Common use of Eminent Domain Clause in Contracts

Eminent Domain. 22.1. In the event (a) the whole of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 3 contracts

Sources: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC), Purchase and Sale Agreement

Eminent Domain. 22.1. In the event (a) the whole A. If a portion of the Premises Building, or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Premises, shall be lawfully taken or condemned for any public or quasi-public use or purpose, or conveyed under threat of such condemnation, and as a result thereof, the Premises cannot be used for the same purpose by any lawful power and with the same utility as before such taking or authority by exercise conveyance, the terms of this Lease shall end upon, and not before, the date of the right taking of appropriationpossession by the condemning authority, condemnation or eminent domain, or sold to prevent and without apportionment of the award. In such takingevent, Tenant or Landlord may terminate this Lease effective hereby assigns to Landlord, Tenant's interest in such award, if any. Current rent shall be apportioned as of the date possession is required to of such termination. If any part of the Building shall be surrendered to such authorityso taken or so condemned, except with regard to (y) items occurring prior or, if the grade of any street or alley adjacent to the Building is changed by any government authority and such taking and (z) provisions or change of grade makes it necessary or desirable to demolish, substantially remodel, or restore the Building, Landlord shall have the right to cancel this Lease that, by their express terms, survive the expiration or earlier termination hereofupon not less than ninety (90) days' prior notice to Tenant. 22.2. In the event of B. If a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied shall be lawfully taken or condemned or conveyed under threat of condemnation but thereafter the Premises can be used by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) same purpose and with substantially the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Sectionsame utility, this Lease continues in effect, then shall not be terminated and Landlord shall promptly proceed repair the Premises, Building, and/or common area (to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasibleapplicable), as determined by Landlord in its sole and absolute discretion, the Rent Lease shall be decreased proportionately amended, if applicable, to reflect reduce Tenant's Proportion and Base Rent in the loss proportion of any portion the amount of the Premises taken. No money or other consideration shall be payable by Landlord to Tenant for any right of cancellation or temporary taking and Tenant shall have no longer available right to Tenantshare in any condemnation award or in any judgment for damage caused by a change of grade. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 3 contracts

Sources: Office Lease (Biotel Inc.), Asset Purchase Agreement (Biotel Inc.), Office Lease (Biotel Inc.)

Eminent Domain. 22.1. In the event (a) that the whole or substantially all of the Leased Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be condemned or taken in any manner (including agreement between Landlord and any governmental authority authorized to exercise such right) for any public or quasi-public purpose by any lawful power or authority by exercise use, this Lease shall forthwith cease and terminate as of the right date of appropriationvesting of title and the Rent due from Tenant hereunder shall be apportioned and paid to such date of vesting. In the event that only a part of the Leased Premises consisting of less than substantially all thereof shall be so condemned or taken, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease then effective as of the date possession is required to of vesting of title, the Rent reserved hereunder for such part shall be surrendered equitably abated and this Lease shall continue as to such authoritypart not so taken. If a substantial part or the whole of the Leased Premises is taken for a term of less than twelve (12) months, the Lease shall remain in full force and effect, except with regard to (y) items occurring prior that Rent shall ▇▇▇▇▇ during the term of such temporary taking as to the taking and (z) provisions portion of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2Leased Premises so taken. In the event of a partial taking any condemnation or taking, Landlord shall be entitled to receive the entire award in the condemnation proceeding, including any award made for the value of the Premises for any public or quasi-public purpose estate vested by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard in Tenant, and Tenant hereby expressly assigns to (a) items occurring prior Landlord any and all right, title and interest of Tenant now or hereafter arising in or to the taking any such award or any part thereof, and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) receive no part of such award. Notwithstanding the taking of Tenant's personal property that was installed at Tenant's expense and (b) foregoing, the costs of Tenant moving shall have the right to a new location. Except as set forth in the previous sentence, any separate award for such taking shall be the property of Landlordits trade fixtures, equipment and relocation costs. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement (CONTRAFECT Corp), Lease Agreement (CONTRAFECT Corp)

Eminent Domain. 22.1. In a. If during the event (a) the whole Term all or substantially all of the Premises Land and the Improvements shall be taken in the exercise of the power of eminent domain or (bby private purchase in lieu thereof, then this Lease shall terminate on the date of vesting of title in the taking authority. The award(s) for any such part thereof as taking shall be shared by the Landlord and the Tenant based on the relative value of each of their interests in the Premises. Any costs reasonably incurred by the parties in pursuing the eminent domain award shall be a first charge against the award. b. If during the Term less than all or substantially interfere with all of the Land and the Improvements shall be taken in the exercise of the power of eminent domain or by private purchase in lieu thereof, but such portion taken has a material adverse impact on the Tenant's use and occupancy or intended use of the Premises for Premises, then the Permitted Use Tenant shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of have the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior by written notice to the taking and Landlord within ninety (b90) provisions of this Lease that, by their express terms, survive days following the expiration or earlier termination hereof) as date of such taking if such taking is, in Landlord’s sole opinion, or purchase. In the case of a material nature such as to make it uneconomical to continue use all other takings of less than all or substantially all of the unappropriated portion for purposes of renting space for Land and Improvements or such private purchases thereof, this Lease shall continue in full force and effect and the Permitted Use. 22.3. Tenant shall be entitled proceed with reasonable diligence following receipt of the condemnation award to carry out any necessary repair and restoration. Any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to from a new location. Except as set forth in the previous sentence, any award for such partial taking shall be paid in the property following order of Landlord. 22.4priority: first, to the Tenant for such restoration; and second, the balance to the Landlord and the Tenant in proportion to the value of their relative interests in the Premises so taken. If, upon any taking of Any costs reasonably incurred by the nature described parties in this Section, pursuing the eminent domain award shall be a first charge against the award. If this Lease continues shall continue in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to full force and effect following such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect permanently abated on a pro rata basis based on the loss of any portion value of the Premises no longer available immediately prior to Tenantsuch taking as compared to the value of the remaining Premises immediately after to such taking. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 3 contracts

Sources: Ground Lease, Ground Lease, Ground Lease

Eminent Domain. 22.1. In the event (a) If the whole or any part of the Premises or Project (bincluding parking areas) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose quasipublic use by any lawful a governmental authority under the power of eminent domain or shall be conveyed to a governmental authority by exercise in lieu of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, and if such taking or conveyance shall cause the remaining part of the Premises to be untenantable and inadequate for use by Tenant or Landlord may for the purpose for which they were leased, then Tenant may, at its option, terminate this Lease effective as of the date possession Tenant is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking surrender possession of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise as a result of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion . If a part of the Premises occupied by Tenant was so takenor Project shall be taken or conveyed but the remaining part is tenantable and adequate for Tenant's use, Landlord may elect to terminate then this Lease (except with regard to (a) items occurring prior shall be terminated as to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration part taken or earlier termination hereof) conveyed as of the date Tenant surrenders possession; Landlord shall make such taking if such taking isrepairs, alterations and improvements as may be necessary to render the part not taken or conveyed tenantable; and the rent shall be reduced in Landlord’s sole opinion, of a material nature such as proportion to make it uneconomical to continue use the part of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3Premises so taken or conveyed. Tenant shall be entitled not have the right to any award that is specifically awarded as compensation for (a) assert a claim against the taking governmental authority exercising its power of eminent domain based upon the value of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new locationleasehold interest. Except as set forth in the previous sentence, any award All compensation awarded for such taking or conveyance shall be the property of Landlord without any deduction therefrom for any present or future estate of Tenant and Tenant hereby assigns to Landlord all its right, title and interest in and to any such award. However, Tenant shall have the right to recover from the governmental authority, but not from Landlord. 22.4. If, upon any taking such compensation as may be awarded to Tenant on account of the nature described in this Sectioninterruption of Tenant's business, this Lease continues in effect, then Landlord shall promptly proceed moving and relocation expenses and depreciation to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss removal of any portion of the Premises no longer available to Tenant's trade fixtures and personal property. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 3 contracts

Sources: Lease (Wam Net Inc), Lease Agreement (Cray Inc), Conference Center Lease Agreement (Cray Inc)

Eminent Domain. 22.1. In Except as hereinafter provided, if the event (a) the whole of the Premises Premises, or (b) such part portion thereof as shall substantially interfere with Tenant's use and to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for continued occupancy of the Premises for the Permitted Use purposes contemplated under this Lease, or if access to the Building or Premises, shall be taken for any public by condemnation or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, the Landlord and the Tenant or Landlord may terminate this Lease effective as of shall each have the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior by notice to the taking and other of its desire to do so, provided that such notice is given not later than thirty (b30) provisions days after receipt by the Tenant of this Lease that, by their express terms, survive notice of the expiration or earlier termination hereof) as effective date of such taking if such taking istaking. If so much of the Building shall be so taken that the Landlord reasonably determines, in Landlord’s sole opiniongood faith, of that it would be necessary to substantially alter the Building so that a material nature rebuilt Building will not be substantially similar to the Building before such as to make it uneconomical to continue use of taking, the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore have the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties right to terminate this Lease by giving notice to the Tenant of the Landlord’s desire to do so not later than thirty (30) days after the effective date of such taking. Should any part of the Premises be so taken or condemned during the Term, and should this Lease be not terminated in accordance with the foregoing provisions, the Landlord agrees to use reasonable efforts to put what may remain of the Premises into proper condition for use and occupation as a result nearly like the condition of the Premises prior to such taking as shall be practicable, subject, however, to applicable laws and codes then in existence. The Landlord shall have no obligation to expend in the aforesaid restoration more than the proceeds of any damage award received in any condemnation or destructioneminent domain proceeding, or any sum paid in lieu thereof.

Appears in 2 contracts

Sources: Lease Agreement (Fulcrum Therapeutics, Inc.), Lease Agreement (Fulcrum Therapeutics, Inc.)

Eminent Domain. 22.1. In the event (a) the whole If all or any part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for by any public or quasi-public purpose authority under the power of eminent domain or conveyance in lieu thereof, this Lease shall terminate as to any portion of the Premises so taken or conveyed on the date when title vests in the condemnor, and Landlord shall be entitled to any and all payment, income, rent, award, or any interest therein whatsoever which may be paid or made in connection with such taking or conveyance, and Tenant shall have no claim against Landlord or otherwise for the value of any unexpired term of this Lease. Notwithstanding the foregoing paragraph, any compensation specifically awarded Tenant for loss of business. Tenant's personal property, moving cost or loss of goodwill, shall be and remain the property of Tenant. If (i) any action or proceeding is commenced for such taking of the Premises or any part thereof, or if Landlord is advised in writing by any lawful entity or body having the right or power of condemnation of its intention to condemn the premises or authority by exercise any portion thereof, or (ii) any of the right foregoing events occur with respect to the taking of appropriation, condemnation or eminent domainany space in the Complex not leased hereby, or sold if any such spaces so taken or conveyed in lieu of such taking and Landlord shall decide to prevent discontinue the use and operation of the Complex, or decide to demolish, alter or rebuild the Complex, then, in any of such taking, Tenant or events Landlord may shall have the right to terminate this Lease effective by giving Tenant written notice thereof within sixty (60) days of the date of receipt of said written advice, or commencement of said action or proceeding, or taking conveyance, which termination shall take place as of the first to occur of the last day of the calendar month next following the month in which such notice is given or the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior on which title to the taking and (z) provisions of this Lease that, by their express terms, survive Premises shall vest in the expiration or earlier termination hereof. 22.2condemnor. In the event of such a partial taking or conveyance of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriationPremises, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any if the portion of the Premises occupied by taken or conveyed is so substantial that the Tenant was so takencan no longer reasonably conduct its business, Landlord may elect to terminate Tenant shall have the privilege of terminating this Lease within sixty (except with regard to (a60) items occurring prior to days from the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as date of such taking if or conveyance, upon written notice to Landlord of its intention so to do, and upon giving of such notice this Lease shall terminate on the last day of the calendar month next following the month in which such notice is given, upon payment by Tenant of the rent from the date of such taking is, in Landlord’s sole opinion, or conveyance to the date of termination. If a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms be taken by condemnation or conveyance in lieu thereof and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to neither Landlord nor Tenant shall terminate this Lease as a result provided herein, this Lease shall continue in full force and effect as to the part of any damage the Premises not so taken or destructionconveyed, and the rent herein shall be apportioned as of the date of such taking or conveyance so that thereafter the rent to be paid by Tenant shall be in the ratio that the area of the portion of the Premises not so taken or conveyed bears to the total area of the Premises prior to such taking.

Appears in 2 contracts

Sources: Lease Agreement (Neomagic Corp), Lease Agreement (Gric Communications Inc)

Eminent Domain. 22.126.1. In the event (a) the whole of the Premises Premises, or (b) such part thereof as shall substantially interfere with Tenant's ’s use and occupancy of the Premises for the Permitted Use thereof, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.226.2. In the event of a partial taking of the Premises Building or the Project, or of drives, walkways or parking areas serving the Building or the Project for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Useoffice or laboratory space. 22.326.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's ’s personal property that was installed at Tenant's expense and ’s expense, (b) the costs of Tenant moving to a new locationlocation and (c) lost profits, goodwill and leasehold improvements paid for by Tenant. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.426.4. Iflf, upon any taking of the nature described in this SectionArticle 26, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises Premises, the Building and the Project, as applicable, to substantially their same condition prior to such partial taking. To the extent such restoration is infeasiblefeasible, as determined by Landlord in its sole and absolute reasonable discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Lease (Ardelyx, Inc.), Lease (Ardelyx, Inc.)

Eminent Domain. 22.1. In the event (a) a. If the whole or any portion of the Premises Premises, Building or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use parking areas shall be taken or condemned by any competent authority for any public or quasi-public use or purpose by any lawful power or authority by exercise and such taking substantially thwarts the intended use of the right of appropriationfacility by TENANT, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective shall cease and terminate as of the date possession is required to be surrendered to such on which title shall vest thereby in that authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of b. If a partial taking portion of the Premises shall be taken or condemned by any competent authority for any public or quasi-public use or purpose by any lawful power or authority by exercise of right of appropriation, condemnationand such taking does not negatively affect the ingress and egress to the Premises, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of substantially thwart the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue intended use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded facility by TENANT, as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Sectionreasonably determined by TENANT, this Lease continues and the terms hereof shall not cease or terminate, but the Rent payable after the date on which TENANT shall be required to surrender possession of such portion shall be reduced in effect, then Landlord proportion to the decreased use suffered by TENANT as the parties may agree or as shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as be determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenantarbitration. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in c. In the event of any damage taking or destruction. Accordinglycondemnation in whole or in part, the parties hereby waive entire resulting award of damages shall belong to LANDLORD without any deduction therefrom for the provisions value of any Applicable Laws (and any successor statutes) permitting the parties to terminate unexpired term of this Lease as a result of or for any damage other estate or destructioninterest in the Premises now or later vested in TENANT. TENANT assigns to LANDLORD all its right, title, and interest in any and all such awards, except any award for the TENANT’S business damages. TENANT shall not be prohibited from pursuing its own action for business damages against the condemning authority. LANDLORD shall not be responsible to the TENANT for any damages caused by the taking.

Appears in 2 contracts

Sources: Lease Agreement (Trulieve Cannabis Corp.), Lease Agreement (Trulieve Cannabis Corp.)

Eminent Domain. 22.1. In the event (a) the whole Either party may terminate this Lease if any material part of the Premises is taken or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken condemned for any public or quasi-public purpose use under Law, by any lawful power eminent domain or authority by exercise of conveyance in lieu thereof (a “Taking”). Landlord shall also have the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease if there is a Taking of any portion of the Building or Property that would have a material adverse effect on Landlord’s ability to profitably operate the remainder of the Building. The terminating party shall provide written notice of termination to the other party within forty-five (45) days after it first receives notice of the Taking. The termination shall be effective as of the effective date of any order granting possession is required to be surrendered to such to, or vesting legal title in, the condemning authority, except with regard to (y) items occurring prior to the taking and (z) provisions of . If this Lease thatis not terminated, by their express terms, survive Base Rent and Tenant’s Share shall be appropriately adjusted to account for any reduction in the expiration or earlier termination hereof. 22.2. In the event of a partial taking square footage of the Premises Building or Premises. All compensation awarded for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking Taking shall be the property of Landlord. 22.4. IfThe right to receive compensation or proceeds is expressly waived by Tenant, upon any taking provided, however, Tenant may file a separate claim for Tenant’s personal property and Tenant’s reasonable relocation expenses, provided the filing of such claim does not diminish the amount of Landlord’s award. If only a part of the nature described in this Section, Premises is subject to a Taking and this Lease continues in effectis not terminated, then Landlord shall promptly proceed to Landlord, with reasonable diligence, will restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any remaining portion of the Premises no longer available as nearly as practicable to Tenant. 22.5the condition immediately prior to the Taking. This Tenant hereby waives any and all rights it might otherwise have pursuant to Section 22 sets forth 1265.130 of the terms and conditions upon which this Lease may terminate in the event California Code of any damage or destruction. AccordinglyCivil Procedure, the parties hereby waive the provisions of any Applicable Laws (and any similar or successor statutes) permitting the parties to terminate this Lease as a result of any damage or destructionLaws.

Appears in 2 contracts

Sources: Office Lease Agreement (On24 Inc), Office Lease Agreement (Velti PLC)

Eminent Domain. 22.1. In If at any time during the event (a) term of this Lease the whole of the entire Premises or (b) such any part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by as a result of the exercise of the right power of appropriationeminent domain or by an agreement in lieu thereof, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective shall terminate as to the part so taken as of the date possession is required to be surrendered to such taken by the condemning authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration . If all or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any substantial portion of the Premises occupied by Tenant was so shall be taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease thatat its option, by their express terms, survive the expiration or earlier termination hereof) as giving Tenant written notice of such taking if termination within thirty (30) days of such taking is, in Landlord’s sole opinion, taking. If all or a Portion of a material nature such as to make it uneconomical to continue the Premises taken are so substantial that Tenant's use of the unappropriated portion for purposes Premises is substantially impaired, Tenant may terminate this Lease at its option, but giving landlord written notice of renting space for such termination within thirty (30) days of such taking. If neither party terminates this Lease pursuant this Article, this Lease shall remain in full force and effect, except that the Permitted Use. 22.3rent payable by Tenant hereunder shall be reduced in the proportion that the area of the Premises so taken bears to the total Premises. Tenant Landlord shall be entitled to and Tenant hereby assigns to Landlord the entire amount of any award that is specifically awarded as compensation for (a) in connection with such taking. Nothing in this Article shall give Landlord any interest in or preclude Tenant from seeking, on its own account, any award attributable to the taking of personal property or trade fixtures belonging to Tenant, or for the interruption of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlordbusiness. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (A-Z South State Corp)

Eminent Domain. 22.1. 23.1 In the event (a) the whole of the Premises or (b) such part the Building or any portion thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as upon the earlier of sixty (60) days after notice of such taking or the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. 23.2 In the event of a partial taking of the Premises or the Building for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, then Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, is of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space portions for the Permitted Usepurposes for which they were intended, and Tenant may elect to terminate this Lease if such taking is of material detriment to, and substantially interferes with, Tenant’s use and occupancy of the Premises. In no event shall this Lease be terminated when such a partial taking does not have a material adverse effect upon Landlord or Tenant or both. Termination by either party pursuant to this section shall be effective upon the earlier of sixty (60) days after notice of such partial taking or as of the date possession is required to be surrendered to said authority. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, 23.3 If upon any taking of the nature described in this Section, Article 23 this Lease continues in effect, then Landlord shall promptly proceed to restore the remaining portion of the Premises and the Building to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Basic Annual Rent shall be decreased abated proportionately to reflect on the loss basis of any portion the rental value of the Premises no longer available as restored after such taking compared to Tenantthe rental value of the Premises prior to such taking. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Lease (Biocept Inc), Lease (Biocept Inc)

Eminent Domain. 22.1. In the event (a) If the whole or a material portion of the Premises (or (b) such part thereof as shall substantially interfere with Tenant's use and or occupancy of the Premises for the Permitted Use Premises) shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), or if the owner elects to convey title to the condemnor by a deed in lieu of condemnation, or if all or any lawful power or authority by exercise portion of the right of appropriationLand or Building are so taken, condemnation condemned or eminent domainconveyed and as a result thereof, or sold to prevent such takingin Landlord’s reasonable but sole judgment, Tenant or Landlord may terminate the Premises cannot be used for Tenant’s Permitted Use as set forth herein, then this Lease effective shall cease and terminate as of the date possession is required to when title vests in such governmental or quasi-governmental authority and Fixed Rent and Additional Rent shall be surrendered to abated on the date when such title vests in such governmental or quasi-governmental authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of If less than a partial taking material portion of the Premises is taken or condemned by any governmental or quasi-governmental authority for any public or quasi-public use or purpose by (including sale under threat of such a taking), Landlord shall promptly restore the remaining portion of the Premises to an architecturally and functionally complete unit, and Fixed Rent and Tenant’s Proportionate Share shall be equitably adjusted (on the basis of the number of square feet before and after such event) on the date when title vests in such governmental or quasi-governmental authority and this Lease shall otherwise continue in full force and effect. In any lawful power or authority by exercise of right of appropriationcase, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether Tenant shall have no claim against Landlord for any portion of the Premises occupied by Tenant was so taken, Landlord amount that may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease damages as a result of any damage governmental or destructionquasi-governmental taking or condemnation (or sale under threat or such taking or condemnation); and all rights of Tenant to damages therefor are hereby assigned by Tenant to Landlord. The foregoing shall not, however, deprive Tenant of any separate award for moving expenses, dislocation damages, value of furnishing and trade fixtures, or for any other award which would not reduce the award payable to Landlord.

Appears in 2 contracts

Sources: Lease Agreement (Spero Therapeutics, Inc.), Lease Agreement (Spero Therapeutics, Inc.)

Eminent Domain. 22.1. In the event (a) the whole of the Premises or (b) such part thereof as shall substantially interfere with Tenant's ’s use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's ’s personal property or trade fixtures that was were purchased or installed at Tenant's expense ’s expense, including without limitation, any crops or inventory at the Property and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Lease Agreement (Innovative Industrial Properties Inc), Lease Agreement (Innovative Industrial Properties Inc)

Eminent Domain. 22.1. In the event (a) If the whole or any portion of the Premises Premises, Building or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use parking areas shall be taken or condemned by any competent authority for any public or quasi-public use or purpose by any lawful power or authority by exercise and such taking substantially thwarts the intended use of the right of appropriationfacility by Tenant, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective shall cease and terminate as of the date possession is required to be surrendered to such on which title shall vest thereby in that authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of (b) If a partial taking portion of the Premises shall be taken or condemned by any competent authority for any public or quasi-public use or purpose by any lawful power or authority by exercise of right of appropriation, condemnationand such taking does not negatively affect the ingress and egress to the Premises, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of substantially thwart the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue intended use of the unappropriated portion for purposes of renting space for facility by Tenant, as reasonably determined by Tenant, this Lease and the Permitted Use. 22.3. terms hereof shall not cease or terminate, but the Rent payable after the date on which Tenant shall be entitled required to any award that is specifically awarded as compensation for (a) the taking surrender possession of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking portion shall be reduced in proportion to the property of Landlorddecreased use suffered by Tenant as the parties may agree or as shall be determined by arbitration. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in (c) In the event of any damage taking or destruction. Accordinglycondemnation in whole or in part, the parties hereby waive entire resulting award of damages shall belong to Landlord without any deduction therefrom for the provisions value of any Applicable Laws (and any successor statutes) permitting the parties to terminate unexpired term of this Lease as a result of or for any damage other estate or destructioninterest in the Premises now or later vested in Tenant Tenant assigns to Landlord all its right, title, and interest in any and all such awards, except any award for the Tenant’s business damages. Tenant shall not be prohibited from pursuing its own action for business damages against the condemning authority. Landlord shall not be responsible to the Tenant for any damages caused by the taking.

Appears in 2 contracts

Sources: Lease Agreement (Trulieve Cannabis Corp.), Lease Agreement (Trulieve Cannabis Corp.)

Eminent Domain. 22.120.1. In If at any time during the event (a) the whole term of this Lease or any renewal, a portion of the Demised Premises or (b) such part thereof the Building and the Land of which the Demised Premises are a part, as shall substantially interfere with would render Tenant's ’s use and occupancy unprofitable or impractical, is taken or appropriated by virtue of the Premises for the Permitted Use shall be taken eminent domain, or other similar proceedings, or condemned for any public or quasi-public purpose by any lawful power or authority by exercise use, Tenant will have the right and privilege of terminating this Lease, termination to be effective upon the earlier of the taking of possession by or vesting of title to the Demised Premises in the condemning authority. Tenant will give notice of such termination as soon as practical but no later than ten (10) business days after it receives notice of the first to occur of: (a) the taking of possession by, or (b) vesting of title in the condemning authority. All of the Rent and other charges and payments reserved herein will be permanently abated from the time of such taking or appropriation. In the event of any taking pursuant to this paragraph 20, or a conveyance in lieu thereof, Tenant shall have no right or entitlement to any portion of appropriationany award given to Landlord. Tenant shall have the right to pursue its own rights and remedies from the condemning authority, condemnation but such right shall not interfere with, abridge the rights of, nor substantially reduce the award payable to Landlord. 20.2. In the event the entire Demised Premises is taken or appropriated by virtue of eminent domain, or sold to prevent such takingother similar proceedings, Tenant or Landlord may terminate is condemned for any public or quasi-public use, then this Lease effective as of will terminate on the date possession is required to be surrendered to such authority, except with regard to earlier of: (yi) items occurring prior to the taking and of possession by or (zii) provisions vesting of this Lease that, by their express terms, survive title in the expiration or earlier termination hereofcondemning authority. 22.220.3. In the event of a partial taking or appropriation of the Demised Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to Building and the taking and (b) provisions Land not resulting in a termination of this Lease thatLease, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall will be entitled to any award that an abatement of rent, immediately upon the taking, in such manner as is specifically awarded as compensation for (a) just and equitable. In the taking of Tenant's personal property that was installed at Tenant's expense event such amount cannot be agreed upon between the parties, the amount will be determined by arbitration in accordance with the rules and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking procedures of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to TenantAmerican Arbitration Association. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Lease (Targacept Inc), Lease Agreement (Targacept Inc)

Eminent Domain. 22.1. In 21.1 If the event (a) the whole Building, or a substantial part thereof, or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Common Areas, shall be lawfully taken or condemned (or conveyed under threat of such taking or condemnation) for any public or quasi-public purpose by any lawful power use or authority by exercise purpose, the Term of this Lease shall end upon, and not before, the date of the right taking of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective possession by the condemning authority. Current Rent shall be apportioned as of the date possession of termination. If any part of the Building, other than the Premises or not constituting a substantial part of the Premises, shall be so taken or condemned (or conveyed under threat of such taking or condemnation), or if the grade of any street adjacent to the Building is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to substantially remodel or restore the Building, which could not be surrendered accomplished without the total relocation of Tenant, Landlord shall have the right to such authority, except with regard to cancel this Lease upon not less than sixty (y60) items occurring days' notice prior to the taking date of cancellation designated in the notice. No money or other consideration shall be payable by Landlord to Tenant for the right of cancellation, and (z) provisions Tenant shall have no right to share in any condemnation award, or in any judgment for damages, or in any proceeds of any sale made under any threat of condemnation or taking. Nothing in this Section shall prevent Tenant from making and pursuing a claim against the condemning authority in its own right for termination of its leasehold interest, moving costs and other amounts to which Tenant may be entitled. If this Lease thatis not canceled, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking shall continue in full force and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately equitably abated in proportion to reflect any reduction in the loss of any portion size and utility of the Premises no longer available to TenantPremises. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Lease Agreement (Chaparral Network Storage Inc), Lease Agreement (Chaparral Network Storage Inc)

Eminent Domain. 22.1. In the event (a) the whole If all or any part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be is taken for any public or quasi-public purpose use by any lawful a governmental authority under the power of eminent domain or is conveyed to a governmental authority by exercise in lieu of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, and if the taking or conveyance causes the remaining part of the Premises to be untenantable and inadequate for use by Tenant or Landlord for the purpose for which they were leased, then Tenant, at its option and by giving notice within fifteen (15) days after the taking, may terminate this Lease effective as of the date possession Tenant is required to be surrendered to such authority, except with regard to (y) items occurring prior to surrender possession of the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2Premises. In the event of If a partial taking part of the Premises is taken or conveyed but the remaining part is tenantable and adequate for any public Tenant's use, then this Lease shall be terminated as to the part taken or quasi-public purpose by any lawful power conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole conveyed tenantable; and the Rent shall be reduced in proportion to prevent such taking, then, without regard to whether any portion the part of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to taken or conveyed. All compensation awarded for the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking conveyance shall be the property of Landlord without any deduction therefrom for any estate of Tenant, and Tenant hereby assigns to Landlord all its right, title and interest in and to the award. Tenant shall have the right, however, to recover from the governmental authority, but not from Landlord. 22.4. If, upon any taking such compensation as may be awarded to Tenant on account of the nature described in this Sectioninterruption of Tenant's business, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole moving and absolute discretion, the Rent shall be decreased proportionately to reflect the loss relocation expenses; and removal of any portion of the Premises no longer available to Tenant's trade fixtures and personal property. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Sublease (Marvell Technology Group LTD), Lease (Pc Tel Inc)

Eminent Domain. 22.1. In Except as hereinafter provided, if the event (a) the whole of the Premises Premises, or (b) such part portion thereof as shall substantially interfere with Tenant's use and to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for continued occupancy of the Premises for the Permitted Use purposes contemplated under this Lease, shall be taken for any public by condemnation or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, and the Landlord and the Tenant or Landlord may terminate this Lease effective as of shall each have the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior by notice to the taking and other of its desire to do so, provided that such notice is given not later than thirty (b30) provisions days after receipt by the Tenant of this Lease that, by their express terms, survive notice of the expiration or earlier termination hereof) as effective date of such taking if such taking istaking. If so much of the Building shall be so taken that the Landlord reasonably determines, in Landlord’s sole opiniongood faith, of that it would be necessary to substantially alter the Building so that a material nature rebuilt Building will not be substantially similar to the Building before such as to make it uneconomical to continue use of taking, the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore have the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties right to terminate this Lease by giving notice to the Tenant of the Landlord’s desire to do so not later than thirty (30) days after the effective date of such taking. Should any part of the Premises be so taken or condemned during the Term, and should this Lease be not terminated in accordance with the foregoing provisions, the Landlord agrees to use reasonable efforts to put what may remain of the Premises into proper condition for use and occupation as a result nearly like the condition of the Premises prior to such taking as shall be practicable, subject, however, to applicable laws and codes then in existence. The Landlord shall have no obligation to expend in the aforesaid restoration more than the proceeds of any damage award received in any condemnation or destructioneminent domain proceeding, or any sum paid in lieu thereof.

Appears in 2 contracts

Sources: Sublease Agreement (Aveo Pharmaceuticals Inc), Sublease Agreement (Immunogen Inc)

Eminent Domain. 22.1. 23.1 In the event (a) the whole of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Project shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. 23.2 In the event of a partial taking of the Premises Project for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, then Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, is of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space portions for the Permitted Usepurposes for which they were intended, and Tenant may elect to terminate this Lease if such taking is of material detriment to, and substantially interferes with, Tenant’s use and occupancy of the Premises. In no event shall this Lease be terminated when such a partial taking does not have a material adverse effect upon Landlord or Tenant or both. Termination by either party pursuant to this section shall be effective as of the date possession is required to be surrendered to said authority. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, 23.3 If upon any taking of the nature described in this Section, Article 23 this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises remaining portion of the Project, including all improvements and fixtures located in the Premises, to substantially their same condition prior to such partial taking; provided, however, Landlord’s obligation hereunder shall be limited to the amount of the condemnation proceeds. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Basic Annual Rent shall be decreased abated proportionately to reflect on the loss of any portion basis of the square feet of the Rentable Area of the Project or Premises no longer available to Tenanttaken. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Lease (Genelux Corp), Lease (Genelux Corp)

Eminent Domain. 22.1. In the event If more than twenty-five (a25%) the whole per cent of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for or appropriated by any public or quasi-public purpose by any lawful authority under the power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold either party hereto shall have the right, at its option, to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required Lease, and Landlord shall be entitled to any and all income, rent, award, or any interest therein whatsoever which may be surrendered to paid or made in connection with such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by use or purpose, and Tenant shall have no claim against Landlord for the value of any lawful power unexpired term of this Lease. If either less than or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion more than twenty-five (25%) per cent of the Premises occupied by Tenant was is taken and neither party elects to terminate as herein provided, the rental thereafter to be paid shall be equitably reduced based upon the proportion of the Premises taken. If more than fifty percent (50%) of the Building other than the Premises may be so takentaken or appropriated, Landlord may elect shall have the right at its option to terminate this Lease (except with regard to (a) items occurring prior and shall be entitled to the entire award as above provided. Notwithstanding any of the foregoing in the event that any taking under the power of eminent domain shall affect the Premises in such a manner that, in Tenant's reasonable opinion, such damage materially and (b) provisions adversely interferes with the conduct of Tenant's business, Tenant shall have the right to terminate this Lease thatupon written notice thereof to Landlord. Notwithstanding the foregoing, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to that portion of any award that which is specifically awarded as compensation separately stated which compensates Tenant for (a) the taking of Tenant's personal property that was installed at Tenant's expense relocation expenses and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenantfixtures, equipment and personal property. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Lease (Quokka Sports Inc), Lease (Quokka Sports Inc)

Eminent Domain. 22.1. In the event (a) the whole If less than substantially all of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power purposes, having a material impact on Tenant's operations, Tenant will promptly, at its sole cost and expense, restore, repair, replace or authority by exercise of rebuild the right of appropriationimprovements so taken as nearly as practicable to the condition, condemnation or eminent domain, or sold quality and class thereof immediately prior to prevent such taking, or with such changes or alterations as Tenant or Landlord may terminate shall elect to make in conformity with Paragraph 23 of this Lease effective as Lease. In performing its obligations, Tenant shall be entitled to condemnation proceeds under the same terms and conditions set forth for casualty proceeds in Paragraph 11 hereof. Any condemnation proceeds in excess of the date possession is required amount claimed by any lender of Landlord, and such amounts as are made available to Tenant for restoration or repair of the Premises, shall be surrendered the sole and exclusive property of Landlord. Tenant shall have the right to such authorityparticipate in condemnation proceedings with Landlord, except with regard and shall be entitled to (y) items occurring prior to receive any separate award made by the taking and (z) provisions condemning authority in respect of this Lease that, by their express terms, survive the expiration business interruption or earlier termination hereofbusiness relocations. 22.2. In (b) If the event Landlord is entitled to condemnation proceeds as describing the next to last sentence of Paragraph 13(a), each installment of Fixed Rent thereafter payable hereunder shall be reduced by a partial taking fraction thereof, the numerator of which shall be the proceeds retained by Landlord and the denominator of which shall be the Purchase Price specified in the Basic Lease Information. (c) If all or substantially all of the Premises shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise purposes, then the provisions of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions Paragraph 14 of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Useshall apply. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Lease Agreement (Caterair International Inc /Ii/), Lease Agreement (Caterair International Inc /Ii/)

Eminent Domain. 22.1. In the event If (a1) the whole or a material portion of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), or (2) if the owner elects to convey title to the condemnor by a deed in lieu of condemnation, or (3) if all or any lawful power or authority by exercise portion of the right of appropriationProperty are so taken, condemnation condemned or eminent domainconveyed and as a result thereof, or sold to prevent such takingin Landlord’s reasonable judgment, Tenant or Landlord may terminate the Premises are rendered untenantable for the Permitted Use, then this Lease effective shall cease and terminate as of the earlier of the date possession as of which Tenant is required to vacate the Premises or the date when title vests in such governmental or quasi-governmental authority and Base Rent, and charges on account of Taxes and Operating Expenses, shall be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions abated as of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2that date. In the event of If less than a partial taking material portion of the Premises shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose by (including sale under threat of such a taking), then this Lease shall continue in full force and effect; provided, however, that Base Rent, and charges on account of Taxes and Operating Expenses, shall be equitably abated on the date when such title vests in such governmental or quasi-governmental authority. In any lawful power or authority by exercise of right of appropriationcase, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether Tenant shall have no claim against Landlord for any portion of the Premises occupied amount that may be awarded as damages as a result of any governmental or quasi-governmental taking or condemnation (or sale under threat or such taking or condemnation); and all rights of Tenant to damages therefor are hereby assigned by Tenant was so takento Landlord. The foregoing shall not, however, deprive Tenant of any separate award for Tenant’s personal property, moving expenses, dislocation damages or for any other award which would not reduce the award payable to Landlord may elect to terminate this Lease and Landlord’s mortgagee (except with regard to (a) items occurring prior to if any). As used herein, “material portion of the taking and (b) provisions of this Lease Premises” shall mean such amount that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinionreasonable judgment, of a material nature such as to make it uneconomical to continue use would render more than fifty percent of the unappropriated portion for purposes of renting space Premises untenantable for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Sublease (Larimar Therapeutics, Inc.), Office Lease Agreement (Zafgen, Inc.)

Eminent Domain. 22.1. In the event (a) If the whole or a material portion of the Premises (or (b) such part thereof as shall substantially interfere with Tenant's use and or occupancy of the Premises for the Permitted Use Premises) shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), or if the owner elects to convey title to the condemnor by a deed in lieu of condemnation, or if all or any lawful power or authority by exercise portion of the right of appropriationLand or Building are so taken, condemnation condemned or eminent domainconveyed and as a result thereof, or sold to prevent such takingin Landlord’s judgment, Tenant or Landlord may terminate the Premises cannot be used for Tenant’s permitted use as set forth herein, then this Lease effective shall cease and terminate as of the date possession is required to when title vests in such governmental or quasi-governmental authority and the Fixed Rent and Additional Rent shall be surrendered to abated on the date when such title vests in such governmental or quasi-governmental authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of If less than a partial taking material portion of the Premises is taken or condemned by any governmental or quasi-governmental authority for any public or quasi-public use or purpose by (including sale under threat of such a taking), the Fixed Rent and Tenant’s proportionate share shall be equitably adjusted (on the basis of the number of square feet before and after such event) on the date when title vests in such governmental or quasi-governmental authority and this Lease shall otherwise continue in full force and effect. In any lawful power or authority by exercise of right of appropriationcase, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether Tenant shall have no claim against Landlord for any portion of the Premises occupied by Tenant was so taken, Landlord amount that may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease damages as a result of any damage governmental or destructionquasi-governmental taking or condemnation (or sale under threat or such taking or condemnation); and all rights of Tenant to damages therefor are hereby assigned by Tenant to Landlord. The foregoing shall not, however, deprive Tenant of any separate award for moving expenses, dislocation damages or for any other award which would not reduce the award payable to Landlord.

Appears in 2 contracts

Sources: Lease Agreement (Histogenics Corp), Lease Agreement (Histogenics Corp)

Eminent Domain. 22.1. In the event (a) If the whole or any part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose use by any lawful a governmental authority under the power of eminent domain or shall be conveyed to a governmental authority by exercise in lieu of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, and if such taking or conveyance shall cause the remaining part of the Premises to be untenantable and inadequate for use by Tenant or Landlord may for the purpose for which they were leased, then Tenant may, at its option, terminate this Lease effective as of the date possession Tenant is required to be surrendered to such authority, except with regard to (y) items occurring prior to surrender possession of the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2Premises. In the event of If a partial taking part of the Premises shall be taken or conveyed but the remaining part is tenantable and adequate for any public Tenant’s use, then this Lease shall be terminated as to the part taken or quasi-public purpose by any lawful power conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole conveyed tenantable; and the rent shall be reduced in proportion to prevent such taking, then, without regard to whether any portion the part of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration taken or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3conveyed. Tenant shall be entitled to any award that is specifically All compensation awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking or conveyance shall be the property of Landlord without any deduction therefrom for any present or future estate of Tenant, and Tenant hereby assigns to Landlord all its right, title and interest in and to any such award. However, ▇▇▇▇▇▇ shall have the right to recover from the governmental authority, but not from Landlord. 22.4. If, upon any taking such compensation as may be awarded to Tenant on account of the nature described in this Sectioninterruption of Tenant’s business, this Lease continues in effectmoving and relocation expenses and depreciation to and removal of ▇▇▇▇▇▇’s trade fixtures and personal property, then Landlord shall promptly proceed to restore so long as such award does not reduce the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to TenantLandlord’s award. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Office Lease (MBX Biosciences, Inc.), Office Lease (MBX Biosciences, Inc.)

Eminent Domain. 22.1. In the event (a) the whole of the Premises Premises, Building or (b) Property, or such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use occupation thereof, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or is sold in lieu of or to prevent such taking, Tenant or Landlord may either party shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to such said authority. Except as provided below, except with regard to (y) items occurring prior to Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking, and (z) provisions Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant in the Premises. Nothing contained in this Lease that, by their express terms, survive Section 12.01 shall be deemed to give Landlord any interest in any separate award made to Tenant for the expiration taking of personal property and fixtures belonging to Tenant or earlier termination hereof. 22.2for Tenant's moving expenses. In the event the amount of a partial taking property or the type of estate taken shall not substantially interfere with the Premises for any public or quasi-public purpose by any lawful power or authority by exercise conduct of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so takenTenant's business, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to the entire amount of the award without deduction for any award that is specifically awarded as compensation for (a) the taking estate or interest of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises Building to substantially their same condition prior to such partial taking. To taking less the extent portion thereof lost in such restoration is infeasiblecondemnation, as determined by Landlord in its sole and absolute discretion, the Base Rent shall be decreased proportionately to reflect reduced by the loss of any time during which, and the portion of the Premises no longer available to Tenantwhich, Tenant shall have been deprived of possession on account of said taking and restoration. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Lease (Eden Bioscience Corp), Lease Agreement (Data Critical Corp)

Eminent Domain. 22.1. In If the event (a) the whole Building, or a substantial part thereof or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Premises, shall be lawfully taken or condemned or conveyed in lieu thereof, (or conveyed under threat of such taking or condemnation), for any public or quasi-public purpose use or purpose, the term of this Lease shall end upon and not before the date of the taking of possession by the condemning authority and without apportionment of the award. Tenant hereby assigns to Landlord ▇▇▇▇▇▇'s interest, if any, in such award and specifically agrees that any lawful power or authority by exercise such award shall be the entire property of Landlord in which Tenant shall not be entitled to share. Tenant further waives any right to challenge the right of appropriation, condemnation or eminent domain, or sold the condemning authority to prevent proceed with such taking, Tenant or Landlord may terminate this Lease effective . Current rent shall be apportioned as of the date possession of such termination. If any part of the Building other than the Premises or not constituting a substantial part of the Premises, shall be so taken or condemned (or conveyed under threat of such taking or condemnation), or if the grade of any street adjacent to the Building is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to be surrendered substantially remodel or restore the Building, Landlord shall have the right to such authority, except with regard to cancel this Lease upon not less than ninety (y90) items occurring days notice prior to the taking and (z) provisions date of this Lease that, cancellation designated in the notice. No money or other consideration shall be payable by their express terms, survive Landlord to Tenant for the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriationcancellation, condemnation, and Tenant shall have no right to share in any condemnation award or eminent domain, in any judgment for damages or sole to prevent such in any proceeds of any sale made under any threat of condemnation or taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled have the right to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any separately pursue its own award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate relocation expenses in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destructionsuch condemnation proceedings.

Appears in 2 contracts

Sources: Lease Agreement (Alliance Data Systems Corp), Lease Agreement (Improvenet Inc)

Eminent Domain. 22.1. In the event (a) If the whole of the Lease Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken or condemned in any eminent domain, condemnation, compulsory acquisition or like proceeding by any competent authority, this Lease Agreement shall terminate as of the date of such taking or condemnation. The LESSOR shall refund to the LESSEE the Security Deposit, less any amount that may be properly deducted therefrom in accordance with the terms of this Lease Agreement. If only part of the Leased Premises or the RCBC Plaza Tenancy Areas shall be taken or condemned in any eminent domain, condemnation, compulsory acquisition or like proceeding, by any competent authority for any public or quasi-public purpose by any lawful power use or authority by exercise purpose, then this Lease Agreement shall continue to be effective, subject to the proportionate reduction of the Rent due. In either of the foregoing events, the LESSEE shall not have any right or claim to any part of appropriation, condemnation the compensation or eminent domain, award granted or sold to prevent be granted to the LESSOR as consideration for such taking. However, Tenant or Landlord may terminate this Lease effective as provided that the compensation to be received by the LESSOR shall not be reduced thereby, nothing contained herein shall preciude the LESSEE from claiming, proving and receiving from the condemning authority a separate award for the value of any of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to LESSEE's property taken by the taking and (z) provisions of this Lease that, by their express terms, survive condemning authority which the expiration or earlier termination hereofLESSEE could have rightfully removed from the Leased Premises hereunder. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Access Worldwide Communications Inc)

Eminent Domain. 22.1. In the event (a) If the whole of the Premises (or (bif less than all, but, in the reasonable judgment of Tenant, the remaining portion cannot be feasibly operated as then used or intended to be used) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose use under any statute or by any lawful power or authority by exercise of the right of appropriationeminent domain or by private purchase in lieu thereof, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate then this Lease effective shall automatically terminate as of the date that possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereofhas been taken. 22.2. (b) In the event of a partial taking or condemnation which takes less than all of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriationand the Lease is not terminated as set forth in Section 22(a) above, condemnationthen Tenant, or eminent domainsubject to the exceptions provided below, or sole shall promptly restore the Premises to prevent such takingan architectural whole, thenand this Lease shall continue in full force and effect; provided, without regard however, that the Base Rent shall thereafter be decreased in proportion to whether any portion the amount of the Premises occupied taken. (c) Landlord and Tenant each covenant and agree to seek separate awards in any condemnation proceedings and to use their respective best efforts to see that such separate awards are made at all stages of all proceedings. If the order or decree in any condemnation or similar proceeding shall fail to separately state the amount to be awarded to Landlord and Tenant by way of compensation, damages, rent, the costs of demolition, removal or restoration, or otherwise, then the award should be divided as follows: (i) First, to the payment of all demolition and construction costs associated with restoration if the improvements are to be restored by Tenant was so taken, and/or all costs of removal of rubble and debris if Tenant is obligated to remove the same; and then (ii) The remaining proceeds shall be applied as follows: (1) Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to shall receive the taking fair market value of the Land; and (b2) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlordall remaining proceeds. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 2 contracts

Sources: Ground Lease Agreement (Campus Crest Communities, Inc.), Ground Lease Agreement (Campus Crest Communities, Inc.)

Eminent Domain. 22.1. In the event (a) If the whole or more than fifty percent (50%) of the Demised Premises (or (b) such part thereof as shall substantially interfere with Tenant's use and or occupancy of the Premises for the Permitted Use Demised Premises) shall be taken or condemned by any governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), or if the owner elects to convey title to the condemnor by a deed in lieu of condemnation, or if all or any lawful power or authority by exercise portion of the right of appropriationLand or Building are so taken, condemnation condemned or eminent domainconveyed and as a result thereof, or sold to prevent such takingin Landlord's reasonable judgment, Tenant or Landlord may terminate the Demised Premises cannot be used for Tenant's permitted use as set forth herein, then this Lease effective shall cease and terminate as of the date possession is required to when title vests in such governmental or quasi-governmental authority and the Fixed Rent and Additional Rent shall be surrendered to abated on the date when such title vests in such governmental or quasi-governmental authority, except with regard to . If less than fifty percent (y50%) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Demised Premises is taken or condemned by any governmental or quasi-governmental authority for any public or quasi-public use or purpose by (including sale under threat of such a taking), the Fixed Rent and Tenant's proportionate share shall be equitably adjusted (on the basis of the number of square feet before and after such event) on the date when title vests in such governmental or quasi-governmental authority and the Lease shall otherwise continue in full force and effect. In any lawful power or authority by exercise of right of appropriationcase, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether Tenant shall have no claim against Landlord for any portion of the Premises occupied by Tenant was so taken, Landlord amount that may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease damages as a result of any damage governmental or destructionquasi-governmental taking or condemnation (or sale under threat of such taking or condemnation); and all rights of Tenant to damages therefor are hereby assigned by Tenant to Landlord. The foregoing shall not, however, deprive Tenant of any separate award for moving expenses, dislocation damages or for any other award which would not reduce the award payable to Landlord.

Appears in 1 contract

Sources: Lease Agreement (Immunicon Corp)

Eminent Domain. 22.1. In case the event (a) the whole of the Premises Premises, Building, land or (b) Common Areas, or such part thereof of any thereof, as shall substantially interfere with the Tenant's use and occupancy of the Premises for the Permitted Use Premises, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as shall terminate on the earlier of the date of such sale or the date possession is required to be surrendered to said authority. Tenant shall not, because of such taking, assert any claim against the Landlord, or the taking authority, except with regard for any compensation because of such taking of any interest in this Lease, the land, Building, Premises or Common Areas and Landlord shall be entitled to (y) items occurring prior to receive the taking and (z) provisions entire amount of this Lease that, by their express terms, survive the expiration any award without deduction for any estate or earlier termination hereof. 22.2interest of Tenant. In the event the amount of a partial taking property or the type of estate taken shall not substantially interfere with the Premises for any public or quasi-public purpose by any lawful power or authority by exercise conduct of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so takenTenan▇'▇ ▇▇siness, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to the entire amount of the award, without deduction for any award that is specifically awarded as compensation for (a) the taking estate or interest of Tenant's personal property that was installed , and Landlord, at Tenant's expense and (b) the costs of Tenant moving to a new locationits option, may terminate this Lease. Except as set forth in the previous sentenceIf Landlord does not so elect, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their its same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent a proportionate allowance shall be decreased proportionately made to reflect Tenant for the loss of any portion rent corresponding to the time during which, and to the part of the Premises no longer available of which, Tenant shall be so deprived on account of such taking and restoration Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, unless Tenant shall be entitled to any compensation, separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's Property. Nothing contained in this Article shall be deemed to give Landlord an interest in any award made to Tenant for the taking of personal property belonging to Tenan▇. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Valuation and Qualifying Accounts (Syncor International Corp /De/)

Eminent Domain. 22.1. In the event (a) If the whole or any part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose use by any lawful a governmental authority under the power of eminent domain or shall be conveyed to a governmental authority by exercise in lieu of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, and if such taking or conveyance shall cause the remaining part of the Premises to be untenantable and inadequate for use by Tenant or Landlord may for the purpose for which they were leased, then Tenant may, at its option, terminate this Lease effective as of the date possession Tenant is required to be surrendered to such authority, except with regard to (y) items occurring prior to surrender possession of the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2Premises. In the event of If a partial taking part of the Premises shall be taken or conveyed but the remaining part is tenantable and adequate for any public Tenant’s use, then this Lease shall be terminated as to the part taken or quasi-public purpose by any lawful power conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole conveyed tenantable; and the rent shall be reduced in proportion to prevent such taking, then, without regard to whether any portion the part of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration taken or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3conveyed. Tenant shall be entitled to any award that is specifically All compensation awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking or conveyance shall be the property of Landlord without any deduction therefrom for any present or future estate of Tenant, and Tenant hereby assigns to Landlord all its right, title and interest in and to any such award. However, Tenant shall have the right to recover from the governmental authority, but not from Landlord. 22.4. If, upon any taking such compensation as may be awarded to Tenant on account of the nature described in this Sectioninterruption of Tenant’s business, this Lease continues in effect, then Landlord shall promptly proceed moving and relocation expenses and depreciation to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss removal of any portion of the Premises no longer available to Tenant’s trade fixtures and personal property. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Vital Images Inc)

Eminent Domain. 22.1. In 21.01 If the event (a) the whole Building, or a substantial part thereof, or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Premises, shall be lawfully taken or condemned (or conveyed under threat of such taking or condemnation) for any public or quasi-public purpose by any lawful power use or authority by exercise purpose, the Term of this Lease shall end upon, and not before, the date of the right taking of appropriationpossession by the condemning authority. Tenant hereby assigns to Landlord Tenant’s interest if any, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective in the award. Current Rent shall be apportioned as of the date possession of termination. If any part of the Building, other than the Premises or not constituting a substantial part of the Premises, shall be so taken or condemned (or conveyed under threat of such taking or condemnation), or if the grade of any street adjacent to the Building is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to be surrendered substantially remodel or restore the Building, Landlord shall have the right to such authority, except with regard to cancel this Lease upon not less than sixty (y60) items occurring days’ notice prior to the taking date of cancellation designated in the notice. No money or other consideration shall be payable by Landlord to Tenant for the right of cancellation, and (z) provisions Tenant shall have no right to share in any condemnation award, or in any judgment for damages, or in any proceeds of any sale made under any threat of condemnation of taking. Nothing in this Section shall prevent Tenant from making and pursuing a claim against the condemning authority in its own right for termination of its leasehold interest. If this Lease thatis not canceled, by their express termsthe Lease shall continue in full force and effect, survive the expiration with abatement or earlier termination hereof. 22.2. In the event reduction of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior Rent equal to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Userentable square footage affected. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Inverness Medical Innovations Inc)

Eminent Domain. 22.1. In the event (a) the whole If all or any part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by as a result of the exercise of the right power of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective shall terminate as to the part so taken as of the date possession is required of taking. In the case of a partial taking of greater than fifty percent (50%) of the rentable area of the Premises, either Landlord or Tenant shall have the right to be surrendered to such authority, except with regard to (y) items occurring prior terminate this Lease as to the taking and balance of the Premises by notice to the other within thirty (z30) provisions days after the date of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2taking. In the event of a partial taking of the Premises which does not result in a termination of this Lease, the monthly Base Rent thereafter to be paid shall be equitably reduced on a square footage basis. If the continued occupancy of Tenant is materially interfered with for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such time during the partial taking, then, without regard to whether any portion of notwithstanding the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the partial taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to does not terminate this Lease as to the part not so taken, the Base Rent shall proportionately ▇▇▇▇▇ so long as Tenant is not able to continuously occupy the part remaining and not so taken. (b) All compensation awarded or paid upon a total or partial taking of the fee title shall belong to Landlord whether such compensation be awarded or paid as compensation for diminution in value of the leasehold or of the fee except: Tenant shall retain and have a claim for the following, to the extent specifically designated by the condemning authority: (i) the unamortized value over the Term of Tenant's leasehold improvements (to the extent Landlord has not contributed to the cost thereof); (ii) that portion (if any) of the award made to Landlord as a result of any damage or destruction.removing fixtures, removable by

Appears in 1 contract

Sources: Sublease Agreement (Cerent Corp)

Eminent Domain. 22.1. In If the event (a) the whole Premises, or a substantial part thereof or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Property, shall be lawfully taken or condemned or conveyed in lieu thereof, (or conveyed under threat of such taking or condemnation), for any public or quasi-public purpose use or purpose, the term of this Lease shall end upon and not before the date of the taking of possession by the condemning authority and without apportionment of the award. Tenant hereby assigns to Landlord ▇▇▇▇▇▇'s interest, if any, in such award and specifically agrees that any lawful power or authority by exercise such award shall be the entire property of Landlord in which Tenant shall not be entitled to share. Tenant further waives any right to challenge the right of appropriation, condemnation or eminent domain, or sold the condemning authority to prevent proceed with such taking, Tenant or Landlord may terminate this Lease effective . Current rent shall be apportioned as of the date possession of such termination. If any part of the Property other than the Premises or not constituting a substantial part of the Premises, shall be so taken or condemned (or conveyed under threat of such taking or condemnation), or if the grade of any street adjacent to the Premises is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to be surrendered substantially remodel or restore the Premises, Landlord shall have the right to such authority, except with regard to cancel this Lease upon not less than ninety (y90) items occurring days notice prior to the taking and (z) provisions date of this Lease that, cancellation designated in the notice. No money or other consideration shall be payable by their express terms, survive Landlord to Tenant for the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriationcancellation, condemnation, and Tenant shall have no right to share in any condemnation award or eminent domain, in any judgment for damages or sole to prevent such in any proceeds of any sale made under any threat of condemnation or taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled have the right to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any separately pursue its own award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate relocation expenses in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destructionsuch condemnation proceedings.

Appears in 1 contract

Sources: Lease Agreement (Virtualsellers Com Inc)

Eminent Domain. 22.1. 23.1 In the event (a) the whole of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. 23.2 In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, then Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, is of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space portions for the Permitted Usepurposes for which they were intended, and Tenant may elect to terminate this Lease if such taking is of material detriment to, and substantially interferes with, Tenant's use and occupancy of the Premises, including but not limited to materially affecting Tenant's parking or Tenant's ingress and egress from the Premises, unless Landlord provides reasonable alternatives thereto. In no event shall this Lease be terminated when such a partial taking does not have a material adverse effect upon Landlord or Tenant or both. Termination by either party pursuant to this-Section shall be effective as of the date possession is required to be surrendered to said authority. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, 23.3 If upon any taking of the nature described in this Section, Article 23 this Lease continues in effect, then Landlord Tenant shall promptly proceed to restore the Premises remaining portion of the Premises, and all improvements and fixtures located thereon, to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Basic Annual Rent shall be decreased abated proportionately on the basis of the rental value of the Premises, including improvements and fixtures, as restored after such taking compared to reflect the loss of any portion rental value of the Premises no longer available prior to such taking. If the cost of restoration does not exceed Tea Thousand Dollars ($10,000), any award for the taking shall be paid directly to Tenant for the sole purpose of completing the restoration required pursuant to this Article 23. If the cost of restoration exceeds Ten Thousand Dollars ($10,000), the award shall be immediately deposited with an institutional lender or other entity ("Condemnation Trustee") designated by Landlord and approved by Tenant. 22.5, which approval shall not he unreasonably withheld, who shall agree to hold said proceeds in trust and to disburse said proceeds in accordance with the provisions of this Section. This Section 22 sets forth The Condemnation Trustee shall disburse amounts deposited with it to pay the cost of restoration, in installments as construction progresses, upon presentation of certificates executed by the architect or engineer retained by Tenant verifying the amount due, on terms and conditions approved by Landlord and Landlord's lenders prior to commencement of work. A ten percent (10%) retainage shall be reserved from payments due to the contractor, which retainage shall be paid upon completion of restoration, payment of all costs, expiration of all applicable liens, and delivery of evidence that the Premises are free from all mechanics' and materialmen's liens and lienable claims. Landlord, and Landlord's lenders if required by such lenders, shall have the right to approve requests for reimbursement prior to payment, which approval shall not be unreasonably withheld. Landlord shall have the right to engage an architect or engineer to review and approve requests for disbursement, and reasonable expenses incurred by such party shall be paid by the Condemnation Trustee out of the funds deposited with the Condemnation Trustee. All actual costs and charges of the Condemnation Trustee shall be paid out of the funds deposited. Each party shall promptly execute all documents and perform all acts reasonably required by the Condemnation Trustee to perform its obligations under this Section. If restoration is required pursuant to this Article, Tenant, using proceeds of the award, shall prepare final plans and specifications and working drawings for the work in compliance with all applicable laws. The plans and specifications and working drawings shall be subject to the approval of Landlord within thirty (30) days after receipt, which approval shall not be unreasonably withheld. Tenant shall submit the plans and specifications as soon as reasonably practicable, but in no event later than one hundred twenty (120) days after the taking, unless due to delays beyond Tenant's control. Subject to unavoidable delays, Tenant shall commence the restoration within thirty (30) days after issuance of all necessary permits and approvals and shall continue the work diligently to completion thereafter. The provisions of Article 17 shall apply to any restoration work under this Article as if the restoration was an alteration, addition or improvement under Article 17. 23.4 If upon any taking of the nature described in this Article 23 this Lease may terminate does not continue in effect, or in the event of final payment has been made to Tenant's contractor under the preceding Section 23.3 and the Condemnation Trustee holds additional funds from the award, any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (award shall be distributed to Landlord and any successor statutes) permitting the parties Tenant pro rata according to terminate this Lease as a result of any damage or destructiontheir interests taken.

Appears in 1 contract

Sources: Sublease Agreement (Affymetrix Inc)

Eminent Domain. 22.1. 23.1 In the event (a) the whole of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. 23.2 In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by then Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking isis of material detriment to, in Landlordand substantially interferes with, Tenant’s sole opinion, use and occupancy of the Premises. In no event shall this Lease be terminated when such a partial taking does not have a material nature such adverse effect upon Tenant. Termination by Tenant pursuant to this section shall be effective as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Usedate possession is required to be surrendered to said authority. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, 23.3 If upon any taking of the nature described in this Section, Article 23 this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises remaining portion of the Premises, and all improvements and fixtures located thereon, to substantially their same condition prior to such partial taking; provided, however, Landlord’s obligation hereunder shall be limited to the amount of the condemnation proceeds. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Basic Annual Rent shall be decreased abated proportionately on the basis of the rental value of the Premises, including improvements and fixtures, as restored after such taking compared to reflect the loss of any portion rental value of the Premises no longer available prior to Tenantsuch taking. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease (Icagen Inc)

Eminent Domain. 22.1. In the event 12.01 If ten percent (a10%) the whole or more of the Premises Improvements are condemned or taken in any manner (bincluding without limitation any conveyance in lieu thereof) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such takinguse, Tenant or Landlord may terminate this Lease effective as if it determines, in the exercise of its discretion, that the restoration or continued operation of the date possession Improvements would not be economic. If a portion of the Land (but not the Improvements) is required condemned or taken resulting in that the use of the Improvements is significantly and adversely affected thereby, then Tenant may terminate this Lease. Tenant shall notify Landlord of Tenant's election to be surrendered terminate the Lease as provided herein within sixty (60) days after being notified of such condemnation or taking. 12.02 If this Lease is not terminated following such a condemnation or taking, Tenant, as soon as reasonably practicable after such condemnation or taking and the determination and payment to Tenant of the award on account thereof, shall restore the Improvements to an architectural unit as nearly like its condition prior to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereofas shall be practicable. 22.2. In the event 12.03 The whole of a partial taking of the Premises any award or compensation for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so Improvements taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the condemned or conveyed in lieu of taking and (b) provisions of this Lease thator condemnation, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be solely the property of Landlord. 22.4. Ifand payable to Tenant, upon and the whole of any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of award or compensation for any portion of the Premises no longer available Land taken, condemned or conveyed in lieu of taking or condemnation, shall be solely the property of and payable to TenantLandlord. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Ground Lease (U S Plastic Lumber Corp)

Eminent Domain. 22.1. In the event (a) If the whole of the Premises, or portion of the Premises or (b) such part thereof as shall substantially interfere with TenantLessee's use and occupancy of the Premises, is taken under the power of eminent domain (including any conveyance made in lieu thereof) then either party shall have the right to terminate this Lease by giving written notice of such termination within 30 days after notice of such taking. If neither party elects to terminate this Lease, Lessor shall repair and restore the Premises for to the Permitted Use best possible tenantable condition and the Annual Rental shall be taken equitably reduced. All compensation awarded for any public taking or quasi-public purpose the proceeds of a private sale in lieu thereof shall be the property of Lessor, whether such award is for compensation for damages to the Lessor's or Lessee's interest in the Premises, and Lessee hereby assigns all of its interest in any such award to Lessor; provided, however, Lessor shall not have interest in any separate award made to Lessee for loss of business, moving expense or the taking of Lessee's trade fixtures or equipment if a separate award for such items are made to Lessee. (b) In the event a substantial portion, as reasonably determined by any lawful power or authority by exercise Lessor, of the right of appropriation, condemnation or Premises is so taken by eminent domain, or sold Lessor may, by written notice to prevent such takingLessee, Tenant or Landlord may terminate this Lease effective as within thirty (30) days after notice of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereoftaking. 22.2. (c) In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise which does not substantially interfere with Lessee's use and occupancy of right of appropriation, condemnationthe Premises, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion in the event other portions of the Premises occupied by Tenant was so taken, Landlord may elect are taken and Lessor elects not to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease thatLease, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord Lessor shall promptly proceed to restore the Premises (if affected) to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased abated proportionately to reflect the loss of any that portion of the Premises no longer available which is subject to Tenantsuch taking. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Aftermarket Technology Corp)

Eminent Domain. 22.1. 23.1 In the event (a) the whole of the Premises Premises, or (b) such part thereof as shall substantially interfere with the Tenant's ’s use and occupancy of the Premises for the Permitted Use thereof, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. 23.2 In the event of a partial taking of the Premises, or of drives, walkways or parking areas serving the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Useoffice or laboratory space. 22.3. 23.3 Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's ’s personal property that was installed at Tenant's ’s expense and (b) the costs of Tenant moving to a new locationlocation and (c) lost profits, goodwill, and leasehold improvements paid for by Tenant. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. 23.4 If, upon any taking of the nature described in this SectionSection 23, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasiblefeasible, as determined by Landlord in its sole and absolute reasonable discretion, the Rent shall be decreased proportionately to reflect by a number, the loss numerator of any portion which is the rental value of the Premises no longer available prior to Tenantsuch taking, and the denominator of which is the value of the Premises after such taking. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease (Zosano Pharma Corp)

Eminent Domain. 22.1. In the event (a) If the whole or a material portion of the Premises (or (b) such part thereof as shall substantially interfere with Tenant's use and or occupancy of the Premises for the Permitted Use Premises) or access thereto shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), or if the owner elects to convey title to the condemnor by a deed in lieu of condemnation, or if all or any lawful power or authority by exercise portion of the right of appropriationLand or Building are so taken, condemnation condemned or eminent domainconveyed and as a result thereof, or sold to prevent such takingin Landlord’s reasonable judgment, Tenant or Landlord may terminate the Premises cannot be used for Tenant’s permitted use as set forth herein, then this Lease effective shall cease and terminate as of the date possession is required to when title vests in such governmental or quasi-governmental authority and Fixed Rent and Additional Rent shall be surrendered to abated on the date when such title vests in such governmental or quasi-governmental authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of If less than a partial taking material portion of the Premises is taken or condemned by any governmental or quasi-governmental authority for any public or quasi-public use or purpose by (including sale under threat of such a taking), Fixed Rent and Tenant’s Proportionate Share shall be equitably adjusted (on the basis of the number of square feet before and after such event) on the date when title vests in such governmental or quasi-governmental authority and this Lease shall otherwise continue in full force and effect. In any lawful power or authority by exercise of right of appropriationcase, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether Tenant shall have no claim against Landlord for any portion of the Premises occupied by Tenant was so taken, Landlord amount that may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease damages as a result of any damage governmental or destructionquasi-governmental taking or condemnation (or sale under threat or such taking or condemnation); and all rights of Tenant to damages therefor are hereby assigned by Tenant to Landlord. The foregoing shall not, however, deprive Tenant of any separate award for moving expenses, dislocation damages or for any other award which would not reduce the award payable to Landlord.

Appears in 1 contract

Sources: Lease Agreement (Repligen Corp)

Eminent Domain. 22.1. In the event (a) If the whole or any substantial (as reasonably determined by Landlord) portion, of the Premises is taken or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken condemned for any public use or quasi-public purpose under any Law or by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to by private purchase in lieu thereof, and such taking would prevent such takingor materially interfere with Tenant’s then-current use of the Premises, Tenant or Landlord may terminate this Lease shall terminate effective as of the date possession Tenant is required to be surrendered relinquish Tenant’s right to occupy or to use all or any such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking substantial portion of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any Premises. If less than a substantial portion of the Premises occupied by Tenant was is so takentaken or condemned, Landlord may elect to terminate or if the taking or condemnation is temporary (regardless of the portion of the Premises affected), this Lease (except with regard to shall not terminate, but (a) items occurring prior Landlord, at Landlord’s sole cost and expense to the taking extent of any award actually received by Landlord, shall restore the Building to an architecturally whole unit, and (b) provisions the Rent payable hereunder shall be proportionally abated to the extent of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as any actual loss of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space Premises by Tenant. Landlord shall be entitled to any and all payment, income, rent or award, or any interest therein whatsoever, which may be paid or made in connection with such a taking or conveyance, and Tenant shall have no claim against Landlord for the Permitted Use. 22.3value of any unexpired portion of this Lease. Tenant shall be entitled to retain any award that is compensation specifically and independently awarded as compensation to Tenant for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to business or goodwill, moving expenses or for Tenant’s Property. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Paramount Acquisition Corp)

Eminent Domain. 22.1. In the event (a) If the whole or any part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-quasi- public purpose use by any lawful a governmental authority under the power of eminent domain or shall be conveyed to a governmental authority by exercise in lieu of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, and if such taking or conveyance shall cause the remaining part of the Premises to be untenantable and inadequate for use by Tenant or Landlord may for the purpose for which they were leased, then Tenant may, at its option, terminate this Lease effective as of the date possession Tenant is required to be surrendered to such authority, except with regard to (y) items occurring prior to surrender possession of the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2Premises. In the event of If a partial taking part of the Premises shall be taken or conveyed but the remaining part is tenantable and adequate for any public Tenant's use, then this Lease shall be terminated as to the part taken or quasi-public purpose by any lawful power conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole conveyed tenantable; and the Rent shall be reduced in proportion to prevent such taking, then, without regard to whether any portion the part of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration taken or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3conveyed. Tenant shall be entitled to any award that is specifically All compensation awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking or conveyance shall be the property of Landlord without any deduction therefrom for any present or future estate of Tenant, and Tenant hereby assigns to Landlord all its right, title and interest In and to any such award. However, ▇▇▇▇▇▇ shall have the right to recover from the governmental authority, but not from Landlord. 22.4. If, upon any taking such compensation as may be awarded to Tenant on account of the nature described in this Sectioninterruption of Tenant's business, this Lease continues in effect, then Landlord shall promptly proceed moving and relocation expenses and depreciation to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss removal of any portion of the Premises no longer available to Tenant▇▇▇▇▇▇'s trade fixtures and personal property. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Office Lease

Eminent Domain. 22.1. In case the event (a) the whole of the Premises Premises, Building, land or (b) Common Areas, or such part thereof of any thereof, as shall substantially interfere with the Tenant's use and occupancy of the Premises for the Permitted Use Premises, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as shall terminate on the earlier of the date of such sale or the date possession is required to be surrendered to said authority. Tenant shall not, because of such authoritytaking, assert any claim against the Landlord, for any compensation because of such taking of any interest in this Lease, the land, Building, Premises or Common Areas and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant, except with regard as is separately awarded to (y) items occurring prior to Tenant by the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2condemning authority. In the event the amount of a partial taking property or the type of estate taken shall not substantially interfere with the Premises for any public or quasi-public purpose by any lawful power or authority by exercise conduct of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so takenTenant's business, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to the entire amount of the award, without deduction for any award that is specifically awarded as compensation for (a) the taking estate or interest of Tenant's personal property that was installed , and Landlord, at Tenant's expense and (b) the costs of Tenant moving to a new locationits option, may terminate this Lease. Except as set forth in the previous sentenceIf Landlord does not so elect, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their its same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent a proportionate allowance shall be decreased proportionately made to reflect Tenant for the loss of any portion rent corresponding to the time during which, and to the part of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms of which, Tenant shall be so deprived on account of such taking and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordinglyrestoration, the parties and Tenant hereby waive waives the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result Code of any damage or destructionCivil Procedure Section 1265.

Appears in 1 contract

Sources: Office Lease (Retix)

Eminent Domain. 22.1. In the event (a) the whole If a portion of the Premises Building, or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Premises, shall be lawfully taken or condemned for any public or quasi-public use or purpose, or conveyed under threat of such condemnation, and as a result thereof, the Premises cannot be used for the same purpose by any lawful power and with the same utility as before such taking or authority by exercise conveyance, the Term of this Lease shall end upon, and not before, the date of the right taking of appropriationpossession by the condemning authority, condemnation or eminent domainand without apportionment of the award. Tenant hereby assigns to the Landlord Tenant’s interest in such award, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective if any. Current rent shall be apportioned as of the date possession is required to of such termination. If any part of the Building shall be surrendered to such authorityso taken or condemned, except with regard to (y) items occurring prior or if the grade of any street or alley adjacent to the Building is changed by any competent authority and such taking and (z) provisions or change of grade makes it necessary or desirable to demolish, substantially remodel, or restore the Building, the Landlord shall have the right to cancel this Lease that, by their express terms, survive upon not less than ninety (90) days’ prior notice to the expiration or earlier termination hereofdate of cancellation designated in the notice. 22.2. In the event of (b) If a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied shall be lawfully taken or condemned or conveyed under threat of condemnation but thereafter the Premises can be used by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) same purpose and with substantially the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Sectionsame utility, this Lease continues in effect, then shall not be terminated by Landlord and Landlord shall promptly proceed to restore repair the Premises to substantially their same condition prior to such partial taking. To Premises, and the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent Lease shall be decreased proportionately amended to reflect reduce the loss Tenant’s Proportion and Base Rent in the proportion of any portion the amount of the Premises taken. No money or other consideration shall be payable by the Landlord to the Tenant for any right of cancellation or temporary taking, and the Tenant shall have no longer available right to Tenantshare in any condemnation award or in any judgment for damages caused by a change of grade. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Office Lease (Monotype Imaging Holdings Inc.)

Eminent Domain. 22.1. In If the event (a) the whole Building, or a substantial part thereof, or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Leased Premises, shall be lawfully taken or condemned (or conveyed under threat of such taking or condemnation) for any public or quasi-public purpose by any lawful power use or authority by exercise purpose, the Term of this Lease shall end upon, and not before, the date of the right taking of appropriationpossession by the condemning authority, condemnation or eminent domainand without apportionment of the award. Tenant hereby assigns to Landlord Tenant’s interest, or sold to prevent if any, in such taking, Tenant or Landlord may terminate this Lease effective award. Current Rent shall be apportioned as of the date possession of such termination. If any part of the Building, other than the Leased Premises, not constituting a substantial part of the Building, shall be so taken or condemned (or conveyed under threat of such taking or condemnation), or if the grade of any street adjacent to the Building Complex is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to be surrendered substantially remodel, replace or restore any part of the Building Complex, Landlord shall have the right to such authority, except with regard to cancel this Lease upon not less than ninety (y90) items occurring calendar days’ notice prior to the taking date of cancellation designated in the notice. No money or other consideration shall be payable by Landlord to Tenant for the right of cancellation, and (z) provisions Tenant shall have no right to share in any condemnation award, or in any judgment for damages, or in any proceeds of this Lease that, by their express terms, survive the expiration any sale made under any threat of condemnation or earlier termination hereof. 22.2taking. In the event of a partial taking of this Lease is not canceled, the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, thenLease shall continue in full force and effect, without regard abatement or reduction of rental due hereunder. Notwithstanding the foregoing, nothing contained herein shall prevent Tenant from commencing a separate proceeding against the condemning authority to whether recover any portion of the Premises occupied by Tenant was so taken, Landlord award it may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage such taking or destructioncondemnation.

Appears in 1 contract

Sources: Office Lease (Heatwurx, Inc.)

Eminent Domain. 22.1. A. In the event (a) that the whole entire or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be condemned or taken in any manner for any public or quasi-public use, and as a result thereof the Premises cannot be used for the same purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold as prior to prevent such taking, Tenant or Landlord may terminate this Lease effective and the Term shall cease and terminate as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions taken. For purposes of this Lease thatSection, by their express terms, survive the expiration or earlier termination hereofphrase "substantial part of the Premises" is defined as and is understood to mean "more than twenty-five percent (25%) of the Premises." 22.2. In the event of B. If less than a partial taking substantial part of the Premises shall be so condemned or taken, and after such taking the Premises can be used for the same purpose as prior thereto, the Term shall cease only on the part so taken, as of the date possession shall be taken by such public authority, and Tenant shall pay full Rental up to that date (with appropriate refund by Landlord of such Rental as may have been paid in advance for any period subsequent to the date possession is taken) and thereafter the Rental shall be equitably adjusted. Landlord shall, at its expense, make all necessary repairs or alterations to the Building and/or the Premises so as to constitute the remaining Building and/or Premises a complete architectural unit, provided that Landlord shall not be obligated to undertake any such repairs and alterations if the cost thereof exceeds the award resulting from such taking. C. If part of the Building or any adjacent property or street shall be condemned by a public or quasi-public purpose authority, and in the reasonable opinion of the Landlord, the Building should be demolished or restored in such a way as to alter the Premises materially, Landlord may terminate this Lease and the Term shall expire on the date specified in the notice of termination as fully and D. All damages awarded for any taking by any lawful a public authority under the power or authority by exercise of right of appropriation, condemnation, or eminent domain, whether for the whole or sole to prevent such taking, then, without regard to whether any portion a part of the Premises occupied by Tenant was so takenand/or the Building, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking whether such damages shall be awarded as compensation for diminution in value of the nature described in this Sectionleasehold or to the fee of the Building, this Lease continues in effect, then Landlord shall promptly proceed to restore provided however the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent Tenant shall be decreased proportionately entitled to reflect an award and reimbursement for relocation expenses and business interruption, provided the loss of award to the Landlord is not diminished or reduced in any portion of the Premises no longer available to Tenantway. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Delphi Information Systems Inc /De/)

Eminent Domain. 22.1. In If the event (a) the whole Building, or a substantial part thereof, or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Premises, shall be lawfully taken or condemned (or conveyed under threat of such taking or condemnation) for any public or quasi-public purpose by any lawful power use or authority by exercise purpose, the Term of this Lease shall end upon, and not before, the date of the right taking of appropriationpossession by the condemning authority, condemnation or eminent domainand without apportionment of the award. Tenant hereby assigns to Landlord Tenant's interest, or sold to prevent if any, in such taking, Tenant or Landlord may terminate this Lease effective award. Current Rent shall be apportioned as of the date possession of such termination. If any part of the Building, other than the Premises or not constituting a substantial part of the Premises, shall be so taken or condemned (or conveyed under threat of such taking or condemnation), or if the grade of any street adjacent to the Building is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to be surrendered substantially remodel or restore the Building, Landlord shall have the right to such authority, except with regard to cancel this Lease upon not less than ninety (y90) items occurring days' notice prior to the taking date of cancellation designated in the notice. No money or other consideration shall be payable by Landlord to Tenant for the right of cancellation, and (z) provisions Tenant shall have no right to share in any condemnation award, or in any judgment for damages, or in any proceeds of this Lease that, by their express terms, survive the expiration any sale made under any threat of condemnation or earlier termination hereof. 22.2taking. In the event this Lease is not canceled, the Lease shall continue in full force and effect, without abatement or reduction of rental due hereunder. Notwithstanding the above, Tenant shall have the right to make a partial taking of the Premises separate claim for any public moving or quasi-public purpose by relocation expenses associated with any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior domain proceedings relating to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted UsePremises. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Standard Building Lease (Integrated Information Systems Inc)

Eminent Domain. 22.1. In If the event (a) Premises, the whole of Building, or such a substantial part thereof, which in Landlord's reasonable judgment renders the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises remainder unfit for the Permitted Use intended uses, shall be taken by any competent authority under the power of the eminent domain or be acquired for any public or quasi-public purpose by any lawful power uses or authority by exercise purpose, the term of the right Lease shall cease and terminate upon the effective date of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions Tenant shall have no claim against Landlord for the value of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking any unexpired term of the Premises Lease. If any part of the Building is taken by any competent authority under the power of eminent domain or is acquired for any public or quasi-public purpose by any lawful power uses or authority by exercise of right of appropriation, condemnationpurpose, or eminent domain, if the configuration or sole grade of any street or alley or other improvement or structure adjacent to prevent the Building is changed and such taking, thenor acquisition, without regard or change of grade or configuration makes it necessary or desirable in Landlord's judgment to whether remodel the Building to conform to the taking, acquisition, or changed grade or configuration, Landlord shall have the right to terminate this Lease after having given written notice of termination to Tenant not less than ninety (90) days prior to the date of termination designated in the notice. In either of said events, Rent at the then current rate shall be apportioned as of the date of the termination. If any portion of the Premises occupied by Tenant was is so takentaken and the Lease is not terminated, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking then Base Rent and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant Tenant's Proportionate Share shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately equitably reduced to reflect the loss of any portion new rentable square footage of the Premises Premises. No money or other consideration shall be payable by Landlord to Tenant for the right of termination and Tenant shall have no longer available right to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate share in the event condemnation award or in any judgment for damages caused by the taking or the change of grade. However, nothing in this paragraph shall preclude Tenant from independently seeking an award from the authority for any damage damages or destruction. Accordinglyrelocation benefits which Tenant is entitled to under governing law, provided that such separate award shall not reduce the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage award or destructionjudgment recoverable by Landlord.

Appears in 1 contract

Sources: Office Lease (Ebix Com Inc)

Eminent Domain. 22.1. In the event (a) If the whole or more than fifty percent (50%) of the Demised Premises (or (b) such part thereof as shall substantially interfere with Tenant's use and or occupancy of the Premises for the Permitted Use Demised Premises) shall be taken or condemned by an governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), or if the owner elects to convey title to the condemnor by a deed in lieu of condemnation, or if all or any lawful power or authority by exercise portion of the right of appropriationLand or Building are so taken, condemnation condemned or eminent domainconveyed and as a result thereof, or sold to prevent such takingin Landlord’s judgment, Tenant or Landlord may terminate the Demised Premises cannot be used for Tenant’s permitted use as set forth herein, then this Lease effective shall cease and terminate as of the date possession is required to when title vests in such governmental or quasi-governmental authority and the Fixed Rent and Additional Rent shall be surrendered to abated on the date when such title vests in such governmental or quasi-governmental authority, except with regard to . If less than fifty percent (y50%) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Demised Premises is taken or condemned by any governmental or quasi-governmental authority for any public or quasi-public use or purpose by (including sale under threat of such a taking), the Fixed Rent and Tenant’s proportionate share shall be equitably adjusted )on the basis of the number of square feet before and after such event) on the date when title vests in such governmental or quasi-governmental authority and the Lease shall otherwise continue in full force and effect. In any lawful power or authority by exercise of right of appropriationcase, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether Tenant shall have no claim against Landlord for any portion of the Premises occupied by Tenant was so taken, Landlord amount that may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease damages as a result of any damage governmental or destructionquasi-governmental taking or condemnation (or sale under threat or such taking or condemnation); and all rights of Tenant to damages therefore are hereby assigned by Tenant to Landlord. The foregoing shall not, however, deprive Tenant of any separate award for moving expenses, dislocation damages or for any other award which would not reduce the award payable to Landlord.

Appears in 1 contract

Sources: Lease Agreement (Sinclair Broadcast Group Inc)

Eminent Domain. 22.1. In the event (a) If the whole or a material portion of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), or if the owner elects to convey title to the condemnor by a deed in lieu of condemnation, or if all or any lawful power or authority by exercise portion of the right of appropriationProperty are so taken, condemnation condemned or eminent domainconveyed and as a result thereof, or sold to prevent such takingin Landlord’s reasonable judgment, Tenant or Landlord may terminate the Premises cannot be used for Tenant’s Permitted Use as set forth herein, then this Lease effective shall cease and terminate as of the date possession is required to when title vests in such governmental or quasi-governmental authority and Base Rent and Additional Rent shall be surrendered to abated on the date when such title vests in such governmental or quasi-governmental authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of If less than a partial taking material portion of the Premises shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose by (including sale under threat of such a taking), Base Rent and Additional Rent shall be equitably abated on the date when such title vests in such governmental or quasi-governmental authority and this Lease shall otherwise continue in full force and effect. In any lawful power or authority by exercise of right of appropriationcase, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether Tenant shall have no claim against Landlord for any portion of the Premises occupied by Tenant was so taken, Landlord amount that may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease damages as a result of any damage governmental or destructionquasi-governmental taking or condemnation (or sale under threat or such taking or condemnation); and all rights of Tenant to damages therefor are hereby assigned by Tenant to Landlord. The foregoing shall not, however, deprive Tenant of any separate award for moving expenses, dislocation damages or for any other award which would not reduce the award payable to Landlord. As used herein, “material portion of the Premises” shall mean such amount that, in Landlord’s reasonable judgment, would render the Premises untenantable for the Permitted Use by Tenant as being conducted prior to such taking or condemnation.

Appears in 1 contract

Sources: Office Lease Agreement (Albireo Pharma, Inc.)

Eminent Domain. 22.1. In If the event (a) Premises, any substantial part thereof, the whole of land on which the Premises Building stands, or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use any estate therein shall be taken by any competent authority under the power of eminent domain, or is conveyed or leased in lieu of such taking, or is acquired for any public or quasi-public purpose use or purpose, the Term of this Lease shall terminate upon the date when the possession of said Premises or the part thereof so taken, is taken, conveyed, or leased, without apportionment of the award, and Tenant shall have no claim against Landlord for the value of any unexpired Term. If any condemnation proceedings shall be instituted in which it is sought to take or damage any part of the Building or the land under it or contiguous thereto, or if the grade of any street or alley adjacent to the Building is changed by any lawful power competent authority, and such change of grade makes it necessary or authority by exercise of desirable to remodel the Building to conform to the changed grade, Landlord shall have the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate cancel this Lease effective after having given written notice of cancellation to Tenant not less than ninety (90) days prior to the date of condemnation designated in the notice. In either of said events, rent at the then-current rate shall be apportioned as of the date possession is required of the termination. No money or other consideration shall be payable by Landlord to be surrendered Tenant for the right of cancellation, and the Tenant shall have no right to such authority, except with regard to (y) items occurring prior to share in the condemnation award or in any judgment for damages caused by the taking and (z) provisions or the change of grade. Nothing in this Lease that, Paragraph shall preclude an award being made to Tenant by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event condemning authority for loss of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnationbusiness, or eminent domaindepreciation to, and cost of removal of, equipment or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Usefixtures. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Office Lease (Cryomedical Sciences Inc)

Eminent Domain. 22.1. 23.1 In the event (a) the whole of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. 23.2 In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, then Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, is of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space portions for the Permitted Usepurposes for which they were intended, and Tenant may elect to terminate this Lease if such taking is of material detriment to, and substantially interferes with, Tenant's use and occupancy of the Premises. In no event shall this Lease be terminated when such a partial taking does not have a material adverse effect upon Landlord or Tenant or both. Termination by either party pursuant to this section shall be effective as of the date possession is required to be surrendered to said authority. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, 23.3 If upon any taking of the nature described in this Section, Article 23 this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises remaining portion of the Premises, and all improvements and fixtures located thereon, to substantially their same condition prior to such partial taking; provided, however, Landlord's obligation hereunder shall be limited to the amount of the condemnation proceeds. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Basic Annual Rent shall be decreased abated proportionately on the basis of the rental value of the Premises, including improvements and fixtures, as restored after such taking compared to reflect the loss of any portion rental value of the Premises no longer available prior to Tenantsuch taking. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease (Cytel Corp/De)

Eminent Domain. 22.1. In the event (a) the whole Either party may terminate this Lease if any material part of the Premises is taken or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken condemned for any public or quasi-public purpose use under Law, by any lawful power eminent domain or authority by exercise of private purchase in lieu thereof (a “Taking”). Landlord shall also have the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease if there is a Taking of any portion of the Building or Project which would have a material adverse effect on Landlord’s ability to profitably operate the remainder of the Building. The termination shall be effective as of the effective date of any order granting possession is required to be surrendered to such to, or vesting legal title in, the condemning authority, except with regard to (y) items occurring prior to the taking and (z) provisions of . If this Lease thatis not terminated, by their express terms, survive Basic Rent and Tenant’s Share of Operating Expenses shall be appropriately adjusted to account for any reduction in the expiration or earlier termination hereof. 22.2. In the event of a partial taking square footage of the Premises Building or Premises. All compensation awarded for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking Taking shall be the property of Landlord. 22.4Landlord and the right to receive compensation or proceeds in connection with a Taking are expressly waived by Tenant; provided, however, Tenant may file a separate claim for Tenant’s personal property and Tenant’s reasonable relocation expenses. If, upon any taking If only a part of the nature described in this Section, Premises is subject to a Taking and this Lease continues in effectis not terminated, then Landlord shall promptly proceed to Landlord, with reasonable diligence, will restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any remaining portion of the Premises no longer available as nearly as practicable to Tenant. 22.5the condition immediately prior to the Taking. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive Tenant agrees that the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result shall govern any Taking and shall accordingly supersede any contrary statute or rule of any damage or destructionlaw.

Appears in 1 contract

Sources: Lease (Cambium Networks Corp)

Eminent Domain. 22.1. In the event (a) If the whole or any part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose use by any lawful a governmental authority acting under the power of eminent domain or shall be conveyed to a governmental authority by exercise in lieu of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, and if such taking or conveyance shall cause the remaining part of the Premises (if any) to be untenantable and inadequate for use by Tenant or Landlord for the purposes for which they were Lease, then Tenant, at its option, may terminate this Lease effective as of the date possession Tenant is required to be surrendered to such authority, except with regard to (y) items occurring prior to surrender possession of the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2Premises. In the event of If a partial taking part of the Premises shall be so taken or conveyed but the remaining part is tenantable and adequate for any public Tenant’s use, then this Lease shall be terminated as to the part taken or quasi-public purpose by any lawful power conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole conveyed tenantable; and the rent shall be reduced in proportion to prevent such taking, then, without regard to whether any portion the part of the Premises occupied so taken or conveyed (as measured by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3). Tenant shall be entitled to any award that is specifically All compensation awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking or conveyance shall be the property of Landlord without any deduction therefrom for any present or future estate of Tenant, and Tenant hereby assigns to Landlord all its rights, title and interest in and to any such award. However, Tenant shall have the right to recover from the governmental authority, but not from Landlord. 22.4. If, upon any taking such compensation as may be awarded to Tenant on account of the nature described in this Sectioninterruption of Tenant’s business, this Lease continues in effect, then Landlord shall promptly proceed moving and relocation expenses and depreciation to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss removal of any portion of the Premises no longer available to Tenant’s trade fixtures and personal property. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Bank Facility Lease (Midwest Banc Holdings Inc)

Eminent Domain. 22.1. 23.1 In the event (a) the whole of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Project shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. 23.2 In the event of a partial taking of the Premises Project for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, then Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, is of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space portions for the Permitted Usepurposes for which they were intended, and Tenant may elect to terminate this Lease if such taking is of material detriment to, and substantially interferes with, Tenant's use and occupancy of the Premises. In no event shall this Lease be terminated when such a partial taking does not have a material adverse effect upon Landlord or Tenant or both. Termination by either party pursuant to this section shall be effective as of the date possession is required to be surrendered to said authority. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, 23.3 If upon any taking of the nature described in this Section, Article 23 this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises remaining portion of the Project, including all improvements and fixtures located in the Premises, to substantially their same condition prior to such partial taking; provided, however, Landlord's obligation hereunder shall be limited to the amount of the condemnation proceeds. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Basic Annual Rent shall be decreased abated proportionately to reflect on the loss of any portion basis of the square feet of the Rentable Area of the Project or Premises no longer available to Tenanttaken. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Aethlon Medical Inc)

Eminent Domain. 22.1. In the event (a) the whole If a substantial portion of the Premises building, or (b) such a substantial part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use demised premises, shall be lawfully taken or condemned for any public or quasi-public purpose by any lawful power use or authority by exercise purpose, or conveyed under threat of such condemnation, the term of this Lease shall end upon, and not before, the date of the right taking of appropriationpossession by the condemning authority, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective and without apportionment of the award. Current rent shall be apportioned as of the date possession of such termination. If any part of the building shall be so taken or condemned, or if the grade of any street or alley adjacent to the building is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to be surrendered demolish, substantially remodel, or restore the building, Landlord shall have the right to such authority, except with regard to cancel this Lease upon not less than ninety (y90) items occurring days notice prior to the taking and (z) provisions date of this Lease that, cancellation designated in the notice. No money or other consideration shall be payable by their express terms, survive Landlord or Tenant for the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriationcancellation, condemnation, and Tenant may not share in the condemnation award (or eminent domain, or sole to prevent in any judgment for damages caused by the change of grade). Tenant may proceed independently in such taking, then, without regard to whether any proceedings if it chooses. If an insubstantial portion of the Premises occupied premises shall be lawfully taken or condemned or conveyed under threat of condemnation so that the premises can be used by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as purposes set forth in this Lease, and this Lease is not terminated by Landlord, Landlord shall repair the previous sentencepremises, any award for such taking and the Lease shall be amended to reduce Tenant's Proportion and Base Rent in the property of Landlord. 22.4. If, upon any taking proportion of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenantamount taken. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease (Chicago Mercantile Exchange Inc)

Eminent Domain. 22.1. In the event (a) the whole If all or any part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for by any public or quasi-public purpose authority under the power of eminent domain or conveyance in lieu thereof, this Lease shall terminate as to any portion of the Premises so taken or conveyed on the date when title vests in the condemnor, and Landlord shall be entitled to any and all payment, income, rent, award, or any interest therein whatsoever which may be paid or made in connection with such taking or conveyance, and Tenant shall have no claim against Landlord or otherwise for the value of any unexpired Term of this Lease. Notwithstanding the foregoing sentence, any compensation specifically awarded Tenant for loss of business, Tenant’s personal property, moving costs or loss of goodwill, shall be and remain the property of Tenant. If (i) any action or proceeding is commenced for such taking of the Premises or any part thereof, or if Landlord is advised in writing by any lawful entity or body having the right or power of condemnation of its intention to condemn the Premises or authority by exercise any part thereof, or (ii) any of the right foregoing events occur with respect to the taking of appropriation, condemnation or eminent domainany space in the Complex not leased hereby, or sold if any such spaces so taken or conveyed in lieu of such taking and Landlord shall decide to prevent discontinue the use and operation of the Complex, or decide to demolish, alter or rebuild the Complex, then in any such taking, Tenant or events Landlord may shall have the right to terminate this Lease effective by giving Tenant written notice thereof within sixty (60) days of the date of receipt of said written advice, or commencement of said action or proceeding, or taking conveyance, which termination shall take place as of the first to occur of the last day of the calendar month next following the month in which such notice is given or the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior on which title to the taking and (z) provisions of this Lease that, by their express terms, survive Premises shall vest in the expiration or earlier termination hereof. 22.2condemnor. In the event of such a partial taking or conveyance of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriationPremises, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any if the portion of the Premises occupied taken or conveyed is so substantial that the Tenant can no longer reasonably conduct its business, Tenant shall have the privilege of terminating this Lease within sixty (60) days from the da f such taking or conveyance, upon written notice to the Landlord of its intention so to do, and upon giving of such notice this Lease shall terminate on the last day of the calendar month next following the month in which such notice is given, upon payment by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to of the taking and (b) provisions of this Lease that, by their express terms, survive Rent from the expiration or earlier termination hereof) as date of such taking if such taking is, in Landlord’s sole opinion, or conveyance to the date of termination. If a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms be taken by condemnation or conveyance in lieu thereof and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to neither Landlord nor Tenant shall terminate this Lease as a result provided herein, this Lease shall continue in full force and effect as to the part of any damage the Premises not so taken or destructionconveyed, and the Rent herein shall be apportioned as of the date of such taking or conveyance so that thereafter the Rent to be paid by Tenant shall be in the ratio that the area of the portion of the Premises not so taken or conveyed bears to the total area of the Premises prior to such taking.

Appears in 1 contract

Sources: Lease Agreement (Yodlee Inc)

Eminent Domain. 22.1. In the event If (a1) the whole or a material portion of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), or (2) if the owner elects to convey title to the condemnor by a deed in lieu of condemnation, or (3) if all or any lawful power or authority by exercise portion of the right of appropriationProperty are so taken, condemnation condemned or eminent domainconveyed and as a result thereof, or sold to prevent such takingin Landlord’s reasonable judgment, Tenant or Landlord may terminate the Premises are rendered untenantable for the Permitted Use, then this Lease effective shall cease and terminate as of the date possession is required to when title vests in such governmental or quasi-governmental authority and Base Rent, and charges on account of Taxes and Operating Expenses, shall be surrendered to abated on the date when such title vests in such governmental or quasi-governmental authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of If less than a partial taking material portion of the Premises shall be taken or condemned by a governmental or quasi­ governmental authority for any public or quasi-public use or purpose by (including sale under threat of such a taking), then this Lease shall continue in full force and effect; provided, however, that Base Rent, and charges on account of Taxes and Operating Expenses, shall be equitably abated on the date when such title vests in such governmental or quasi-governmental authority. In any lawful power or authority by exercise of right of appropriationcase, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether Tenant shall have no claim against Landlord for any portion of the Premises occupied amount that may be awarded as damages as a result of any governmental or quasi-governmental taking or condemnation (or sale under threat or such taking or condemnation); and all rights of Tenant to damages therefor are hereby assigned by Tenant was so takento Landlord. The foregoing shall not, Landlord may elect however, deprive Tenant of any separate award for moving expenses, dislocation damages or for any other award which would not reduce the award payable to terminate this Lease (except with regard to (a) items occurring prior to Landlord. As used herein, “material portion of the taking and (b) provisions of this Lease Premises” shall mean such amount that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinionreasonable judgment, of a material nature such as to make it uneconomical to continue use of would render the unappropriated portion for purposes of renting space Premises untenantable for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Office Lease Agreement (Tufin Software Technologies Ltd.)

Eminent Domain. 22.1. In the event (a) If the whole or any part of the Premises shall be taken under the power of eminent domain or (b) acquired in lieu thereof, then this Lease shall terminate as to the part so taken on the day when Tenant is required to yield possession thereof to the condemning authority, and, subject to the rights of mortgagees and further subject to the sufficiency in amount of the award or price paid on account of the taking or acquisition in lieu thereof, Landlord shall make such repairs and alterations as may be necessary in order to restore the part thereof as shall substantially interfere with not taken to useful condition; and the Basic Rent and Tenant's use and occupancy Proportionate Share shall be reduced, proportionately, as to the portion of the Premises so taken. If the amount of the Premises so taken or acquired is such as to impair substantially the usefulness of the Premises for the Permitted Use shall be taken purposes for any public or quasi-public purpose by any lawful power or authority by exercise of which the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effectsame are hereby leased, then Landlord either party shall promptly proceed to restore have the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties option to terminate this Lease as of the date when Tenant is required to yield possession. All compensation awarded or paid for such taking or acquisition shall belong to and be the property of Landlord except to the extent that any such compensation is specifically designated for the leasehold interest. Anything herein to the contrary notwithstanding, if a result substantial part of the Building and/or of Landlord's Tract is taken or acquired in the manner aforesaid, whether or not the Premises are so taken or acquired to any extent and irrespective of the extent of any damage award of proceeds to Landlord by virtue of the taking or destructionacquisition in lieu thereof, Landlord shall have the right, upon written notice to Tenant within sixty (60) days after such taking or acquisition, to terminate this Lease.

Appears in 1 contract

Sources: Lease Agreement (Barringer Technologies Inc)

Eminent Domain. 22.1. In the event (a) the whole If all or any material part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken or condemned by any competent authority for any public purpose, or quasi-public purpose by if any lawful power adjacent property or authority by exercise street shall be condemned or improved in a manner that unreasonably interferes with or prevents the use of any material part of the right Premises, the Term of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective shall, at the option of Landlord or Tenant exercised upon written notice to the other party, end as of the date possession of the actual taking, without apportionment to Tenant of any portion of the award or damages, other than any amount for Tenant’s moving expenses, business information, and the unamortized portion of Tenant’s leasehold improvements. Otherwise, this Lease shall remain in full force and effect, Base Rent shall be equitably reduced to the extent Tenant’s use and enjoyment of the Premises is required affected, without apportionment to be surrendered Tenant of any portion of the award or damages, other than any amount for Tenant’s moving costs, business interruption, and the unamortized portion of Tenant’s leasehold improvements. For purposes of this Section 19, “material” shall mean any part of the Premises which reasonably interferes or prevents that use of the Premises in substantially the same manner as the Premises was used immediately prior to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2taking. In the event of a partial taking termination pursuant to this Section 19, current Rent, both Base and Additional, shall be apportioned to the date of such taking. If the leasehold interest vested in Tenant by this Lease shall be condemned or taken in any manner, Landlord’s and Tenant’s obligations under this Lease shall terminate as of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as date of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Usecondemnation or taking. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Industrial Facilities Lease (Xg Sciences Inc)

Eminent Domain. 22.1. In the event (a) the whole of the Premises all Affected Areas or (b) such part thereof as shall substantially interfere with Tenant's ▇▇▇▇▇▇’s use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y1) items occurring prior to the taking and (z2) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of (a) the Premises Building or the Project or (b) drives, walkways or parking areas serving the Building or the Project for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a1) items occurring prior to the taking and (b2) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, is of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3office. Tenant Each party shall be entitled to any award that pursue their own separate claims against the condemning authority as allowed by Applicable Law. However, Landlord shall assert no claims as to the value of the underlying real estate upon which the Building is specifically awarded located and Tenant shall assert no claims as compensation for (a) to the taking value of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4Building. If, upon any taking of the nature described in this SectionArticle, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises Affected Areas to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease

Eminent Domain. 22.1. In the event (a) the whole If all of the Premises Property shall be taken permanently under the power of eminent domain or (b) such sold to a government threatening to exercise the power of eminent domain, the Term of this Lease Agreement shall cease as of the day possession shall be so taken. If less than all of the Property shall be taken permanently, or if all of the Property or any part thereof shall be taken temporarily under the power of eminent domain, (1) this Lease Agreement shall continue in full force and effect and shall not be terminated by virtue of such taking and the parties waive the benefit of any law to the contrary, and (2) there shall be a partial abatement of Lease Payments as shall substantially interfere with Tenant's a result of the application of the Net Proceeds of any eminent domain award to the prepayment of the Lease Payments hereunder, in an amount to be agreed upon by the Town and the Authority, and so certified to by the parties to the Trustee, such that the resulting Lease Payments represent fair consideration for the use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any remaining usable portion of the Premises occupied by Tenant was so takenProperty, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and extent of special funds, such as amounts in the Reserve Fund available for the payment of Lease Payments. (b) provisions The Town hereby covenants and agrees, to the extent it may lawfully do so, that so long as any of this Lease thatthe Certificates remain outstanding and unpaid, the Town will not exercise the power of condemnation with respect to the leased property. The Town further covenants and agrees, to the extent it may lawfully do so, that if for any reason the foregoing covenant is determined to be unenforceable or if the Town should fail or refuse to abide by their express termssuch covenant and condemns the leased property, survive the expiration or earlier termination hereofappraised value of the leased property shall not be less than the greater of (i) as of such taking if such taking isCertificates are then subject to redemption, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use the principal and interest components of the unappropriated portion for purposes Certificates outstanding through the date of renting space for the Permitted Use. 22.3. Tenant shall be entitled their redemption, or (ii) if such Certificates are not then subject to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretionredemption, the Rent shall be decreased proportionately amount necessary to reflect defease such Certificates to the loss of any portion of first available redemption date in accordance with the Premises no longer available to TenantTrust Agreement. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement

Eminent Domain. 22.1. In the event (a) 23.1 If the whole of the Premises Premises, or (b) such part thereof as shall materially and substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use thereof, shall be taken for any public or quasi-quasi public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of 23.2 Upon a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion which does not materially and substantially interfere with Tenant's use of the Premises occupied by Tenant was so takenPremises, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in the sole opinion of Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting leasing such space for the Permitted Useto Tenant. 22.3. 23.3 Tenant shall be entitled to any award that which is specifically awarded as compensation for (a) the taking of Tenant's personal property that property, which was installed at Tenant's expense and (b) the for costs of Tenant moving to a new location. Except as set forth in the previous immediately preceding sentence, any award for such taking shall be the property of belong to Landlord. 22.4. 23.4 If, upon any taking of the nature described in this SectionArticle 23, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their the same condition prior to such partial taking. To the extent such restoration is infeasiblefeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased abated proportionately based upon the extent to reflect the loss of any portion which Tenant's use of the Premises no longer available has decreased on the basis of the percentage of the rental value of the Premises after such taking and the rental value of the Premises prior to Tenantsuch taking. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Lexicon Genetics Inc/Tx)

Eminent Domain. 22.1. In the event (a) the whole of If all the Premises are condemned or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy taken by the power of the Premises for the Permitted Use shall be taken for eminent domain exercised by any public governmental or quasi-public purpose by any lawful power or authority by exercise of the right of appropriationgovernmental authority, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective shall terminate as of the date possession that the Tenant is required to vacate the Premises and all Base and Additional Rent shall be surrendered paid up to such authorityand until same date of termination. If only part of the Leased Premises shall be taken and the size of the Premises are proportionately reduced, except with regard then the Tenant is entitled to (y) items occurring prior an equal and proportionate reduction in Base Rent and Additional Rent. Further, Landlord shall, as expeditiously as possible, repair the remaining portion of Leased Premises to the taking and (z) provisions extent necessary to render the same suitable for which the Premises were leased. Tenant hereby waives any right that it may have to any condemnation award or sum paid under threat of this Lease thatcondemnation as a result of a complete or partial asking of the Leased Premises and/or any portion of the Building, by their express terms, survive the expiration or earlier termination hereof. 22.2its Common Areas. In the event of If there is only a partial taking of the Premises for any public Building and/or its Common Areas, this Lease shall not terminate and this Lease shall remain in full force and in effect. After partial taking of the Building or quasi-public purpose by any lawful power its common areas, the Landlord, within a reasonable time thereafter, shall repair or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any reconstruct the remaining portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior Building and/or its Common Areas to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as extent necessary to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Usesame a complete architectural unit. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (ADS Tactical, Inc.)

Eminent Domain. 22.1. In the event Either party may terminate this Lease if (ai) the whole any material part of the Premises Premises, (ii) any material points of vehicle access serving the Building, or (biii) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be any material parking rights under this Lease are taken or condemned for any public or quasi-public purpose use under Law, by any lawful power eminent domain or authority by exercise of private purchase in lieu thereof (a “Taking”). Landlord shall also have the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease if there is a Taking of any portion of the Building or Project which would have a material adverse effect on Landlord’s ability to profitably operate the remainder of the Building. The termination shall be effective as of the effective date of any order granting possession is required to be surrendered to such to, or vesting legal title in, the condemning authority, except with regard to (y) items occurring prior to the taking and (z) provisions of . If this Lease thatis not terminated, by their express terms, survive Basic Rent and Tenant’s Share of Operating Expenses shall be appropriately adjusted to account for any reduction in the expiration or earlier termination hereof. 22.2. In the event of a partial taking square footage of the Premises Building or Premises. All compensation awarded for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking Taking shall be the property of Landlord. 22.4. IfLandlord and the right to receive compensation or proceeds in connection with a Taking are expressly waived by Tenant; provided, upon any taking however, Tenant may file a separate claim for Tenant's personal property and Tenant's reasonable relocation expenses, provided the filing of the nature described in this Section, claim does not diminish the amount of Landlord’s award. If only a part of the Premises is subject to a Taking and this Lease continues in effectis not terminated, then Landlord shall promptly proceed to Landlord, with reasonable diligence, will restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any remaining portion of the Premises no longer available as nearly as practicable to Tenant. 22.5the condition immediately prior to the Taking. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive Tenant agrees that the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result shall govern any Taking and shall accordingly supersede any contrary statute or rule of any damage or destructionlaw.

Appears in 1 contract

Sources: Lease Agreement (Lantronix Inc)

Eminent Domain. 22.123.1. Landlord shall give Tenant notice of the commencement of any condemnation or eminent domain proceeding affecting the Demised Premises promptly following Landlord's obtaining knowledge thereof. In the event (a) the [*} Confidential information has been omitted and filed separately with the Commission. whole of the Premises Demised Premises, or (b) such part thereof as shall shall, in Tenant's reasonable determination, substantially interfere with Tenant's use and occupancy of the Demised Premises for the Permitted Use its purposes, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.223.2. In the event of a partial taking of the Premises Building, or of drives, walkways, and parking areas serving the Building for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, then without regard as to whether any portion of the Demised Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in the reasonable discretion of Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for the purposes of renting space for the Permitted Useset forth in Section 2.1.9. 22.323.3. Tenant shall be entitled to any award that or other compensation which is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense Property and (b) for the costs of Tenant moving to a new location. Except as before set forth in the previous sentenceforth, any award for such taking shall be the property of belong to Landlord. 22.423.4. If, If upon any taking of the nature described in this Section, Article 23 this Lease continues in effect, then the Landlord shall promptly proceed to restore the Premises Demised Premises, Building and the Project to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, feasible (as determined by Landlord in its sole and absolute discretion), the Rent shall be decreased abated proportionately based upon the extent to reflect the loss of any portion which Tenant's use of the Demised Premises no longer available has decreased on the basis of the percentage of the rental value of the Demised Premises after such taking and the rental value of the Demised Premises prior to Tenantsuch taking and taking into account the different rental values for the laboratory, warehouse and office portions of the Demised Premises. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (North American Vaccine Inc)

Eminent Domain. 22.1. In Tenant agrees that if the event (a) the whole of the Premises Leased Premises, or (b) such any part thereof as shall substantially interfere with Tenant's use and occupancy of (including the Premises for exclusive parking spaces or access to the Permitted Use parking area), shall be taken or condemned for any public or quasi-public use or purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such takingcompetent authority, Tenant shall have no claim against Landlord and shall not have any claim or Landlord may terminate this Lease effective as of the date possession is required right to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord amount that may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage damages or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease paid as a result of any damage such condemnation, whether such amount be awarded for diminution in value to the leasehold or destructionto the fee. It is agreed that the full amount of such award, if any, made by the taking authorities shall be paid to and retained by Landlord, free of any claim by Tenant to any portion thereof, and all rights of Tenant to damages therefor, if any, are hereby assigned by Tenant to Landlord. In the event that all or substantially all of the Leased Premises shall be taken or condemned by any governmental authority, then the term of this Lease shall cease and terminate from the date on which the Tenant is required, by such taking authority, to surrender possession of said Leased Premises and the Tenant shall not have nor make any claim against Landlord for the value of any unexpired term of this Lease. In the event that a portion of the Leased Premises shall be taken or condemned by any governmental authority, then this Lease shall continue in full force and effect, and rent shall abate in an amount which bears the same ratio to the annual bas▇ ▇▇▇t as the value of the floor space taken bears to the value of the total floor space of the Leased Premises. All rentals and other sums payable by Tenant hereunder shall be adjusted to the date on which Tenant is required, by the taking authority, to surrender possession of the Leased Premises or portion of the Leased Premises so taken.

Appears in 1 contract

Sources: Lease Agreement (Wire One Technologies Inc)

Eminent Domain. 22.1. In If the event (a) Premises, the whole of Building, or such a substantial part thereof, which in Landlord's reasonable judgment renders the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises remainder unfit for the Permitted Use intended uses, shall be taken by any competent authority under the power of the eminent domain or be acquired for any public or quasi-public purpose by any lawful power uses or authority by exercise purpose, the Lease Term shall cease and terminate upon the effective date of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions Tenant shall have no claim against Landlord for the value of this any unexpired Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2Term. In the event of a partial taking If any part of the Premises Building is taken by any competent authority under the power of eminent domain or is acquired for any public or quasi-public purpose by any lawful power uses or authority by exercise of right of appropriation, condemnationpurpose, or eminent domain, if the configuration or sole grade of any street or alley or other improvement or structure adjacent to prevent the Building is changed and such taking, thenor acquisition, without regard or change of grade or configuration makes it necessary or desirable in Landlord's judgment to whether any portion of remodel the Premises occupied by Tenant was so takenBuilding to conform to the taking, acquisition, or changed grade or configuration, Landlord may elect shall have the right to terminate this Lease after having given written notice of termination to Tenant not less than ninety (except with regard to (a90) items occurring days prior to the taking and (b) provisions date of this Lease thattermination designated in the notice. In either of said events, by their express terms, survive Rent at the expiration or earlier termination hereof) then current rate shall be apportioned as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use the date of the unappropriated portion for purposes of renting space termination. No money or other consideration shall be payable by Landlord to Tenant for the Permitted Use. 22.3. right of termination and Tenant shall be have no right to share in the condemnation award or in any judgment for damages caused by the taking or the change of grade. However, nothing in this paragraph shall preclude Tenant from independently seeking an award from the authority for any damages or relocation benefits which Tenant is entitled to any under governing law, provided that such separate award that is specifically awarded as compensation for (a) shall not reduce the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of or judgment recoverable by Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Office/Service Center Lease (Yesmail Com Inc)

Eminent Domain. 22.1. In the event (a) If the whole or a material portion of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), or if the owner elects to convey title to the condemnor by a deed in lieu of condemnation, or if all or any lawful power or authority by exercise portion of the right of appropriationProperty are so taken, condemnation condemned or eminent domainconveyed and as a result thereof, or sold to prevent such takingin Landlord’s reasonable judgment, Tenant or Landlord may terminate the Premises cannot be used for Tenant’s Permitted Use as set forth herein, then this Lease effective shall cease and terminate as of the date possession is required to when title vests in such governmental or quasi-governmental authority and Base Rent and Additional Rent shall be surrendered to abated on the date when such title vests in such governmental or quasi-governmental authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of If less than a partial taking material portion of the Premises shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose by (including sale under threat of such a taking), Base Rent and Additional Rent shall be equitably abated on the date when such title vests in such governmental or quasi-governmental authority and this Lease shall otherwise continue in full force and effect. In any lawful power or authority by exercise of right of appropriationcase, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether Tenant shall have no claim against Landlord for any portion of the Premises occupied by Tenant was so taken, Landlord amount that may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease damages as a result of any damage governmental or destructionquasi-governmental taking or condemnation (or sale under threat or such taking or condemnation); and all rights of Tenant to damages therefor are hereby assigned by Tenant to Landlord. The foregoing shall not, however, deprive Tenant of any separate award for moving expenses, dislocation damages or for any other award which would not reduce the award payable to Landlord. As used herein, “material portion of the Premises” shall mean such amount that, in Landlord’s or Tenant’s reasonable judgment, would render the Premises untenantable for the normal conduct of Tenant’s business.

Appears in 1 contract

Sources: Lease Agreement (Aldeyra Therapeutics, Inc.)

Eminent Domain. 22.1. In the event (a) If the whole of the Premises premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use building shall be taken for by any public or quasi-public purpose by any lawful authority under the power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such takingby deed in lieu thereof, Tenant or Landlord may terminate then the term of this Lease effective shall cease as of the date day possession is required shall be taken by such public authority and the rent and other charges due hereunder, shall be paid up to be surrendered to that day with a proportionate refund by public authority of such authority, except with regard to (y) items occurring prior rent as may have been paid in advance for a period subsequent to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking date of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion . If less than the whole of the Premises occupied by Tenant was so takenpremises or the building shall be taken under eminent domain and such taking will materially interfere with tenant's ability to conduct business in the premises, Landlord may elect tenant shall have the option to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use possession of the unappropriated portion for purposes remainder of renting space for the Permitted Use. 22.3premises. Tenant shall notify public authority in writing within 30 days after such taking of public authority. If tenant elects to remain in possession, all of the terms herein provided shall continue in effect, except that the rental shall be entitled reduced in proportion to any award that is specifically the amount of the Building, if any, taken. If this Lease continues, public authority shall, at its expense, make all necessary repairs or alterations to the building, as such existed at the commencement date, subject to ordinary wear and tear since said date, so as to constitute the remaining building a complete architectural unit. However, in no event shall public authority bear the cost of tenant's merchandise, trade fixtures, furnishings, or operating equipment and personal property. All damages awarded for such taking under the power of eminent domain, whether for the whole or a part of the premises, shall belong to and be the property of Landlord whether such damages shall be awarded as compensation for (a) diminution in value to the taking leasehold or to the fee of Tenant's personal property that was installed at Tenant's expense and (b) the costs of premises. Tenant moving to a new location. Except may pursue its own claims for damages with the appropriate government authority so long as set forth same does not interfere with, or in any manner diminish, the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Verso Technologies Inc)

Eminent Domain. 22.1. In If the event (a) the whole Building Complex, or a substantial part thereof, or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Leased Premises, shall be lawfully taken or condemned (or conveyed under threat of such taking or condemnation) for any public or quasi-public purpose by any lawful power use or authority by exercise purpose, the Term of this Lease shall end upon, and not before, the date of the right taking of appropriationpossession by the condemning authority, condemnation or eminent domainand without apportionment of the award. Tenant hereby assigns to Landlord ▇▇▇▇▇▇’s interest, or sold to prevent if any, in such taking, Tenant or Landlord may terminate this Lease effective award. Current Rent shall be apportioned as of the date possession of such termination. If any part of the Building Complex, other than the Leased Premises, not constituting a substantial part of the Building Complex, shall be so taken or condemned (or conveyed under threat of such taking or condemnation), or if the grade of any street adjacent to the Building Complex is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to be surrendered substantially remodel, replace or restore any part of the Building Complex, Landlord shall have the right to such authority, except with regard to cancel this Lease upon not less than ninety (y90) items occurring calendar days’ notice prior to the taking date of cancellation designated in the notice. No money or other consideration shall be payable by Landlord to Tenant for the right of cancellation, and (z) provisions Tenant shall have no right to share in any condemnation award, or in any judgment for damages, or in any proceeds of this Lease that, by their express terms, survive the expiration any sale made under any threat of condemnation or earlier termination hereof. 22.2taking. In the event of a partial taking of this Lease is not canceled, the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, thenLease shall continue in full force and effect, without regard abatement or reduction of rental due hereunder. Notwithstanding the foregoing, nothing contained herein shall prevent Tenant from commencing a separate proceedin g against the condemning authority to whether recover any portion of the Premises occupied by Tenant was so taken, Landlord award it may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage such taking or destructioncondemnation.

Appears in 1 contract

Sources: Lease Agreement

Eminent Domain. 22.1. In the event (a) If the whole or any part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose use by any lawful a governmental authority under the power of eminent domain or shall be conveyed to a governmental authority by exercise in lieu of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, and if such taking or conveyance shall cause the remaining part of the Premises to be untenantable and inadequate for use by Tenant or Landlord may for the purpose for which they were leased, then Tenant may, at its option, terminate this Lease effective as of the date possession Tenant is required to be surrendered to such authority, except with regard to (y) items occurring prior to surrender possession of the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2Premises. In the event of If a partial taking part of the Premises shall be taken or conveyed but the remaining part is tenantable and adequate for any public Tenant's use, then this Lease shall be terminated as to the part taken or quasi-public purpose by any lawful power conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole conveyed tenantable; and the rent shall he reduced in proportion to prevent such taking, then, without regard to whether any portion the part of the Premises occupied by Tenant was so takentaken or conveyed, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically All compensation awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking or conveyance shall be the property of Landlord without any deduction therefrom for any present or future estate of Tenant, and Tenant hereby assigns to Landlord all its right, title and interest in and to any such award. However, Tenant shall have the right to recover from the governmental authority, but not from Landlord. 22.4. If, upon any taking such compensation as may be awarded to Tenant on account of the nature described in this Sectioninterruption of Tenant's business, this Lease continues in effect, then Landlord shall promptly proceed moving and relocation expenses and depreciation to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss removal of any portion of the Premises no longer available to Tenant's trade fixtures and personal property. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease (Early Detect)

Eminent Domain. 22.1. In the event (a) case the whole of the Premises Premises, or (b) such part thereof as shall that substantially interfere interferes with Tenant's the reasonable use and occupancy of the Premises for the Permitted Use storage and parking purposes, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may either party shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to . Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking and (z) provisions Landlord shall be entitled to receive the entire amount of this Lease that, by their express terms, survive the expiration any award without deduction for any estate or earlier termination hereof. 22.2interest of Tenant. In the event the amount of a partial taking property or the type of estate taken shall not substantially interfere with the reasonable use of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so takenstorage and parking purposes, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to the entire amount of the award without deduction for any award that is specifically awarded as compensation for (a) the taking estate or interest of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving . If there is no substantial interference or if there is substantial interference, but neither party elects to a new location. Except as set forth in the previous sentenceterminate, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their the same condition as the Premises existed prior to such partial taking. To , to the extent such restoration is infeasiblepossible by application of the condemnation proceeds only, as determined by Landlord in its sole and absolute discretion, the Rent a proportionate allowance shall be decreased proportionately made to reflect Tenant for the loss of any portion rent corresponding to the time during which, and to the part of the Premises no longer available of which Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Section shall be deemed to give Landlord any interest in any award made to Tenant for the taking of personal property and fixtures belonging to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive Each party waives the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.California Code

Appears in 1 contract

Sources: Commercial Lease Agreement

Eminent Domain. 22.1. In the event (a) case the whole of the Premises Premises, or (b) such part thereof as as, in the reasonable determination of Landlord, shall substantially interfere with Tenant's use and occupancy occupation thereof, or such portion of the Premises for Building or Project as, in the Permitted Use reasonable determination of Landlord, shall substantially interfere with Landlord's ability to perform its obligations under this Lease, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or be sold in lieu of or to prevent such taking, Tenant or Landlord may either party shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event case of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any a portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking isPremises, in the event the amount of property or the type of estate taken shall not, in the reasonable determination of Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of substantially interfere with the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking conduct of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentencebusiness, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To taking (less the extent portion thereof lost in such restoration is infeasiblecondemnation), as determined by Landlord in its sole and absolute discretion, the Base Rent and Tenant's Share shall be decreased proportionately to reflect reduced by the loss of any portion of the Premises no longer available which Tenant shall have been deprived of on account of said taking, effective as of the date possession is required to Tenant. 22.5be surrendered to the condemning authority. This Section 22 sets forth In the terms and conditions upon which event, however, that such taking is for temporary use only for a period of less than ninety (90) days, this Lease may terminate shall continue in the event full force and effect, and Tenant shall continue to comply with all of any damage or destruction. Accordingly, the parties hereby waive the provisions hereof, except as such compliance shall be rendered impossible or impracticable by reason of any Applicable Laws (such temporary taking. Rent shall ▇▇▇▇▇ during the course of a temporary taking of the Premises or a portion thereof to the extent and any successor statutes) permitting for the parties to terminate this Lease as a result period of any damage time that the Premises or destructionportion thereof so taken shall have been rendered untenantable.

Appears in 1 contract

Sources: Lease (Sedona Corp)

Eminent Domain. 22.1. In If the event (a) the whole Building, or a substantial part thereof, or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Premises, shall be lawfully taken or condemned (or conveyed under threat of such taking or condemnation) for any public or quasi-public purpose by any lawful power use or authority by exercise purpose, the Term of this Lease shall end upon, and not before, the date of the right taking of appropriationpossession by the condemning authority, condemnation or eminent domainand without apportionment of the award. Tenant hereby assigns to Landlord Tenant's interest, or sold to prevent if any, in such taking, Tenant or Landlord may terminate this Lease effective award. Current Rent shall be apportioned as of the date possession of such termination. If any part of the Building, other than the Premises or not constituting a part of the Premises, shall be so taken or condemned (or conveyed under threat of such taking or condemnation), or if the grade of any street adjacent to the Building is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to be surrendered substantially remodel or restore the Building, Landlord shall have the right to such authority, except with regard to cancel this Lease upon not less than ninety (y90) items occurring days' notice prior to the taking date of cancellation designated in the notice. No money or other consideration shall be payable by Landlord to Tenant for the right of cancellation, and (z) provisions Tenant shall have no right to share in any condemnation award, or in any judgment for damages, or in any proceeds of this Lease that, by their express terms, survive the expiration any sale made under any threat of condemnation or earlier termination hereof. 22.2taking. In the event this Lease is not canceled, the Lease shall continue in full force and effect, without abatement or reduction of rental due hereunder. Notwithstanding the above, Tenant shall have the right to make a partial taking of the Premises separate claim for any public moving or quasi-public purpose by relocation expenses associated with any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior domain proceedings relating to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted UsePremises. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Standard Building Lease (Bourbon Brothers Holding Corp)

Eminent Domain. 22.121.1. In the event (a) the whole of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.221.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s 's sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.321.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.421.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.521.5. This Section 22 21 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Innovative Industrial Properties Inc)

Eminent Domain. 22.1. In If the event (a) the whole entire Premises are at any time after execution of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be this Lease taken for any by public or quasi-public purpose by any lawful power use or authority by exercise of the right of appropriation, condemnation or condemned under eminent domain, or sold then this Lease shall terminate and expire effective the date of such taking and any rent paid in advance and any unearned charges shall be refunded to prevent Tenant by Lessor on such taking, date. Tenant or Landlord may shall have the right to terminate this Lease effective and to receive from Lessor an appropriate refund of rent paid in advance and unearned charges if, as a result of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration eminent domain proceeding or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public other governmental or quasi-public purpose by any lawful power or authority by exercise of right of appropriationaction, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by or a material portion of the parking or access area serving the Premises is taken. Should Tenant was so elect to remain in the Premises after any partial taking, then rent and other charges shall be reduced for the remainder of the term thereafter in proportion to the floor area of the Premises taken, Landlord may elect and/or reduced by a mutually agreeable equitable amount for any non-building area taken and Lessor shall promptly repair and restore the Premises as nearly as possible to terminate this Lease (except with regard their prior condition. Tenant shall not be entitled to (a) items occurring prior damages for the taking of its leasehold estate or the diminution of the value thereof, provided, if Tenant has made any leasehold improvements to the taking and (b) provisions Premises or material alterations, structural changes or repairs thereto at its own expenses, regardless of this Lease thatwhen made, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any claim an award that is specifically awarded as compensation for (a) the taking unamortized balance of Tenant's personal property that was installed at Tenant's expense and (b) cost thereof provided the costs of condemning authority makes a separate award therefor. In addition, Tenant moving shall be entitled to a new location. Except as set forth in the previous sentence, any claim an award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available business, damage to Tenantmerchandise and fixtures, removal and reinstallation costs and moving expenses. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease (Corporate Property Associates 14 Inc)

Eminent Domain. 22.1. In the event (a) the whole Either party may terminate this Lease if any material part of the Premises is taken or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken condemned for any public or quasi-public purpose use under Law, by any lawful power eminent domain or authority by exercise of private purchase in lieu thereof (a “Taking”). Landlord shall also have the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease if there is a Taking of any portion of the Building or Project which would have a material adverse effect on Landlord’s ability to profitably operate the remainder of the Building or Project. The termination shall be effective as of the effective date of any order granting possession is required to be surrendered to such to, or vesting legal title in, the condemning authority, except with regard to (y) items occurring prior to the taking and (z) provisions of . If this Lease thatis not terminated, by their express terms, survive Basic Rent and Tenant’s Share of Operating Expenses shall be appropriately adjusted to account for any reduction in the expiration or earlier termination hereof. 22.2. In the event of a partial taking square footage of the Premises Building or Premises. All compensation awarded for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking Taking shall be the property of Landlord. 22.4. IfLandlord and the right to receive compensation or proceeds in connection with a Taking are expressly waived by Tenant; provided, upon any taking however, Tenant may file a separate claim for Tenant’s personal property and Tenant’s reasonable relocation expenses, provided the filing of the nature described in this Section, claim does not diminish the amount of Landlord’s award. If only a part of the Premises is subject to a Taking and this Lease continues in effectis not terminated, then Landlord shall promptly proceed to Landlord, with reasonable diligence, will restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any remaining portion of the Premises no longer available as nearly as practicable to Tenant. 22.5the condition immediately prior to the Taking. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive Tenant agrees that the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result shall govern any Taking and shall accordingly supersede any contrary statute or rule of any damage or destructionlaw.

Appears in 1 contract

Sources: Lease Agreement (Netlist Inc)

Eminent Domain. 22.1. In the event (a) the whole If all or any part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be either taken or condemned for any public or quasi-public purpose by any lawful power use or authority by exercise of the right of appropriation, condemnation or eminent domainpurpose, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except transferred by agreement in connection with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public use or purpose by with or without any lawful power condemnation action or authority by exercise proceeding being instituted (either such event herein called a "TAKING"), and if such Taking is permanent the Term shall automatically terminate with respect to the part of right the Premises so Taken as of appropriation, condemnation, the date when the possession of such part is required. If all or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by is subject to a temporary Taking, this Lease shall remain in full force and effect and Tenant was shall continue to perform all terms, conditions and covenants of this Lease. If a portion of the Premises or Building is taken so takenas to require, in Landlord's reasonable judgment, a substantial alteration or reconstruction of the remaining portions, Landlord, at its sole election, may terminate this Lease as of the date when possession of the part so Taken is required. Without obligation to Tenant, Landlord may elect agree to terminate transfer to any condemnor all or any portion of the Building sought by such condemnor, free from this Lease and the rights of Tenant hereunder, without first requiring that any action or proceeding be instituted or, if instituted, pursued to a judgment. (except with regard b) Landlord shall be entitled to the entire award made to it for any Taking, provided, however, that: (a) items occurring prior Landlord shall have no interest in any award made to Tenant specifically for its relocation expenses, the taking Taking of personal property or fixtures belonging to Tenant, or the interruption of or a damage to Tenants business, if any such award is made separately to Tenant and not as a part of an award or damages recoverable by Landlord, and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to receive the entire award made in connection with any award that is specifically awarded as compensation for (a) temporary Taking allocable to the taking of Tenant's personal property that was installed at Tenant's expense and (b) period prior to the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking expiration of the nature described in this Section, this Lease continues in effect, then Term (c) Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties Tenant hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting California Code of Civil Procedure Section 1265.130 to the parties to terminate extent that such provisions are inconsistent with this Lease as a result of any damage or destructionLease.

Appears in 1 contract

Sources: Office Lease (Hambrecht & Quist Group)

Eminent Domain. 22.1. In the event (a) the whole A. If all or a material or significant portion of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose use under any governmental law, ordinance, or regulation or by any lawful power right of eminent domain or shall be sold to the condemning authority by exercise under threat of condemnation, or if a part of the right of appropriationPremises is so taken or sold so that the Premises cannot, condemnation or eminent domainafter restoration, be economically used for its current uses, or sold if the Premises cannot be restored within one hundred twenty (120) days after such a taking or sale to prevent such takingmake the same tenantable and economically suitable for the current use, Tenant or Landlord may terminate then this Lease effective shall terminate as of the date possession is required to of such taking or sale, and Tenant shall be surrendered to such authority, except with regard to (y) items occurring liable hereunder only for Rent and other amounts hereunder due and payable prior to the time of such taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereofsale. 22.2. In the event of B. If less than a partial taking material or significant part of the Premises shall be taken for any public or quasi-public purpose use under any governmental law, ordinance, or regulation or by any lawful power or authority by exercise of right of appropriationeminent domain or shall be sold to the condemning authority under threat of condemnation and the Premises can be economically used for the current use, condemnationthen this Lease shall continue in full force and effect, and Landlord shall, at its sole cost and expense, restore and reconstruct the Premises in all reasonable promptness, to the extent of available proceeds from such eminent domain action and, in any event, within one hundred twenty (120) days from the date of such taking or eminent domainsale, or sole subject to prevent such takingextension for Force Majeure, then, without regard to whether any make the same tenantable and economically suitable for the current use of the Premises. Rent payable for the unexpired portion of the Premises occupied by Tenant was so takenLease term shall be adjusted equitably. C. For any condemnation that occurs during the Term, Landlord and Tenant shall each be entitled to receive such separate awards and portions of lump-sum awards as may elect be allocated to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions their respective interests in such condemnation proceedings. The termination of this Lease that, by their express terms, survive shall not affect the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use rights of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the respective parties to terminate this Lease as a result of any damage or destructionthose awards.

Appears in 1 contract

Sources: Lease Agreement (Great Lakes Dredge & Dock CORP)

Eminent Domain. 22.1. In If the event (a) the whole Building, or a substantial part thereof or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use Premises, shall be lawfully taken or condemned or conveyed in lieu thereof, (or conveyed under threat of such taking or condemnation), for any public or quasi-public purpose use or purpose, the term of this Lease shall end upon and not before the date of the taking of possession by the condemning authority and without apportionment of the award. Tenant hereby assigns to Landlord ▇▇▇▇▇▇’s interest, if any, in such award and specifically agrees that any lawful power or authority by exercise such award shall be the entire property of Landlord in which Tenant shall not be entitled to share. Tenant further waives any right to challenge the right of appropriation, condemnation or eminent domain, or sold the condemning authority to prevent proceed with such taking, Tenant or Landlord may terminate this Lease effective Current rent shall be apportioned as of the date possession of such termination. If any part of the Building other than the Premises or not constituting a substantial part of the Premises, shall be so taken or condemned (or conveyed under threat of such taking or condemnation), or if the grade of any street adjacent to the Building is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to be surrendered substantially remodel or restore the Building, Landlord shall have the right to such authority, except with regard to cancel this Lease upon not less than ninety (y90) items occurring days notice prior to the taking and (z) provisions date of this Lease that, cancellation designated in the notice. No money or other consideration shall be payable by their express terms, survive Landlord to Tenant for the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriationcancellation, condemnation, and Tenant shall have no right to share in any condemnation award or eminent domain, in any judgment for damages or sole to prevent such in any proceeds of any sale made under any threat of condemnation or taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled have the right to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any separately pursue its own award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate relocation expenses in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destructionsuch condemnation proceedings.

Appears in 1 contract

Sources: Lease Agreement (Crescent Banking Co)

Eminent Domain. 22.121.1. In the event (a) the whole of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.221.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s 's sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.321.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property or trade fixtures that was were purchased or installed at Tenant's expense expense, including without limitation, any crops or inventory at the Property and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.421.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.521.5. This Section 22 21 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Innovative Industrial Properties Inc)

Eminent Domain. 22.1. 13.01 In the event (a) that the whole or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be condemned or taken in any manner for any public or quasi-public purpose by any lawful power use (or authority by exercise sold under threat of such taking), and as a result thereof, the remainder of the right of appropriation, condemnation or eminent domain, or sold Premises cannot be used for the same purpose as prior to prevent such taking, Tenant or Landlord may terminate this Lease effective shall terminate as of the date possession is required taken; provided, however, if Landlord elects to make comparable space in the Building available to Tenant under the same Rent and terms as herein provided, Tenant shall accept such space and this Lease shall then apply to such space. 13.02 If less than a substantial part of the Premises shall be surrendered so condemned or taken (or sold under threat thereof) and after such taking the Premises can be used for the same purposes as prior thereto, this Lease shall cease only as to the part so taken as of the date possession shall be taken by such authority, except and Tenant shall pay full Rent up to that date (with regard to (y) items occurring prior appropriate refund by Landlord of such Rent attributable to the taking part so taken as may have been paid in advance for any period subsequent to the date possession is taken) and (z) provisions thereafter Monthly Base Rent and Adjustments shall be equitably adjusted to reflect the reduction in the Premises by reason of this Lease thatsuch taking. Landlord shall, by their express termsat its expense, survive make all necessary repairs or alterations to the expiration Building so as to constitute the remaining Premises a complete architectural unit, provided that Landlord shall not be obligated to undertake any such repairs or earlier termination hereofalterations if the cost thereof exceeds the award resulting from such taking. 22.2. In the event of a partial taking 13.03 If part of the Premises for Building shall be so condemned or taken (or sold under threat thereof), or if any adjacent property or street shall be condemned or improved by a public or quasi-public purpose by authority in such a manner as to alter the use of any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion part of the Premises occupied by Tenant was so takenor the Building and, in the opinion of Landlord, the Building or any part thereof should be altered, demolished or restored in such a way as to materially alter the Premises, Landlord may elect to terminate this Lease by notifying Tenant of such termination within sixty (except with regard to (a60) items occurring prior to days following the taking of possession by such public or quasi-public authority, and (b) provisions of this Lease thatshall expire on the date specified in the notice of termination, by their express termswhich shall be not less than sixty (60) days after the giving of such notice, survive as fully and completely as if such date were the date hereinbefore set forth as the expiration or earlier termination hereof) of the Term, and the Monthly Base Rent and Adjustments hereunder shall be apportioned as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Usedate. 22.3. Tenant 13.04 Landlord shall be entitled to any award that is specifically awarded as compensation receive the entire award, including the damages for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property taken and damages to the remainder, with respect to any condemnation proceedings affecting the Building. Tenant agrees not to make any claim against Landlord or the condemning authority for any portion of Landlord. 22.4. Ifsuch award or compensation, upon whether attributable to the value of any taking unexpired portion of the nature described in this SectionTerm, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of profits, goodwill, leasehold improvements or otherwise, Tenant irrevocably assigning any portion of the Premises no longer available and all such claims to TenantLandlord. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Office Space Lease (2 Infinity Inc)

Eminent Domain. 22.1. In If the event (a) Building, the whole land underlying the Building or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be lawfully taken or condemned for any public or quasi-public purpose by any lawful power use or authority by exercise purpose, the Term shall end upon, and not before, the date of the taking of possession by the condemning authority, and without apportionment of the award. Tenant shall have the right to pursue an award for the value of appropriationits loss of its leasehold interest, condemnation or eminent domainalterations, or sold to prevent such takingand any moving costs, Tenant or Landlord may terminate this Lease effective if applicable. The Total Rent shall be apportioned as of the date possession of such termination. If any part of the Building, other than the Premises, or less than a substantial part of the Premises shall be taken or condemned, which taking materially interferes with Landlord’s operation of the Building, or if the grade of any street or alley adjacent to the Building is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to be surrendered substantially remodel or restore the Building, Landlord shall have the right to such authority, except with regard to cancel this Lease upon not less than ninety (y90) items occurring days’ notice prior to the date of cancellation designated in the notice, but only if Landlord simultaneously terminates all other similarly affected tenancies and/or licenses in the Building. If a substantial part of the Premises shall be taken or condemned, which taking and (z) provisions materially interferes with Tenant’s use of the Premises for its business purposes, Tenant shall have the right to cancel this Lease thatupon not less than ninety (90) days’ notice prior to the date of cancellation designated in the notice. No money or other consideration shall be payable by Landlord to Tenant for the right of cancellation, and, except as stated above, Tenant shall have no right to share in the condemnation award (or in any judgment for damages caused by their express terms, survive the expiration or earlier termination hereof. 22.2change of grade). In the event of Landlord or Tenant does not cancel the Lease as aforesaid, Landlord shall rebuild the Building or the Premises, as the case may be, and in the event a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so takenis taken or condemned, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to Total Rent shall ▇▇▇▇▇ on a proportionate basis from the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as date of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Useor condemnation. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Enova International, Inc.)

Eminent Domain. 22.1. In the event (a) the whole A. If a portion of the Premises Building or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use demised premises shall be lawfully taken or condemned for any public or quasi-public use of purpose by any lawful power or authority by exercise conveyed under threat of such condemnation, and as a result thereof the premises cannot be used for the same purpose and with the same utility as before such taking or conveyance, the terms of this Lease shall end upon, and not before, the date of the right taking of appropriationpossession by the condemning authority and without apportionment of the award. Tenant hereby assigns to the Landlord, condemnation Tenant's interest in such award, if any. Nothing contained in this paragraph 14 shall prohibit Tenant from maintaining a separate cause of action against the condemning authority for loss of personal property or eminent domainrelocation expenses, or sold to prevent provided that such taking, Tenant or Landlord may terminate this Lease effective action does not adversely affect Landlord's recovery against such condemning authority. Current rent shall be apportioned as of the date possession is required to of such termination. If any part of the Building shall be surrendered to such authorityso taken or condemned, except with regard to (y) items occurring prior or if the grade of any street or alley adjacent to the Building is changed by any competent authority and such taking and (z) provisions or change of grade makes it necessary or desirable to demolish, substantially remodel, or restore the Building, the Landlord shall have the right to cancel this Lease that, by their express terms, survive upon not less than ninety (90) days prior notice to the expiration or earlier termination hereofdate of cancellation designed in the notice. 22.2. In the event of B. If a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied premises shall be lawfully taken or condemned or conveyed under threat of condemnation but thereafter the premises can be used by Tenant was so takenfor the same purpose and with substantially the same utility, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall not be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed terminated at Tenant's expense option and (b) Landlord shall repair the costs of Tenant moving premises, and the Lease shall be amended to a new location. Except as set forth reduce the Tenant's Proportion and Base Rent in the previous sentence, any award for such taking proportion of the amount taken. No money or other consideration shall be payable by the property Landlord to the Tenant for any right of Landlordcancellation or temporary taking, and the Tenant shall have no right to share in any condemnation award or in any judgement for damages caused by a change of grade. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Industrial Space Lease (Griffith Micro Science International Inc)

Eminent Domain. 22.1. In If the event (a) the whole Building, or a substantial part thereof or a substantial part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use PREMISES, shall be lawfully taken or condemned or conveyed in lieu thereof, (or conveyed under threat of such taking or condemnation), for any public or quasi-public purpose use or purpose, the term of this Lease shall end upon and not before the date of the taking of possession by the condemning authority and without apportionment of the award. TENANT hereby assigns to LANDLORD TENANT'S interest, if any, in such award and specifically agrees that any lawful power or authority by exercise such award shall be the entire property of LANDLORD in which TENANT shall not be entitled to share. TENANT further waives any right to challenge the right of appropriation, condemnation or eminent domain, or sold condemning authority to prevent proceed with such taking, Tenant or Landlord may terminate this Lease effective . Current rent shall be apportioned as of the date possession of such termination. If any part of the Building other than the PREMISES or not constituting a substantial part of the PREMISES, shall be so taken or condemned (or conveyed under threat of such taking or condemnation), or if the grade of any street adjacent to the Building is required changed by any competent authority and such taking or change of grade makes it necessary or desirable to be surrendered substantially remodel or restore the Building, LANDLORD shall have the right to such authority, except with regard to cancel this Lease upon not less than ninety (y90) items occurring days notice prior to the taking and (z) provisions date of this Lease that, cancellation designated in the notice. No money or other consideration shall be payable by their express terms, survive LANDLORD to TENANT for the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriationcancellation, condemnation, and TENANT shall have no right to share in any condemnation award or eminent domain, in any judgment for damages or sole in any proceeds of any sale made under any threat of condemnation or taking. TENANT shall have the right to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any separately pursue its own award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole relocation expenses and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate trade fixtures in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destructionsuch condemnation proceedings.

Appears in 1 contract

Sources: Sublease (Clark/Bardes Holdings Inc)

Eminent Domain. 22.1. In If the event whole, or any substantial (aas reasonably determined by Landlord) the whole portion, of the Premises Property is taken or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken condemned for any public use under any Law or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to by private purchase in lieu thereof, and such taking would prevent such takingor materially interfere with the Permitted Use of the Premises, Tenant or Landlord may terminate this Lease shall terminate effective as of when the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial physical taking of the said Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriationoccurs. Additionally, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether if any portion of the Premises occupied or parking is taken or condemned for any public use under any Law or by right of eminent domain, or by private purchase in lieu thereof, and such taking would materially interfere with the Permitted Use of the Premises, in Tenant’s reasonable determination, or reduce the number of parking spaces below the applicable number of spaces required for the Property by applicable Law, then Tenant was so taken, Landlord may shall have the right to terminate this Lease by giving written notice to Landlord. If Tenant does not elect to terminate this Lease or if less than a substantial portion of the Property is so taken or condemned, or if the taking or condemnation is temporary (except with regard to (a) items occurring prior regardless of the portion of the Property affected), this Lease shall not terminate, but the Rent payable hereunder shall be proportionally abated to the taking and (b) provisions extent of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as any actual loss of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for Premises by Tenant and Landlord shall restore the Permitted Use. 22.3Premises and Property as nearly as possible to the condition existing immediately prior to such taking. Tenant Landlord shall be entitled to any award that is specifically awarded as compensation and all payment, income, rent or award, or any interest therein whatsoever, which may be paid or made in connection with such a taking or conveyance, and Tenant shall have no claim against Landlord for (a) the taking value of Tenant's personal property that was installed at Tenant's expense and (b) any unexpired portion of this Lease. Notwithstanding the costs of Tenant moving to a new location. Except as set forth in the previous sentenceforegoing, any award compensation specifically and independently awarded to Tenant for such taking loss of business or goodwill, relocation or moving expenses, or for its personal property, shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Industrial Building Lease (Datalink Corp)

Eminent Domain. 22.1. In the event (a) case the whole of the Premises Premises, or (b) such part thereof as shall substantially interfere with the Tenant's use and occupancy of the Premises for the Permitted Use thereof, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or be sold to prevent under threat of such taking, the Tenant or the Landlord may at its or his option terminate this Lease effective as of the date possession is required to be surrendered pursuant to such authoritytaking or sale, except with regard to (y) items occurring prior to Tenant shall not because of such taking by sale asset any claim against the Landlord or the taking authority for any compensation because of such taking or sale, and (z) provisions Landlord shall be entitled to receive the entire amount of this Lease that, by their express terms, survive the expiration any award without deduction for any estate or earlier termination hereof. 22.2interest of Tenant. In the event the amount of a partial taking property or the type of estate taken shall not substantially interfere with the Premises for any public or quasi-public purpose by any lawful power or authority by exercise conduct of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so takenTenant's business, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to the entire amount of the award without deduction for any award that is specifically awarded as compensation for (a) the taking estate or interest of Tenant's personal property that was installed , and Landlord at Tenant's expense and (b) the costs of Tenant moving to a new locationhis option may terminate this Lease. Except as set forth in the previous sentenceIf Landlord does not so elect, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent a proportionate allowance shall be decreased proportionately made to reflect Tenant for the loss of any portion rent corresponding to the time during which, and to the part of the Premises no longer available of which, Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Article shall be deemed to give Landlord any interest in any award made to Tenant for the taking of personal property and fixtures belonging to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Office Space Lease (Acubid Com Inc)

Eminent Domain. 22.1. In the event (a) the whole If all or any substantial part of the Building or Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall should be taken for any public or quasi-public purpose use under governmental law, ordinance, or regulation, or by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such takingby private purchase in lieu thereof, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to and the taking and (z) provisions of this Lease that, by their express terms, survive would prevent or materially interfere with the expiration or earlier termination hereof. 22.2. In the event of a partial taking use of the Premises for the purpose for which it is then being used, this Lease shall terminate effective when the physical taking shall occur in the same manner as if the date of such taking were the date originally fixed in this Lease for the expiration of the Lease Term. (b) If part of the Building or Premises is taken for any public or quasi-public purpose use under any governmental law, ordinance, or regulation, or by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole by private purchase in lieu thereof, and this Lease is not terminated as provided in Subparagraph (a) above this Lease shall not terminate but the Base Rental payable hereunder during the unexpired portion of this Lease shall be reduced to prevent such takingextent, thenif any, without regard as may be fair and reasonable under all of the circumstances, and Landlord shall undertake to whether any portion restore the Building and Premises to a condition suitable for Tenant's use, as near to the condition thereof immediately prior to such taking as is reasonably feasible under all circumstances. (c) All compensation awarded or paid upon a total or partial taking of the Premises occupied or the Building shall belong to and be the Property of Landlord without participation by Tenant. Nothing herein shall be construed to preclude Tenant from prosecuting and claim directly against the condemning authority solely for loss of business, damage to, and cost of removal of trade fixtures, furniture and other personal property belonging to Tenant; provided, however, that no such claim shall diminish or adversely affect Landlord's award. (d) Notwithstanding anything to the contrary contained in this Paragraph 5.8, if during the Lease Term the use or occupancy of any part of the Building or Premises shall be taken or appropriated temporarily for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, this Lease shall be and remain unaffected by such taking or appropriation, and Tenant shall continue to pay in full all rent payable hereunder by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to during the taking and (b) provisions term of this Lease thatLease; in the event of any such temporary appropriation or taking, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to receive that portion of any award that is specifically awarded as which represents compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion use or occupancy of the Premises no longer available during the term of this Lease, and Landlord shall be entitled to Tenant. 22.5. This Section 22 sets forth receive that portion of any award which represents the terms cost of restoration and conditions upon which compensation for the loss of use or occupancy of the Premises after the end of the term of this Lease may terminate in and of the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destructionBuilding.

Appears in 1 contract

Sources: Lease Agreement (E3 Corp)

Eminent Domain. 22.1. In the event (a) the whole A. If a portion of the Premises Building, or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use demised premises, shall be lawfully taken or condemned for any public or quasi-public use or purpose, or conveyed under threat of such condemnation, and as a result thereof, the premises cannot be used for the same purpose by any lawful power and with the same utility as before such taking or authority by exercise conveyance, the terms of this Lease shall end upon, and not before, the date of the right taking of appropriationpossession by the condemning authority, condemnation or eminent domainand without apportionment of the award. Tenant hereby assigns to the Landlord, or sold to prevent ▇▇▇▇▇▇'s interest in such takingaward, Tenant or Landlord may terminate this Lease effective if any. Current rent shall be apportioned as of the date possession is required to of such termination. If any part of the Building shall be surrendered to such authorityso taken or condemned, except with regard to (y) items occurring prior or if the grade of any street or alley adjacent to the Building is changed by any competent authority and such taking and (z) provisions or change of grade makes it necessary or desirable to demolish, substantially remodel, or restore the Building, the Landlord shall have the right to cancel this Lease that, by their express terms, survive upon not less than ninety (90) days' prior notice to the expiration or earlier termination hereofdate of cancellation designed in the notice. 22.2. In the event of B. If a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied premises shall be lawfully taken or condemned or conveyed under threat of condemnation but thereafter the premises can be used by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) same purpose and with substantially the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Sectionsame utility, this Lease continues in effect, then shall not be terminated by Landlord and Landlord shall promptly proceed to restore repair the Premises to substantially their same condition prior to such partial taking. To premises, and the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent Lease shall be decreased proportionately amended to reflect reduce the loss of any portion Tenant's Proportion and Base Rent in the proportion of the Premises amount taken. No money or other consideration shall be payable by the Landlord to the Tenant for any right of cancellation or temporary taking, and the Tenant shall have no longer available right to Tenantshare in any condemnation award or in any judgment for damages caused by a change of grade. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Office Lease (Medialink Worldwide Inc)

Eminent Domain. 22.1. In the event (a) If the whole of the Premises Building or (b) Premises, or such part portion thereof as shall substantially interfere with Tenant's use and occupancy of will make the Building or Premises unusable for the Permitted Use shall be their intended purposes, is condemned or taken by any legally constituted authority for any public use or quasi-public purpose by any lawful power purpose, then in either of said events, Landlord or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective by written notice to the other party and the Term hereby granted shall cease from that time when possession thereof is taken by the condemning authorities, and Rent shall be accounted for as between Landlord and Tenant as of that date. If a portion of the date possession Building or Premises is required so taken, but not such amount as will make the Building or Premises unusable for the purposes herein leased, or if neither Landlord nor Tenant elects to terminate this Lease, this Lease shall continue in full force and effect and the Rent shall be surrendered to such authority, except with regard to (y) items occurring prior reduced prorata in proportion to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking amount of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, and Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior shall, to the taking extent reasonably feasible, restore the Building and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior its former condition, but such work shall not include (i) any component of the Building or the Premises for which Tenant is required to maintain insurance under Section 22 or any alterations, additions or improvements to the Premises made by Tenant following the date hereof. Further Landlord shall not be required to spend any amounts for such partial taking. To work in excess of the extent such restoration is infeasible, as determined amount received by Landlord in its sole connection with such condemnation. Tenant shall have no right or claim to any part of any award made to or received by Landlord for such condemnation or taking, and absolute discretion, the Rent all awards for such condemnation or taking shall be decreased proportionately made solely to reflect Landlord. Tenant shall, however, have the loss right to pursue any separate award that does not reduce the award to which Landlord is entitled. Tenant hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of any portion The California Code of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage Civil Procedure, or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destructionstatute.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Fund X L P)

Eminent Domain. 22.1. In the event (a) the whole Either party may terminate this Lease if any material part of the Premises is taken or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken condemned for any public or quasi-public purpose use under law, by any lawful power eminent domain or authority by exercise of conveyance in lieu thereof (a “Taking”). Landlord shall also have the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of there is a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss Taking of any portion of the Premises no longer available Building or Property that would have a material adverse effect on Landlord’s ability to Tenant. 22.5profitably operate the remainder of the Building. This Section 22 sets forth The terminating party shall provide written notice of termination to the terms and conditions upon which other party within forty-five (45) days after it first receives notice of the taking. The termination shall be effective as of the Effective Date of any order granting possession to, or vesting legal title in, the condemning authority. If this Lease may terminate is not terminated, Base Rent and Tenant’s Share shall be appropriately adjusted to account for any reduction in the event square footage of the Building or Premises. All compensation awarded for a Taking shall be the Property of Landlord. The right to receive compensation or proceeds is expressly waived by Tenant, provided, however, Tenant may file a separate claim for Tenant’s personal property and Tenant’s reasonable relocation expenses, provided the filing of such claim does not diminish the amount of Landlord’s award. If only a part of the Premises is subject to a Taking and this Lease is not terminated, Landlord, with reasonable diligence, will restore the remaining portion of the Premises as nearly as practicable to the condition immediately prior to the Taking. Tenant hereby waives any damage or destruction. Accordinglyand all rights it might otherwise have pursuant to Section 1265.130 of the California Code of Civil Procedure, the parties hereby waive the provisions of any Applicable Laws (and any similar or successor statutes) permitting the parties to terminate this Lease as a result of any damage or destructionlaws.

Appears in 1 contract

Sources: Office Lease Agreement (Maplebear Inc.)

Eminent Domain. 22.121.1. In the event (a) the whole of the Premises or (b) such part thereof as shall substantially interfere with Tenant's ’s use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.221.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.321.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's ’s personal property or trade fixtures that was were purchased or installed at Tenant's expense ’s expense, including without limitation, any crops or inventory at the Property and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.421.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.521.5. This Section 22 21 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Innovative Industrial Properties Inc)

Eminent Domain. 22.1. In Except as hereinafter provided, if the event (a) the whole of the Premises Building, or (b) such part portion thereof as shall substantially interfere with to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's use and occupancy of the Premises for the Permitted Use purposes, shall be taken for any public by condemnation or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such takingif Tenant's parking privileges should be substantially reduced thereby, Tenant or Landlord may terminate this Lease effective as of shall have the date possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease by notice to Landlord of its desire to do so, provided that such notice is given not later than thirty (30) days after the effective date of such taking. If so much of the Building shall be so taken that Landlord (i) terminates all of the leases in the Building (except with regard that during the last three (3) years of the Term, Landlord shall be required to (a) items occurring prior to terminate only leases covering an aggregate of 80% of the taking rentable floor area of the Building), and (bii) provisions of this Lease thatdetermines that it would be appropriate to raze or substantially alter the Building, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore have the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties right to terminate this Lease by giving notice to Tenant of Landlord's desire to do so not later than thirty (30) days after the effective date of such taking. Should any part of the Premises be so taken or condemned during the Term, and should this Lease be not terminated in accordance with the foregoing provisions, Landlord agrees to use reasonable efforts to put what may remain of the Premises into proper condition for use and occupation as a result nearly like the condition of any damage the Premises prior to such taking as shall be practicable, and furnish or destructioncause to be furnished parking privileges to Tenant consistent with the terms of this Lease subject, however, to applicable laws and codes then in existence and to the availability of sufficient proceeds from the eminent domain taking.

Appears in 1 contract

Sources: Sublease (Viacell Inc)

Eminent Domain. 22.1. In the event (a) the whole If any part of the Premises or Premises, the Building, and/or the Land (b) such part thereof as shall substantially interfere with Tenant's use and occupancy not resulting in a total taking of the Premises for Premises, thereby causing a termination of this Lease) is taken under the Permitted Use shall be taken for power of eminent domain, or similar authority or power, or sold under imminent threat thereof, to any public or quasi-public purpose by any lawful power governmental authority or authority by exercise entity, this Lease shall terminate as to the part of the right of appropriationPremises so taken or sold, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date taking, or the date that delivery of possession is required to be surrendered to such authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease thatrequired, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking of the Premises for any such public or quasi-public purpose by any lawful power governmental authority or authority by exercise entity. The Rent for the remainder of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion the term under this Lease shall be reduced in the proportion that the Tenant’s total square footage of the Premises occupied is reduced by Tenant was so takenthe taking. Further, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3. Tenant shall be entitled to recover and keep for itself from the public or quasi-governmental authority or entity any award that is specifically awarded amount(s) necessary to compensate the Tenant for any and all damages, loses, and for any other reason attributable as compensation for (a) the taking a result of Tenant's personal property that was installed at Tenant's expense and such taking. (b) the costs of Tenant moving to If a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any total taking of the nature described Premises, the Building, or the Land occurs, or if a partial taking or the sale of the Building, or the Land occurs, and it: (i) results in this Section, this Lease continues in effect, then Landlord shall promptly proceed an inability of the Tenant to restore use the Premises to substantially their same condition prior to such partial taking. To for the extent such restoration is infeasibleTenant’s intended purpose, as determined by Landlord in its sole the Tenant; or (ii) renders the Building unviable or useless to the Tenant, this Lease shall terminate, with such termination being made effective thirty (30) days after the Tenant receives notice of such taking, or when the taking occurs, whichever is sooner. (c) All condemnation awards and absolute discretion, the Rent similar payments shall be decreased proportionately paid and belong to reflect the Landlord, except any amounts otherwise described above in this Lease, in addition to any amounts awarded or paid specifically for Tenant’s trade fixtures, loss of business, relocation costs, and other benefits that the Tenant ADSLLP-00086836.8 is otherwise entitled to receive under the law (provided ▇▇▇▇▇▇’s award does not reduce Landlord’s award or attribute any portion of value to the Premises no longer available remaining leasehold interest). Nothing contained herein shall prevent or diminish the Tenant’s right to Tenantdeal on its own behalf with the condemning authority. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement

Eminent Domain. 22.1. In If, prior to the event Closing Date, any Seller receives notice that a material portion of one of its Properties (aor access or other material rights in connection therewith) as would, in Purchaser’s reasonable judgment, materially adversely affect access to and from such Property, the whole operation of the Premises such Property or (b) uses or value of such part thereof as shall substantially interfere with Tenant's use and occupancy Property is, or has been threatened in writing by a governmental authority of the Premises for the Permitted Use shall competent jurisdiction, to be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, such Seller shall promptly notify Purchaser, and at the election of Purchaser this Agreement shall upon the giving of Notice of such event or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required condemning authorities’ intention so to be surrendered take such Property, terminate with respect only to the impacted Property, in which event as to such authorityimpacted Property the parties shall have no further rights or obligations hereunder, except those matters specifically surviving termination or Closing, but the Closing shall proceed with regard to (y) items occurring prior respect to the taking and remaining Properties (z) provisions of this Lease that, with the Purchase Price reduced by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of a partial taking Allocated Purchase Price of the Premises for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether any portion of the Premises occupied by Tenant was so taken, Landlord may impacted Property). If Purchaser does not elect to terminate this Lease (except with regard to (a) items occurring Agreement prior to the taking and (b) provisions of this Lease thatClosing Date, by their express terms, survive on the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use Closing Date all of the unappropriated portion for purposes proceeds of renting space for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking or payment made or to be made by reason of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be assigned by such Seller to Purchaser, and any money theretofore received by such Seller in connection with such taking shall be paid over to Purchaser, whereupon Purchaser shall pay the property Purchase Price without abatement by reason of Landlord. 22.4such taking. IfSuch Seller shall not settle, upon agree to, or accept any award or payment in connection with a taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion less than all of the Premises no longer available to TenantProperty without obtaining Purchaser’s prior written consent in each case, which consent shall not be unreasonably withheld or delayed. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Purchase and Sale Agreement (First Potomac Realty Trust)

Eminent Domain. 22.123.1. In the event (a) the whole of the Premises Demised Premises, or (b) such part thereof as shall substantially interfere with the Tenant's use and occupancy of the Premises for the Permitted Use thereof, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to such said authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.223.2. In the event of a partial taking of the Premises Building or of drives, walkways, and parking areas serving the Building for any public or quasi-public purpose by any lawful power or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole sold to prevent such taking, then, then without regard as to whether any portion of the Demised Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in the sole opinion of Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Useoffice rentals or laboratory space. 22.323.3. Tenant shall be entitled to any award that which is specifically awarded as compensation for (a) the taking of Tenant's personal property that property, which was installed at Tenant's expense and (b) the for costs of Tenant moving to a new location. Except as before set forth in the previous sentenceforth, any award for such taking shall be the property of belong to Landlord. 22.423.4. If, upon any taking of the nature described in this SectionArticle 23, this Lease continues in effect, then the Landlord shall promptly proceed to restore the Demised Premises and the Building to substantially their same condition prior to such partial taking. To the extent such restoration is infeasiblefeasible, as determined by Landlord in its sole and absolute reasonable discretion, the Rent shall be decreased abated proportionately based upon the extent to reflect the loss of any portion which Tenant's use of the Demised Premises no longer available has decreased on the basis of the percentage of the rental value of the Demised Premises after such taking and the rental value of the Demised Premises prior to Tenantsuch taking. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Lease Agreement (Antex Biologics Inc)

Eminent Domain. 22.1. In the event (a) If the whole or any part of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken for any public or quasi-public purpose use by any lawful a governmental authority under the power of eminent domain or shall be conveyed to a governmental authority by exercise in lieu of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, and if such taking or conveyance shall cause the remaining part of the Premises to be untenantable and inadequate for use by Tenant or Landlord may for the purpose for which they were leased, then Tenant may, at its option, terminate this Lease effective as of the date possession Tenant is required to be surrendered to such authority, except with regard to (y) items occurring prior to surrender possession of the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2Premises. In the event of If a partial taking part of the Premises shall be taken or conveyed but the remaining part is tenantable and adequate for any public Tenant’s use, then this Lease shall be terminated as to the part taken or quasi-public purpose by any lawful power conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or authority by exercise of right of appropriation, condemnation, or eminent domain, or sole conveyed tenantable; and the rent shall be reduced in proportion to prevent such taking, then, without regard to whether any portion the part of the Premises occupied by Tenant was so taken, Landlord may elect to terminate this Lease (except with regard to (a) items occurring prior to the taking and (b) provisions of this Lease that, by their express terms, survive the expiration taken or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinion, of a material nature such as to make it uneconomical to continue use of the unappropriated portion for purposes of renting space for the Permitted Use. 22.3conveyed. Tenant shall be entitled to any award that is specifically All compensation awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking or conveyance shall be the property of Landlord without any deduction therefrom for any present or future estate of Tenant, and Tenant hereby assigns to Landlord all its right, title and interest in and to any such award. However, Tenant shall have the right to recover from the governmental authority, but not from Landlord. 22.4. If, upon any taking such compensation as may be awarded to Tenant on account of the nature described in this Sectioninterruption of Tenant’s business, this Lease continues in effectmoving and relocation expenses and depreciation to and removal of Tenant’s trade fixtures and personal property, then Landlord shall promptly proceed to restore so long as such award does not reduce the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to TenantLandlord’s award. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Office Lease (Endocyte Inc)

Eminent Domain. 22.1. In the event (a) If the whole or a material portion of the Premises or (b) such part thereof as shall substantially interfere with Tenant's use and occupancy of the Premises for the Permitted Use shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), or if the owner elects to convey title to the condemnor by a deed in lieu of condemnation, or if all or any lawful power or authority by exercise portion of the right of appropriationProperty are so taken, condemnation condemned or eminent domainconveyed and as a result thereof, or sold to prevent such takingin Landlord’s reasonable judgment, Tenant or Landlord may terminate the Premises cannot be used for Tenant’s Permitted Use as set forth herein, then this Lease effective shall cease and terminate as of the date possession is required to when title vests in such governmental or quasi-governmental authority and Base Rent and Additional Rent shall be surrendered to abated on the date when such title vests in such governmental or quasi-governmental authority, except with regard to (y) items occurring prior to the taking and (z) provisions of this Lease that, by their express terms, survive the expiration or earlier termination hereof. 22.2. In the event of If less than a partial taking material portion of the Premises shall be taken or condemned by a governmental or quasi-governmental authority for any public or quasi-public use or purpose by (including sale under threat of such a taking), Base Rent and Additional Rent shall be equitably abated on the date when such title vests in such governmental or quasi-governmental authority and this Lease shall otherwise continue in full force and effect. In any lawful power or authority by exercise of right of appropriationcase, condemnation, or eminent domain, or sole to prevent such taking, then, without regard to whether Tenant shall have no claim against Landlord for any portion of the Premises occupied amount that may be awarded as damages as a result of any governmental or quasi-governmental taking or condemnation (or sale under threat or such taking or condemnation); and all rights of Tenant to damages therefor are hereby assigned by Tenant was so takento Landlord. The foregoing shall not, Landlord may elect however, deprive Tenant of any separate award for moving expenses, dislocation damages or for any other award which would not reduce the award payable to terminate this Lease (except with regard to (a) items occurring prior to Landlord. As used herein, “material portion of the taking and (b) provisions of this Lease Premises” shall mean such amount that, by their express terms, survive the expiration or earlier termination hereof) as of such taking if such taking is, in Landlord’s sole opinionreasonable judgment, of a material nature such as to make it uneconomical to continue use of would render the unappropriated portion for purposes of renting space Premises untenantable for the Permitted Use. 22.3. Tenant shall be entitled to any award that is specifically awarded as compensation for (a) the taking of Tenant's personal property that was installed at Tenant's expense and (b) the costs of Tenant moving to a new location. Except as set forth in the previous sentence, any award for such taking shall be the property of Landlord. 22.4. If, upon any taking of the nature described in this Section, this Lease continues in effect, then Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking. To the extent such restoration is infeasible, as determined by Landlord in its sole and absolute discretion, the Rent shall be decreased proportionately to reflect the loss of any portion of the Premises no longer available to Tenant. 22.5. This Section 22 sets forth the terms and conditions upon which this Lease may terminate in the event of any damage or destruction. Accordingly, the parties hereby waive the provisions of any Applicable Laws (and any successor statutes) permitting the parties to terminate this Lease as a result of any damage or destruction.

Appears in 1 contract

Sources: Sublease (Aldeyra Therapeutics, Inc.)