination of this Lease by exercising, within forty-five days of the Condemnation, any right to relocate Tenant to new Premises in the Center provided in Section 24.24 of this Lease. If this Lease remains in effect, (a) this Lease shall terminate as to the portion (if any) of the Premises taken as of the Condemnation Datedate title vests in the condemnor, (b) the Minimum Monthly Rent shall be equitably adjusted based upon the rental value of the Premises remaining after the Condemnation compared to the rental value of the Premises prior to Condemnation, (c) Tenant’s 's Pro Rata Share shall be adjusted based on any changes in the Rentable Square Footage of the Premises and/or the Center, and (d) Landlord shall, within a reasonable period of time, undertake such construction or restoration as may be reasonably necessary to place the remaining Premises in a useable condition (provided that the cost of such construction or restoration does not exceed the amount awarded to Landlord by the condemnor for such purpose). Landlord shall not be responsible to restore or replace any of Tenant’s 's Alterations, fixtures, equipment or personal property, except as provided in Section 24.24 if Landlord exercises its rights thereunder.

Effect on Lease. If all of the Premises, or so much thereof that the remaining portion of the Premises cannot be used by Tenant for its permitted use, is taken under the power of eminent domain or sold under the threat of the exercise of such said power (collectively “"Condemnation”"), this Lease shall terminate as of the earlier of the date title vests in the condemnor or the date the condemnor is entitled condemning authority takes title or possession, whichever first occurs. If title to possession of the interest condemned (the “Condemnation Date”). In all other cases, Landlord may terminate this Lease as of the Condemnation Date if (i) the Condemnation affects any material a portion of the Premises or the Building, (ii) Landlord receives insufficient funds from the condemnor to complete the restoration of land on which the Premises required under this Sectionare located is taken by Condemnation, or (iii) if and the Condemnation affects such a substantial portion of remainder will not, in Lessor's reasonable judgment, after consultation with Lessee, be suitable for Lessee's continued use for the Center (including the Common Facilities, parking lots or access to the Center) that it is no longer economically appropriate in Landlord’s business judgment to lease the Premises on the terms and conditions of purposes permitted by this Lease. If such Condemnation affects the Premises and this Lease remains in effect, (a) this Lease shall terminate as of the date the condemning authority takes title or possession, whichever first occurs, provided that Lessor gives written notice of such termination to Lessee no later than thirty {30) days after the date of such taking. If title to a portion of the Premises or the land on which the Premises are located is taken by Condemnation, and the remainder will, in Lessor's reasonable judgment (after consultation with Lessee), be suitable for Lessee's continued use for the purposes permitted by this Lease, then Lessor shall repair the damage caused by the partial taking, if any, and this Lease shall not terminate and shall remain in full force and effect as to the portion of the Premises taken as of remaining, except that the Condemnation Date, (b) the Minimum Monthly Base Rent payable hereunder shall be equitably adjusted based upon reduced in proportion to the rental value reduction in utility of the Premises remaining after the Condemnation compared caused by such Condemnation. Lessee acknowledges and agrees that a change in access to the rental value of land on which the Premises prior are located or minor adjustments to Condemnationparking, (c) Tenant’s Share shall be adjusted based on any changes in the Rentable Square Footage of the Premises and/or the Center, and (d) Landlord shall, within a reasonable period of time, undertake such construction or restoration as may be reasonably necessary to place the remaining Premises in a useable condition (provided that the cost of such construction or restoration does not exceed the amount awarded to Landlord by the condemnor for such purpose). Landlord shall not be responsible constitute a taking and shall not entitle Lessee to restore or replace any of Tenant’s Alterations, fixtures, equipment or personal propertyreduction in Base Rent.

Effect on Lease. (a) If all of the Premises, or so much thereof that the remaining portion of the Premises cannot be used are totally taken by Tenant for its permitted use, is taken under the power of eminent domain or sold under the threat of the exercise of such power (collectively “Condemnation”), this Lease shall terminate as of the earlier Date of Condemnation. If a portion but not all of the date title vests Premises is taken by Condemnation, this Lease shall remain in effect, except as otherwise provided herein to the condemnor or the date the condemnor is entitled to possession contrary. If a portion of the interest condemned Building is taken by Condemnation and Landlord determines that it would not be economically prudent to restore the Premises or if there are not adequate condemnation proceeds made available to Landlord to complete restoration, then upon written notice to Tenant delivered within sixty (60) days after Landlord notifies Tenant of the “Condemnation Date”). In all other casesCondemnation, Landlord may terminate this Lease effective as of the Condemnation Date date of Condemnation. Further, if (i) the Condemnation affects any material such a significant portion of the Premises or the Building, (ii) Landlord receives insufficient funds from the condemnor to complete the restoration is taken by eminent domain that Tenant’s use and enjoyment of the Premises required for the purposes permitted under this SectionLease is unreasonably interfered with, or (iii) if the Condemnation affects such a substantial significant portion of the Center (including the Common Facilities, parking lots or access areas is taken so as to materially and adversely affect Tenant’s ingress and egress to the CenterPremises or the required level of parking for the Premises, and Landlord is not able to provide substitutes or replacements for the parking areas taken reasonably acceptable to Tenant, then upon written notice to the other party delivered within sixty (60) that it is no longer economically appropriate in Landlord’s business judgment to lease days after Landlord notifies Tenant of the Premises on the terms and conditions of this Lease. If such Condemnation affects the Premises and Condemnation, either party may terminate this Lease remains in effect, (a) this Lease shall terminate as to the portion of the Premises taken effective as of the Condemnation Date, (b) the Minimum Monthly Rent shall be equitably adjusted based upon the rental value Date of the Premises remaining after the Condemnation compared to the rental value of the Premises prior to Condemnation, (c) Tenant’s Share shall be adjusted based on any changes in the Rentable Square Footage of the Premises and/or the Center, and (d) Landlord shall, within a reasonable period of time, undertake such construction or restoration as may be reasonably necessary to place the remaining Premises in a useable condition (provided that the cost of such construction or restoration does not exceed the amount awarded to Landlord by the condemnor for such purpose). Landlord shall not be responsible to restore or replace any of Tenant’s Alterations, fixtures, equipment or personal property.

Effect on Lease. If all of the Premises, or so much thereof that the remaining portion of the Premises cannot be used by Tenant for the conduct of its permitted usebusiness, is taken under the power of eminent domain or sold under the threat of the exercise of such power (collectively “Condemnation”), this Lease shall terminate as of the earlier of the date title vests in the condemnor or the date the condemnor is entitled to possession of the interest condemned (the “Condemnation Date”). In all other cases, Landlord may terminate this Lease as of the Condemnation Date if (i) the Condemnation affects any material portion of the Premises or the Building, (ii) Landlord receives insufficient funds from the condemnor to complete the restoration of the Premises required under this Section, or (iii) if the Condemnation affects such a substantial portion of the Center Building (including the Common Facilities, parking lots or access to the CenterBuilding) that it is no longer economically appropriate in Landlord’s business judgment to lease the Premises on the terms and conditions of this Lease. If such Condemnation affects the Premises and this Lease remains in effect, (a) this Lease shall terminate as to the portion of the Premises taken as of the Condemnation Date, (b) the Minimum Monthly Rent shall be equitably adjusted based upon the rental value of the Premises remaining after the Condemnation compared to the rental value of the Premises prior to Condemnation, (c) Tenant’s Share shall be adjusted based on any changes in the Rentable Square Footage square footage of the Premises and/or the CenterBuilding, and (d) Landlord shall, within a reasonable period of time, undertake such construction or restoration as may be reasonably necessary to place the remaining Premises in a useable condition (provided that the cost of such construction or restoration does not exceed the amount awarded to Landlord by the condemnor for such purpose). Landlord shall not be responsible to restore or replace any of Tenant’s Alterations, fixtures, equipment or personal property.

Effect on Lease. If all of the Premises, or so much thereof that the remaining portion of the Premises cannot be used by Tenant for its permitted use, is taken under the power of eminent domain or sold under the threat of the exercise of such said power (collectively “Condemnation”), this Lease shall terminate as of the earlier of the date title vests in the condemnor or the date the condemnor is entitled condemning authority takes title or possession, whichever first occurs. If title to possession of the interest condemned (the “Condemnation Date”). In all other cases, Landlord may terminate this Lease as of the Condemnation Date if (i) the Condemnation affects any material a portion of the Premises or the Building, (ii) Landlord receives insufficient funds from the condemnor to complete the restoration of land on which the Premises required under this Sectionare located is taken by Condemnation, or (iii) if and the Condemnation affects such a substantial portion of remainder will not, in Lessor’s reasonable judgment, after consultation with Lessee, be suitable for Lessee’s continued use for the Center (including the Common Facilities, parking lots or access to the Center) that it is no longer economically appropriate in Landlord’s business judgment to lease the Premises on the terms and conditions of purposes permitted by this Lease. If such Condemnation affects the Premises and this Lease remains in effect, (a) this Lease shall terminate as of the date the condemning authority takes title or possession, whichever first occurs, provided that Lessor gives written notice of such termination to Lessee no later than thirty (30) days after the date of such taking. If title to a portion of the Premises or the land on which the Premises are located is taken by Condemnation, and the remainder will, in Lessor’s reasonable judgment (after consultation with Lessee), be suitable for Lessee’s continued use for the purposes permitted by this Lease, then Lessor shall repair the damage caused by the partial taking, if any, and this Lease shall not terminate and shall remain in full force and effect as to the portion of the Premises taken as of remaining, except that the Condemnation Date, (b) the Minimum Monthly Base Rent payable hereunder shall be equitably adjusted based upon reduced in proportion to the rental value reduction in utility of the Premises remaining after the Condemnation compared caused by such Condemnation. Lessee acknowledges and agrees that a change in access to the rental value of land on which the Premises prior are located or minor adjustments to Condemnationparking, (c) Tenant’s Share shall be adjusted based on any changes in the Rentable Square Footage of the Premises and/or the Center, and (d) Landlord shall, within a reasonable period of time, undertake such construction or restoration as may be reasonably necessary to place the remaining Premises in a useable condition (provided that the cost of such construction or restoration does not exceed the amount awarded to Landlord by the condemnor for such purpose). Landlord shall not be responsible constitute a taking and shall not entitle Lessee to restore or replace any of Tenant’s Alterations, fixtures, equipment or personal propertyreduction in Base Rent.

Effect on Lease. (a) If all of the Premises, or so much thereof that the remaining portion of the Premises cannot be used are totally taken by Tenant for its permitted use, is taken under the power of eminent domain or sold under the threat of the exercise of such power (collectively “Condemnation”), this Lease shall terminate as of the earlier Date of Condemnation. If a portion but not all of the date title vests Premises is taken by Condemnation, this Lease shall remain in effect, except as otherwise provided herein to the condemnor or the date the condemnor is entitled to possession contrary. If a portion of the interest condemned Building is taken by Condemnation and Landlord determines that it would not be economically prudent to restore the Premises or if there are not adequate condemnation proceeds made available to Landlord to complete restoration, then upon written notice to Tenant delivered within sixty (60) days after Landlord notifies Tenant of the “Condemnation Date”). In all other casesCondemnation, Landlord may terminate this Lease effective as of the Condemnation Date date of Condemnation. Further, if (i) the Condemnation affects any material such a significant portion of the Premises or the Building, (ii) Landlord receives insufficient funds from the condemnor to complete the restoration is taken by eminent domain that Tenant's use and enjoyment of the Premises required for the purposes permitted under this SectionLease is unreasonably interfered with, or (iii) if the Condemnation affects such a substantial significant portion of the Center (including the Common Facilities, parking lots or access areas is taken so as to materially and adversely affect Tenant's ingress and egress to the CenterPremises or the required level of parking for the Premises, and Landlord is not able to provide substitutes or replacements for the parking areas taken reasonably acceptable to Tenant, then upon written notice to the other party delivered within sixty (60) that it is no longer economically appropriate in Landlord’s business judgment to lease days after Landlord notifies Tenant of the Premises on the terms and conditions of this Lease. If such Condemnation affects the Premises and Condemnation, either party may terminate this Lease remains in effect, (a) this Lease shall terminate as to the portion of the Premises taken effective as of the Condemnation Date, (b) the Minimum Monthly Rent shall be equitably adjusted based upon the rental value Date of the Premises remaining after the Condemnation compared to the rental value of the Premises prior to Condemnation, (c) Tenant’s Share shall be adjusted based on any changes in the Rentable Square Footage of the Premises and/or the Center, and (d) Landlord shall, within a reasonable period of time, undertake such construction or restoration as may be reasonably necessary to place the remaining Premises in a useable condition (provided that the cost of such construction or restoration does not exceed the amount awarded to Landlord by the condemnor for such purpose). Landlord shall not be responsible to restore or replace any of Tenant’s Alterations, fixtures, equipment or personal property.

Effect on Lease. If all of the Premises, or so much thereof that the remaining portion of the Premises cannot be used by Tenant for its permitted use, is taken under the power of eminent domain or sold under the threat of the exercise of such said power (collectively “Condemnation”), this Lease shall terminate as of the earlier of the date title vests in the condemnor or the date the condemnor is entitled condemning authority takes title or possession, whichever first occurs. If title to possession of the interest condemned (the “Condemnation Date”). In all other cases, Landlord may terminate this Lease as of the Condemnation Date if (i) the Condemnation affects any material a portion of the Premises or the Building, (ii) Landlord receives insufficient funds from the condemnor to complete the restoration of land on which the Premises required under this Sectionare located is taken by Condemnation, or (iii) if and the Condemnation affects such a substantial portion of remainder will not, in Lessee’s reasonable judgment, be suitable for Lessee’s continued use for the Center (including the Common Facilities, parking lots or access to the Center) that it is no longer economically appropriate in Landlord’s business judgment to lease the Premises on the terms and conditions of purposes permitted by this Lease. If such Condemnation affects the Premises and this Lease remains in effect, (a) this Lease shall terminate as of the date the condemning authority takes title or possession, whichever first occurs, provided that Lessee gives written notice of such termination to Lessor no later than thirty (30) days after the date of such taking. If title to a portion of the Premises or the land on which the Premises are located is taken by Condemnation, and the remainder will, in Lessee’s reasonable judgment, be suitable for Lessee’s continued use for the purposes permitted by this Lease, then Lessor shall repair the damage caused by the partial taking, if any, and this Lease shall not terminate and shall remain in full force and effect as to the portion of the Premises taken as of remaining, except that the Condemnation Date, (b) the Minimum Monthly Base Rent payable hereunder shall be equitably adjusted based upon reduced in proportion to the rental value reduction in utility of the Premises remaining after the Condemnation compared caused by such Condemnation. Lessee acknowledges and agrees that a change in access to the rental value land on which the Premises are located or minor adjustments to parking which do not adversely affect Tenant’s use or occupancy of the Premises prior to Condemnationin any material respect, (c) Tenant’s Share shall be adjusted based on any changes in the Rentable Square Footage of the Premises and/or the Center, and (d) Landlord shall, within a reasonable period of time, undertake such construction or restoration as may be reasonably necessary to place the remaining Premises in a useable condition (provided that the cost of such construction or restoration does not exceed the amount awarded to Landlord by the condemnor for such purpose). Landlord shall not be responsible constitute a taking and shall not entitle Lessee to restore or replace any of Tenant’s Alterations, fixtures, equipment or personal propertyreduction in Base Rent.