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”). Landlord may offer within forty-five (45) days of the Condemnation to relocate Tenant to new Premises in the Center provided in Section 24.24 of this Lease. 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 useor any portion thereof are taken or damaged, is taken including severance damage, under the power of eminent domain or sold under the threat by inverse condemnation or for any public or quasi-public use, or voluntarily conveyed or transferred in lieu of the an exercise of such power eminent domain or while condemnation proceedings are pending (collectively “all of which are herein called "Condemnation”"), this Lease shall terminate as of to the earlier part so taken as of the date the condemning authority takes title vests or possession, whichever first occurs. If so much of the Premises is taken by condemnation that the remainder is unsuitable for Tenant's continued occupancy for the uses and purposes for which the Premises are leased, Tenant shall have the option, exercisable only by written notice to Landlord within thirty (30) days after Landlord shall have given Tenant written notice of such taking (or in the condemnor or the date the condemnor is entitled to possession absence of the interest condemned such notice, within thirty (the “Condemnation Date”). Landlord may offer within forty-five (4530) days of after the Condemnation condemning authority shall have taken title or possession, whichever first occurs), to relocate Tenant to new Premises in the Center provided in Section 24.24 of this Lease. In all other cases, Landlord may terminate this Lease as of the Condemnation Date later of the date the condemning authority takes such title or possession (whichever first occurs) or the date Tenant vacates the Premises; provided, however, that if (i) Landlord disagrees with Tenant's determination that the Condemnation affects any material portion of the Premises or remaining after condemnation is unsuitable for Tenant's occupancy, such controversy shall be settled by arbitration in Los Angeles, California in accordance with the Building, (ii) Landlord receives insufficient funds from commercial arbitration rules of the condemnor to complete American Arbitration Association then in effect. In the restoration event that less than all 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 shall be taken by condemnation and Tenant does not elect 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 terminate this Lease remains in effectaccordance with the foregoing, (a) this Lease shall terminate 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 and applicable Additional Rent shall be equitably adjusted based upon reduced in the rental value -xli- same ratio that the floor area of the portion of the Premises remaining after the Condemnation compared taken by such condemnation bears to the rental value floor area 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 immediately before 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 propertycondemnation.

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”). Notwithstanding the foregoing, Landlord may offer prevent such termination by exercising, within forty-five (45) days of the Condemnation Condemnation, any right to relocate Tenant to new Premises in the Center provided in Section 24.24 24,24 of this Lease. 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 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”"). Notwithstanding the foregoing, Landlord may offer prevent such termination by exercising, within forty-five (45) days of the Condemnation Condemnation, any right to relocate Tenant to new Premises in the Center provided in Section 24.24 of this Lease. 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 '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 '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 '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 useor any portion thereof are taken or damaged, is taken including severance damage, under the power of eminent domain or sold under the threat by inverse condemnation or for any public or quasi-public use, or voluntarily conveyed or transferred in lieu of the an exercise of such power eminent domain or while condemnation proceedings are pending (collectively “Condemnation”all of which are herein called "condemnation"), this Lease shall terminate as of to the earlier part so taken as of the date the condemning authority takes title vests or possession, whichever first occurs. If so much of the Premises is taken by condemnation that the remainder is unsuitable for Tenant's continued occupancy for the uses and purposes for which the Premises are leased, Tenant shall have the option, exercisable only by written notice to Landlord within thirty (30) days after Landlord shall have given Tenant written notice of such taking (or in the condemnor or the date the condemnor is entitled to possession absence of the interest condemned such notice, within thirty (the “Condemnation Date”). Landlord may offer within forty-five (4530) days of after the Condemnation condemning authority shall have taken title or possession, whichever first occurs), to relocate Tenant to new Premises in the Center provided in Section 24.24 of this Lease. In all other cases, Landlord may terminate this Lease as of the Condemnation Date later of the date the condemning authority takes such title or possession (whichever first occurs) or the date Tenant vacates the Premises; provided, however, that if (i) Landlord disagrees with Tenant's determination that the Condemnation affects any material portion of the Premises or remaining after condemnation is unsuitable for Tenant's occupancy, such controversy shall be settled by arbitration in Los Angeles, California in accordance with the Building, (ii) Landlord receives insufficient funds from commercial arbitration rules of the condemnor to complete American Arbitration Association then in effect. In the restoration event that less than all 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 shall be taken by condemnation and Tenant does not elect 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 terminate this Lease remains in effectaccordance with the foregoing, (a) this Lease shall terminate 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 and applicable Additional Rent shall be equitably adjusted based upon reduced in the rental value same ratio that the floor area of the portion of the Premises remaining after the Condemnation compared taken by such condemnation bears to the rental value floor area 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 immediately before 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 propertycondemnation.

Effect on Lease. If all of the Premises, Project or so much any portion thereof that the remaining portion of the Premises cannot be used by Tenant for its permitted use, is are taken or damaged 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 by inverse condemnation or the date the condemnor is entitled to possession of the interest condemned (the “Condemnation Date”). Landlord may offer within fortyfor any public or quasi-five (45) days of the Condemnation to relocate Tenant to new Premises in the Center provided in Section 24.24 of this Lease. 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 Buildingpublic use, (ii) Landlord receives insufficient funds from the condemnor to complete the restoration all 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, (awhich are herein called "condemnation") this Lease shall terminate as to the portion of the Premises part so taken as of the Condemnation Datedate the condemning authority takes title or possession, whichever first occurs. If so much of the Project or any portion including parking is taken by condemnation that the remainder is unsuitable for Tenant's continued occupancy for the uses and purposes for which the Project is leased, then Tenant shall have the option, exercisable only by written notice to Landlord within thirty (b30) days after the Minimum Monthly Rent shall be equitably adjusted based upon condemning authority takes such title or possession, to terminate this Lease; provided, however, that if Landlord disagrees with Tenant's determination that the rental value portion of the Premises remaining after condemnation is unsuitable for Tenant's occupancy, such controversy shall be settled by arbitration in accordance with the Condemnation compared commercial arbitration rules of the American Arbitration Association then in effect. In the event that less than all of the Project shall be taken by condemnation and Tenant does not elect to terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the rental value portion of the Premises prior to Condemnationremaining, (c) Tenant’s Share except that the Monthly Rent otherwise payable hereunder shall be adjusted based on any changes reduced in the Rentable Square Footage same ratio that the floor area of the portion of the Project taken by such condemnation bears to the floor area immediately before such condemnation. Notwithstanding anything as to the contrary herein, in the event that more than twenty-five percent (25%) of the leasable square footage of the Project is taken by condemnation, whether or not any portion of the Premises and/or is taken, then Landlord may, at its option, to be exercised by written notice to Tenant within sixty (60) days after the Centerdate the condemning authority shall take title or possession, and (d) Landlord shallwhichever occurs first, within a reasonable period terminate this Lease as of time, undertake such construction or restoration as may be reasonably necessary to place the remaining Premises in a useable condition (provided that date of the cost taking of such construction title or restoration does not exceed possession. Upon termination, this Lease shall expire and all interests of Tenant in the amount awarded Project shall terminate, provided the Monthly Rent, Additional Rent and all other sums due are paid in full up to Landlord by and including the condemnor for date of such purpose). Landlord shall not be responsible to restore or replace any of Tenant’s Alterations, fixtures, equipment or personal propertytermination.

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 useor any portion thereof are taken or damaged, is taken including severance damage, under the power of eminent domain or sold under the threat by inverse condemnation or for any public or quasi-public use, or voluntarily conveyed or transferred in lieu of the an exercise of such power eminent domain or while condemnation proceedings are pending (collectively all of which are herein called “Condemnationcondemnation”), this Lease shall terminate as of to the earlier part so taken as of the date the condemning authority takes title vests or possession, whichever first occurs. If so much of the Premises is taken by condemnation that the remainder is unsuitable for Tenant’s continued occupancy for the uses and purposes for which the Premises are leased, Tenant shall have the option, exercisable only by written notice to Landlord within thirty (30) days after Landlord shall have given Tenant written notice of such taking (or in the condemnor or the date the condemnor is entitled to possession absence of the interest condemned such notice, within thirty (the “Condemnation Date”). Landlord may offer within forty-five (4530) days of after the Condemnation condemning authority shall have taken title or possession, whichever first occurs), to relocate Tenant to new Premises in the Center provided in Section 24.24 of this Lease. In all other cases, Landlord may terminate this Lease as of the Condemnation Date later of the date the condemning authority takes such title or possession (whichever first occurs) or the date Tenant vacates the Premises; provided, however, that if (i) Landlord disagrees with Tenant’s determination that the Condemnation affects any material portion of the Premises or remaining after condemnation is unsuitable for Tenant’s occupancy, such controversy shall be settled by arbitration in Los Angeles, California in accordance with the Building, (ii) Landlord receives insufficient funds from commercial arbitration rules of the condemnor to complete American Arbitration Association then in effect. In the restoration event that less than all 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 shall be taken by condemnation and Tenant does not elect 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 terminate this Lease remains in effectaccordance with the foregoing, (a) this Lease shall terminate 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 and applicable Additional Rent shall be equitably adjusted based upon reduced in the rental value same ratio that the floor area of the portion of the Premises remaining after the Condemnation compared taken by such condemnation bears to the rental value floor area 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 immediately before 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 propertycondemnation.