Common use of Eminent Domain Clause in Contracts

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal terms.

Appears in 1 contract

Sources: Sublease (Theragenics Corp)

Eminent Domain. If all or any part In case the whole of the Premises Premises, or such part thereof as shall substantially interfere with the Tenant's use and occupancy thereof, shall be --------------- appropriated or condemned by taken for any public or quasi-public purpose by any lawful power or authority in the by exercise of its the right of appropriation, condemnation or eminent domain, both CROET and Sublessee shall have or be sold under threat of such taking, the right to prosecute a claim for an award and to share in Tenant or the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated Landlord may at its or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, his option terminate this Sublease shall terminate Lease effective as of the time when date possession shall is required to be required by surrendered pursuant to such public taking or quasi-public authority. In the event that this Subleases sale, Tenant shall not terminate after because of such taking by sale asset any part claim against the Landlord or the taking authority for any compensation because of the Premises is taken such taking or condemnedsale, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET and Landlord shall be entitled to receive that portion the entire amount of any and all awards necessary to compensate it award without deduction for any estate or interest of Tenant. In the present value event the amount of property or the rents which it would have received in type of estate taken shall not substantially interfere with the future and for the present value conduct of its reversionary interestTenant's business, and notwithstanding the termination of this Sublease, Sublessee Landlord shall be entitled to that portion the entire amount of the award without deduction for any estate or interest of Tenant, and all awards necessary Landlord at his option may terminate this Lease. If Landlord does not so elect, Landlord shall promptly proceed to compensate it restore the Premises to substantially their same condition prior to such partial taking, and a proportionate allowance shall be made to Tenant for the value of its improvements rent corresponding to the Premisestime during which, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end part of the Sublease termPremises of which, including Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Article shall be deemed to give Landlord any renewal termsinterest in any award made to Tenant for the taking of personal property and fixtures belonging to Tenant.

Appears in 1 contract

Sources: Office Space Lease (Acubid Com Inc)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then either Landlord or Tenant may, at their respective option, terminate this Lease as of the date Tenant is required to surrender possession of the Premises by giving written notice of such termination to the other party. If a part of the Premises shall be taken or conveyed but the remaining part is tenantable and adequate for Tenant’s use, then this Lease shall be terminated as to the part taken or 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 conveyed tenantable to the extent the condemnation award proceeds received by Landlord are sufficient therefor; and the rent shall be reduced in proportion to the part of the Premises so taken or conveyed. If Landlord does not receive a condemnation award sufficient to restore the remaining part of the Premises to a tenantable condition in Tenant’s reasonable opinion, Tenant may terminate this Lease. 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 of condemnation or eminent domainright, both CROET title and Sublessee interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an recover from such authority, but not from Landlord, such compensation as may be awarded to Tenant on account of moving and relocation expenses and depreciation to and removal of Tenant’s property, so long as such award and to share in the proceeds of Tenant does not reduce any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal award payable to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsLandlord.

Appears in 1 contract

Sources: Lease Agreement (Ikaria, Inc.)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any is taken for public or quasi-public use by a governmental authority under the power of eminent domain or is conveyed to a governmental authority in lieu of such taking, and if the exercise taking or conveyance causes the remaining part of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall to be appropriated or condemneduntenantable and inadequate for use by Tenant for the purpose for which they were leased, or so much thereof that Sublessee cannot reasonably continue then Tenant, at its option and by giving notice within fifteen (15) days after the operation of its business thereontaking, may terminate this Sublease shall terminate Lease as of the time when date Tenant is required to surrender possession shall be required by such public or quasi-public authorityof the Premises. In the event that this Subleases shall not terminate after any If a part of the Premises is taken or condemnedconveyed but the remaining part is tenantable and adequate for Tenant's use, there then this Lease shall be a reduction in rental equal terminated as to the percentage part taken or 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 conveyed tenantable; and the Rent shall be reduced in proportion to the ground area part of the Premises which is taken or condemnedconveyed. CROET All compensation awarded for the taking or conveyance shall be entitled the property of Landlord without any deduction therefrom for any estate of Tenant, and Tenant hereby assigns to receive that portion of any Landlord all its right, title and all awards necessary interest in and to compensate it for the present value award. Tenant shall have the right, however, to recover from the governmental authority, but not from Landlord, such compensation as may be awarded to Tenant on account of the rents which it would have received in the future interruption of Tenant's business, moving and for the present value relocation expenses and removal of its reversionary interest, Tenant's trade fixtures and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Lease Agreement (Transact Technologies Inc)

Eminent Domain. If all the whole or any substantial part of the Premises shall be --------------- appropriated or condemned taken by any public or quasi-public governmental authority in under the exercise power of its right of condemnation or eminent domain, both CROET and Sublessee then, at Lessee's election, made in writing within 90 days after Lessee shall have received written notice of the commencement of such eminent domain proceeding from Lessor, the term of this Lease shal1 cease as of the date possession is taken by such authority and the rent shall be paid up to that date. Any unearned rental shall be returned by Lessor. If only a part of the leased Premises shall be taken and Lessee elects not to terminate this Lease, then this Lease shall continue in full force and effect as to the remainder of said Premises and all of the terms herein provided shall continue in effect; except that the rental shall be reduced in proportion to the respective amounts of interior and exterior areas in terms of square feet, of the Premises taken, and Lessor, at its own Cost and expense, shall make all necessary repairs and alterations to the leased Premises required by such taking unless Lessor, at its election, made in writing within 30 days after the date for Lessee's election provided above, shall terminate this Lease as of the date possession is taken by such authority. In consideration of such right of termination, Lessee retain`s the right to prosecute a claim for an award receive and to share in retain damages from the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it condemning authority for the value of its improvements leasehold interest or leasehold improvement in the Premises so long as such terms are separately identified and compensated by the authority and to the Premises, extent that award does not have the result of reducing the fair market value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal terms.Premises. The term "

Appears in 1 contract

Sources: Lease Agreement (Primex Technologies Inc)

Eminent Domain. If all or any part In case the whole of the Premises Premises, or such part thereof as shall substantially interfere with the Tenant’s use and occupancy thereof, shall be --------------- appropriated or condemned by taken for any public or quasi-public authority in the purpose by any lawful power or authority, by exercise of its the right of appropriation, condemnation or eminent domain, both CROET and Sublessee shall have or sold to prevent such taking, the right to prosecute a claim for an award and to share in Tenant or the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemnedLandlord, or so much thereof that Sublessee cannot reasonably continue the operation of may, at its business thereonoption, terminate this Sublease shall terminate Lease effective as of the time when date possession shall is required to be required by such public or quasi-public surrendered to said authority. In Tenant shall not, because of such taking, assert any claim against the event that this Subleases shall not terminate after Landlord or the taking authority for any part compensation because of the Premises is taken or condemnedsuch taking, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET and Landlord shall be entitled to receive that portion the entire amount of any and all awards necessary to compensate it award without deduction for any estate or any interest of Tenant. In the present value event the amount of property or the rents which it would have received in type of estate taken shall not substantially interfere with the future and for the present value conduct of its reversionary interestTenant’s business, and notwithstanding the termination of this Sublease, Sublessee Landlord shall be entitled to that portion the entire amount of the award without deduction for any estate or interest of Tenant, and all awards necessary Landlord at its option may terminate this Lease. If Landlord does not so elect, Landlord shall promptly proceed to compensate it restore the Premises to substantially their same condition prior to such partial taking, and a proportionate allowance shall be made to Tenant for the value of its improvements rent. corresponding to the Premises, the value of its leasehold estate time during which said restoration is being made and the damages which it may sustain as a result of termination of this Sublease prior to the end part of the Sublease term, including Premises of which Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Paragraph shall be deemed to give Landlord any renewal termsinterest in any specific award made to Tenant for the taking of personal property and fixtures belonging to Tenant.

Appears in 1 contract

Sources: Lease Agreement (Advanced Power Technology Inc)

Eminent Domain. If all or there shall be taken during the 1'enn of this Lease any part of the Premises Demised Pretnises or Building other than a part not interfering with maintenance, operation or use of the Demised Premises, Landlord may elect to Terminate this Lease or to continue same in effect IfLandlord elects to continue the Lease, the rental shall be --------------- appropriated reduced in proportion to the area of the Demised P-remises so taken and J_,andlord shall repair any damage to the Demised Premises or condemned Building resulting fi:om such taking. If any pa11 of the Demised Pretnises is taken by any public or quasi-public authority in the exercise of its right of condemnation or eminent domainEminent Domain which renders the Pretnises unsuitable for its intended use, both CROET this Lease shall continue in effect and Sublessee the rental shall have be reduced in propo11ion to the right area of the Demised Premises so taken and Landlord shall repair any damages to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forthDemised Premises resulting from such taking. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Demised Premises is taken by condemnation or condemnedEminent Domain this Lease shall Terminate on the day of the taking. All sums awarded (or agreed upon between landlord and the conde11ming authority) for the taking of the interest of Landlord and/or Tenant, there weather as damages or as compensation, and weather for partial or total condenu1ation, will be the prope1ty of Landlord. If the Lease shall be a reduction in rental equal Terminated under any provisions of this paragraph, rentals shall be payable up to the percentage to the ground area date of the Premises which that possession is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for by the present value of the rents which it would have received in the future and for the present value of its reversionary interestauthority, and notwithstanding the termination of this Sublease, Sublessee shall be entitled Landlord will refund to that portion of Tenant any and all awards necessary prepaid unaccrued rent less any sum or amount then owing by Tenant to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsLandlord.

Appears in 1 contract

Sources: Lease Agreement (AL International, Inc.)

Eminent Domain. If all during the Term (a) the whole of the Premises or the Building shall be taken by any governmental or other authority having powers of eminent domain or conveyed to such entity under threat of the exercise of such power or (b) any part of the Premises or the Building shall be --------------- appropriated so taken or condemned by any public or quasi-public authority in conveyed and as a result, the exercise remainder of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemnedthe Building has been rendered impractical, or so much thereof that Sublessee cannot reasonably continue in Landlord's sole judgment, for the operation of its business thereonLandlord's rental activities on the Property, this Sublease Lease shall terminate as on the date of the time when possession taking or conveyance, and Base Rent, Operating Expenses Excess, and Tax Excess shall be required by such public apportioned to the date thereof Tenant shall have no right to any apportionment of or quasi-public authority. In any share in any condemnation award or judgment for damages made for the event that this Subleases shall not terminate after taking or conveyance of any part of the Premises is taken or condemnedthe Building; provided, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken however, that so long as Tenant's award does not diminish or condemned. CROET otherwise adversely affect any award collectible by Landlord, Tenant shall be entitled to make its own claim for, and receive any separate award that portion may be made for, Tenant's loss of business, or for the taking of or injury to Tenant's improvements, or on account of any and all awards necessary to compensate it for the present value of the rents which it would have received cost or loss Tenant may sustain in the future and for the present value removal of its reversionary interestTenant's trade fixtures, equipment, and notwithstanding the termination of this Subleasefurnishings, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain or as a result of termination of this Sublease prior any alterations, modifications or repairs which may be reasonably required by Tenant in order to place the end remaining portion of the Sublease term, including any renewal termsPremises not so condemned in a suitable condition for the continuance of Tenant's occupancy.

Appears in 1 contract

Sources: Sublease Agreement (Exagen Inc.)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. (a) If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereonLand is taken by Condemnation, this Sublease shall terminate as Lease terminates immediately on the effective date of the time when possession shall be required Condemnation. (b) If there is a partial Condemnation of the Land, Tenant or Landlord may terminate this Lease by such public notice to the other if Landlord and Tenant agree that the remaining Land is not adequate for the conduct of Tenant’s business. (c) If Landlord or quasi-public authority. In the event that this Subleases shall Tenant does not terminate after any part this Lease, Landlord will proceed with due diligence to make all necessary renovations and repairs to the remaining Land to restore the same to as near as practicable to the condition that it was in prior to the partial Condemnation. If Landlord or Tenant does not terminate this Lease, Tenant will remain in possession of the Premises is portion of the Land not taken or condemnedon the same terms of this Lease, there shall except that all Rent must be a reduction reduced in rental equal direct proportion to the percentage to the ground area of the Premises which is Land taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination the Condemnation. (d) All awards, compensations, damages and insurance payments on account of this Sublease prior any Condemnation are herein collectively called “Compensation.” (e) Landlord may appear in any such proceeding or action to negotiate, prosecute and adjust any claim for any Compensation, and Landlord will collect any such Compensation. (f) Notwithstanding anything to the end contrary contained in this Article, if permissible under Legal Requirements, Tenant may pursue a separate award for its moving and relocation expenses, anticipated loss of business profits, loss of goodwill or fixtures and equipment paid for by Tenant and which are not part of the Sublease termLand, including and Tenant may retain any renewal termssuch award, which will not be included in Compensation.

Appears in 1 contract

Sources: Asset Purchase Agreement

Eminent Domain. If all of the premises are taken under the power of eminent domain or conveyed under threat of condemnation proceedings, or if only a part of the premises is taken and the remainder is determined by LESSEE to be inadequate or unsatisfactory for LESSEE'S purposes as described in this Lease, which determination shall not be arbitrarily or capriciously made, then in either event, this Lease shall terminate effective as of the date LESSEE is required to give up the right to occupy or use any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authoritypremises. In the event LESSEE shall so determine that this Subleases shall not terminate after any part the remainder of the Premises premises is taken inadequate or condemnedunsatisfactory for its purposes, there and LESSOR feels that such determination is arbitrary or capricious, then upon ten (10) days written notice by LESSOR to LESSEE, this matter shall be a submitted to arbitration as hereinafter provided for reduction of rental, in such event LESSEE'S obligation to pay rental equal to shall ▇▇▇▇▇ during the percentage to the ground area period of the Premises which is taken or condemnedsuch arbitration. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the The termination of this SubleaseLease as above provided shall not operate to deprive LESSEE of the right to make claim against the condemning authority for any damage suffered by LESSEE, Sublessee but LESSEE shall have no right to make any claim against LESSOR because of such condemnation or termination. If this Lease is not terminated as provided, LESSOR and LESSEE shall agree upon an equitable reduction of the rental. If the parties fail to agree upon such reduction, LESSOR and LESSEE shall choose three arbitrators. The decision of any two of the arbitrators as to the rental reduction, if any, shall be entitled binding on LESSEE and LESSOR, and any expense of the arbitration shall be divided equally between LESSEE and LESSOR. The rental amount agreed to that portion or decided by arbitration shall be paid by LESSEE for any period of any abatement and all awards necessary to compensate it for the value of its improvements thereafter pursuant to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination terms of this Sublease prior to the end of the Sublease term, including any renewal termsLease. PLUS ADDENDUM 'C'.

Appears in 1 contract

Sources: Lease Agreement (Jevic Transportation Inc)

Eminent Domain. If all Lessee’s use of the Premises is materially affected due to the taking by eminent domain of (a) the Premises or any part thereof or any estate therein; or (b) any other part of the Building; then, in either event, this Lease shall terminate on the date when title vests pursuant to such taking. The Fixed Basic Rent, and any Additional Rent, shall be apportioned as of said termination date and any Fixed Basic Rent or Additional Rent paid for any period beyond said date, shall be repaid to Lessee. Lessee shall not be entitled to any part of the Premises shall be --------------- appropriated award for such taking or condemned by any public or quasi-public authority payment in the exercise of its right of condemnation or eminent domainlieu thereof, both CROET and Sublessee shall have the right to prosecute but Lessee may file a separate claim for an award any taking of fixtures and to share in improvements owned by Lessee which have not become the proceeds of any Lessor’s property, and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authorityfor moving expenses. In the event that of a partial taking which does not effect a termination of this Subleases Lease but does deprive Lessee of the use of a portion of the Premises, there shall either be an abatement or an equitable reduction of the Fixed Basic Rent, and an equitable adjustment reducing the Base Period Costs as hereinafter defined depending on the period for which and the extent to which the Premises so taken are not reasonably usable for the purpose for which they are leased hereunder. Lessee shall not terminate after be entitled to any part of the Premises is taken award for such taking or condemnedany payment in lieu thereof, there shall be but Lessee may file a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it separate claim solely for the present unamortized value of fixtures and improvements owned by Lessee which have not become the rents which it would have received in the future Lessor’s property, and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsmoving expenses.

Appears in 1 contract

Sources: Lease Agreement (Tollgrade Communications Inc \Pa\)

Eminent Domain. If all the Demised Premises or any part of the Premises thereof shall be --------------- appropriated or condemned taken by any public an governmental or quasi-public governmental authority in pursuant to the exercise power of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right or by deed in lieu thereof, Tenant agrees to prosecute a make no claim for an award and to share compensation in the proceeds proceedings, and hereby assigns to Landlord any rights which Tenant may have to any portion of any award made as a result of such taking, and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease lease shall terminate as to the portion of the time when possession Demised Premises taken by the condemning authority and rental shall be required by adjusted to such public or quasi-public authoritydate. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemnedThe foregoing notwithstanding, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET Tenant shall be entitled to claim, prove and receive that portion in the condemnation proceedings such awards as may be allowed for relocation expenses and for fixtures and other equipment installed by it which shall not, under the terms of any this lease, be or become the property of Landlord at the termination hereof, but only if such awards shall be made by the condemnation court in addition to and all awards necessary to compensate stated separately from the award made by it for the present value of land and the rents which it would have received in Building or part thereof so taken. If the future and for the present value of its reversionary interestnature, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion location or extent of any and all awards necessary proposed condemnation affecting the Shopping Center is such that Landlord elects in good faith to compensate it for demolish the value of its improvements to the PremisesBuilding, the value of its leasehold estate and the damages which it then Landlord may sustain as a result terminate this lease by giving at least sixty (60) days' written notice of termination of to Tenant at any time after such condemnation and this Sublease prior to lease shall terminate on the end of the Sublease term, including any renewal termsdate specified in such notice.

Appears in 1 contract

Sources: Office Lease (Interstate General Co L P)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises to be untenantable, inadequate for use by Tenant for the purpose for which they were leased and shall not be reasonably sufficient for Tenant to continue feasible operation of its right business, or Tenant shall not have reasonable access to the Premises, then either Landlord or Tenant may, at their respective option, terminate this Lease as of the date Tenant is required to surrender possession of the Premises by giving written notice of such termination to the other party. If a part of the Premises shall be taken or conveyed but the remaining part is tenantable and adequate for Tenant’s use, then this Lease shall be terminated as to the part taken or 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 conveyed tenantable to the extent the condemnation award proceeds received by Landlord are sufficient therefor; and the rent shall be reduced in proportion to the part of the Premises so taken or eminent domainconveyed. 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, both CROET and Sublessee Tenant hereby assigns to Landlord all its right, title and interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an recover from such authority, but not from Landlord, such compensation as may be awarded to Tenant on account of moving and relocation expenses and depreciation to and removal of Tenant’s property, so long as such award and to share in the proceeds of Tenant does not reduce any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal award payable to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsLandlord.

Appears in 1 contract

Sources: Lease Agreement (Celldex Therapeutics, Inc.)

Eminent Domain. If all the whole or any part of the Premises, Building or Common Areas shall be taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the Premises or the remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then either Landlord or Tenant may, at its option, terminate this Lease as of the date of surrender of possession by giving written notice of such termination to the other party. If a part of the Premises shall be --------------- appropriated taken or condemned by conveyed but the Lease is not terminated, then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render tenantable, and, to the extent possible, comparable, the part not taken or conveyed; and the rent shall be reduced in proportion to the part of the Premises taken or conveyed. If part of the Building or Common Areas is taken and this Lease is not terminated, Landlord shall make such repairs, alterations and improvements as shall be necessary to render the Building and the Common Areas as comparable to their condition prior to the taking as possible. All compensation awarded for such taking or conveyance shall be the property of Landlord without any public deduction therefrom for any present or quasi-public authority in the exercise future estate of Tenant, and Tenant hereby assigns to Landlord all of its right of condemnation or eminent domainright, both CROET title and Sublessee interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an award recover from such authority, but not from Landlord, such compensation as may be separately awarded to Tenant on account of moving and relocation expenses and depreciation to share in the proceeds and removal of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant's property.

Appears in 1 contract

Sources: Lease Agreement (Quality Dining Inc)

Eminent Domain. If all A. In the event the whole or any substantial part of the Building or the Premises shall be --------------- appropriated taken or condemned by any competent authority for any public or quasi-public authority in the exercise of its right of condemnation use or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereonpurpose, this Sublease Lease shall terminate as of the time when date of taking of possession by the condemning authority, and Rent shall be required by such apportioned as of said date. B. In the event less than a substantial part of the Building or the Premises shall be taken or condemned for any public or quasi-public authority. In use or purpose, or if any adjacent property or street shall be condemned or improved in such manner as to require the event that this Subleases shall not terminate after use of any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken Building, then at the election of Landlord expressed by delivery of written notice to Tenant within ninety days after said date of taking, condemnation or condemned. CROET improvement, this Lease shall terminate as of said date without any payment to Tenant therefor. C. Landlord shall be entitled to receive that portion of the entire award from any taking or condemnation without any payment to Tenant, and all awards necessary Tenant hereby assigns to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary Landlord Tenants interest, and notwithstanding the termination of this Subleaseif any, Sublessee in such award-, provided, however, Tenant shall be entitled to that receive any award or portion of any and all awards necessary to compensate it specifically designated as being compensation for the value of its Tenant's movable trade fixtures, improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsinstalled by Tenant and/or Tenants an award relocation expenses.

Appears in 1 contract

Sources: Office Building Lease (Lasergate Systems Inc)

Eminent Domain. If all or any part the whole of the Leased Premises shall be --------------- appropriated acquired or condemned by eminent domain for any public or quasi-public authority use or purpose, then the terms of this Lease shall cease and terminate at the date of title vesting in the exercise of its right of condemnation or eminent domain, both CROET such proceeding and Sublessee all rentals shall be paid up to that date and neither party shall have the right to prosecute a claim against the other party for an award and to share in the proceeds value of any and all awards based upon their respective interests as hereafter set forthunexpired term of this Lease. If all any part of the Leased Premises shall be appropriated acquired or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required condemned by such eminent domain for any public or quasi-public authorityuse or purpose, and in the event that such partial taking or condemnation shall render the Leased Premises unsuitable for the business of Lessee, then the terms of this Lease shall cease and terminate as of the date of title vesting in such proceeding and Lessee shall have no claim against Owner for the value of any unexpired term of this Lease. In the event of a partial taking or condemnation which is not extensive enough to render the Leased Premises unsuitable for the business of Lessee, then Owner shall promptly restore the Leased Premises to a condition comparable to its condition at the time of such condemnation less the portion lost in the taking, and this Lease shall continue in full force and effect except that this Subleases shall not terminate after any part of the Premises is taken or condemned, there monthly rent shall be a reduced in proportion to the reduction in rental equal to the percentage to the ground gross area of the Premises which is taken Leased Premises. All damages awarded or condemned. CROET compensation paid for any such taking or conveyance shall belong to and be the property of Owner, whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the demised Leased Premises; provided, however, that Owner shall not be entitled to receive that any portion of any award 7 or payment made to Lessee for loss of business and all awards necessary to compensate it for the present value depreciation of the rents which it would have received in the future and for the present value cost of its reversionary interest, removal of merchandise and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termstrade fixtures.

Appears in 1 contract

Sources: Lease Agreement (Lafayette Community Bancorp)

Eminent Domain. If all the whole or any part of the Leased Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Leased Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then Tenant may, at its right of condemnation or eminent domainoption, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forthterminate this Lease. If all a part of the Leased Premises shall be appropriated taken or condemnedconveyed but the remaining part is tenantable and adequate for Tenant's use, then this Lease shall be terminated as to the part taken or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate conveyed as of the time when possession date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or conveyed tenantable; and the rent shall be required by such public or quasi-public authority. In reduced in proportion to the event that this Subleases shall not terminate after any part of the Leased Premises is so taken or condemned, there conveyed. All compensation awarded for such taking or conveyance shall be a reduction in rental equal to the percentage to the ground area property of the Premises which is taken Landlord without any deduction therefrom for any present or condemned. CROET shall be entitled to receive that portion future estate of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interestTenant, and notwithstanding Tenant hereby assigns to Landlord all its right, title and interest in and to any such award, provided, however, that any award made to Tenant with respect to its relocation expenses shall remain the termination property of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant.

Appears in 1 contract

Sources: Lease Agreement (Amsurg Corp)

Eminent Domain. If all the whole or any part more than fifty (50%) percent of the Premises leased premises shall be --------------- appropriated or condemned taken by any public authority under the power of eminent domain or quasi-sold to public authority under threat or in lieu of such a taking, then the exercise term of its right of condemnation or eminent domainthis Lease shall cease on the part so taken, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when day possession shall be required taken by such public authority, and the rent shall be paid up to that date. Landlord or quasi-Tenant may, by written notice to the other, within thirty (30) days from the date possession is taken by public authority, terminate this Lease. In the event that neither Landlord or Tenant terminates this Subleases Lease, all of the terms herein provided shall not terminate after any continue in effect, except that as of the date possession is taken by public authority, the rent and other charges payable by Tenant to Landlord shall be reduced in proportion to the floor area of the leased premises taken and Landlord shall, at its expense, make all necessary repairs or alterations to the basic building, so as to constitute the remaining leased premises as a complete architectural unit, and Tenant, at Tenant's sole cost, shall similarly act with respect to Tenant's improvements, trade fixtures, furnishings and equipment. All damages awarded for such taking under the power of eminent domain or sale under threat or in lieu of such taking, whether for the whole or a part of the Premises is taken or condemnedleased premises, there shall belong to and be the property of Landlord, irrespective of whether such damages shall be a reduction awarded as compensation for diminution in rental equal value to the percentage leasehold or to the ground area fee of the Premises which is taken leased premises, and Tenant shall have no claim against either Landlord or condemned. CROET the condemning authority with respect thereto; provided, however, that Landlord shall not be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interestaward specifically designated as compensation for, depreciation to, and notwithstanding the termination cost of this Sublease, Sublessee shall be entitled to that portion removal of any Tenant's stock and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsfixtures.

Appears in 1 contract

Sources: Lease Agreement (Advanced Photonix Inc)

Eminent Domain. If all or any substantial part of the Premises demised premises shall be --------------- appropriated or condemned taken by any public or quasi-public authority in under the exercise power of its right of condemnation or eminent domain, both CROET then this Lease shall terminate as to the part so taken as of the date possession of that part shall be taken, and Sublessee Landlord and Tenant shall each have the right to prosecute a claim for an award and terminate this Lease upon written notice to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises other, which notice shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue delivered within thirty (30) days following the operation date notice is received of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authoritytaking. In the event that neither party hereto shall terminate this Subleases shall not terminate after any part Lease, Landlord shall, to the extent the proceeds of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of condemnation award are available (other than any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it proceeds awarded for the value of its improvements any land taken), make all necessary repairs to the Premisesdemised premises and the Building to render and restore the same to a complete architectural unit and Tenant shall continue in possession of the portion of the demised premises not taken under the power of eminent domain, under the same terms and conditions as are herein provided, except that the rent reserved herein shall be reduced in direct proportion to the amount of the demised premises so taken. All damages awarded for such taking shall belong to and be the property of Landlord, whether such damages be awarded as compensation for diminution in value of its the leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior or to the end fee of the Sublease termdemised premises; provided, including however, Landlord shall not be entitled to any renewal termsportion of the award made separately to Tenant for removal and reinstallation of trade fixtures, loss of business, or moving expenses, provided such award to Tenant does not reduce the award otherwise payable to Landlord.

Appears in 1 contract

Sources: Lease (Talk America Holdings Inc)

Eminent Domain. If all the Premises or such substantial part thereof as reasonably renders the remainder unfit for the intended uses shall be taken by any part competent authority under the power of the Premises shall eminent domain or be --------------- appropriated or condemned by acquired for any public or quasi-public authority uses of purpose, the Term of this Lease shall cease and terminate upon the date when the possession of said Premises or the part thereof so taken shall be required for such use or purpose and without apportionment of the award and Tenant shall have no claim against Landlord for the value of any unexpired Term of this Lease. If any condemnation proceeding shall be instituted in which it is sought to take any part of the exercise Building or change the grade of its right any street or alley adjacent to the Building and such taking or change of condemnation grade makes it necessary or eminent domaindesirable to remodel the Building to conform to the changed grade, both CROET and Sublessee Landlord shall have the right to prosecute a claim 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. No money or other consideration shall be payable by Landlord to Tenant for an award the right of termination and Tenant shall have no right to share in the proceeds condemnation award or in any judgment for damages caused by the taking or the change of any and all awards based upon their respective interests as hereafter set forthgrade. If all Nothing in this shall preclude Tenant from seeking an award from the Premises shall be appropriated or condemnedauthority for loss of business, or so much thereof that Sublessee cannot reasonably continue the operation depreciation to and cost of its business thereon, this Sublease shall terminate as removal of the time when possession shall be required equipment or fixtures or other cost or expenses incurred by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal Tenant due to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termscondemnation.

Appears in 1 contract

Sources: Office Lease

Eminent Domain. If all or any substantial part of the Leased Premises, including without limitation, parking and ingress or egress areas, shall be acquired by the exercise of eminent domain, condemnation or conveyance in lieu thereof (each, a “Taking”), Landlord may terminate this Lease by giving written notice to Tenant on or before the date possession thereof is so taken. If all or any part of the Leased Premises shall be --------------- appropriated or condemned acquired by any public or quasi-public authority in a Taking so that the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Leased Premises shall be appropriated or condemnedbecome substantially less practical for the conduct of Tenant’s business in compliance with this Lease, or so much thereof that Sublessee cannot as reasonably continue the operation of its business thereondetermined by Tenant, Tenant may terminate this Sublease shall terminate Lease by giving written notice to Landlord as of the time when date possession thereof is so taken. If this Lease is so terminated, Landlord shall be required promptly refund to Tenant all unearned Minimum Annual Rent and other amounts paid in advance by such public or quasi-public authorityTenant. In the event that this Subleases shall not terminate after any part of a partial Taking of the Premises Leased Premises, if this Lease is taken or condemnednot terminated, there Minimum Annual Rent shall be a proportionately abated based upon the reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemnedLeased Premises. CROET All damages awarded shall belong to Landlord; provided, however, that Tenant shall be entitled to receive that portion of any and all awards necessary award expressly made to compensate it Tenant by any governmental authority for the present cost of or the removal of Tenant’s stock, equipment and fixtures and other moving expenses and other items recoverable by law (excluding the value of the rents which it would have received in the future and for the present value of its reversionary usufruct or any leasehold interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain ) so long as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termssuch award is not subtracted from Landlord’s award.

Appears in 1 contract

Sources: Lease Agreement (Dicks Sporting Goods Inc)

Eminent Domain. 14.1 If all or any part substantially all of the Premises shall be --------------- taken or appropriated or condemned by any public or quasi-public authority under the power of eminent domain (or similar law authorizing the involuntary taking of private property, which shall include a sale in the exercise of its right of condemnation or eminent domainlieu thereof to a public body), both CROET and Sublessee either party hereto shall have the right right, at its option, to prosecute a claim for an award terminate this Lease effective as of the date possession is taken by said authority, and Landlord shall be entitled to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall income, rent, award and any interest thereon whatsoever which may be appropriated paid or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by made in connection with such public or quasi-public authorityuse or purpose. In Tenant hereby assigns to Landlord its entire interest in any and all such awards, and shall have no claim against Landlord for the event value of any unexpired term of this Lease, provided however, that if an award is made for Tenant's Trade Fixtures that have become part of the realty and which Tenant has a right to remove as provided in this Subleases Lease but elects not to remove, Tenant shall not terminate after any part receive the am ount so awarded. 14.2 If only a portion of the Premises is taken or condemnedtaken, there then this Lease shall continue in full force and effect and the proceeds of the award shall be used by Landlord to restore the remainder of the improvements on the Premises so far as practicable to a reduction in rental equal complete unit of like quality and condition to that which existed immediately prior to the percentage taking, and the Minimum Rent shall be reduced in proportion to the ground floor area of the Premises which is taken or condemnedtaken. CROET Landlord's restoration work shall not exceed the scope of work done by Landlord in originally constructing the Premises and the cost of such work shall not exceed the amount of the award received by Landlord. 14.3 Nothing hereinbefore contained shall be entitled deemed to receive that portion of any deny to Tenant its right to claim from the condemning authority compensation or damages for its trade fixtures and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Retail Lease (MCB Financial Corp)

Eminent Domain. If all or any part substantial portion of the Premises is taken under the power of eminent domain (including any conveyance made in lieu thereof) or if such taking shall be --------------- appropriated or condemned by any public or quasi-public authority in materially impair the exercise normal operation of its right of condemnation or eminent domainTenant’s business, both CROET and Sublessee then either party shall have the right to prosecute a claim terminate this Lease by giving written notice of such termination within thirty (30) days after such taking. If neither party elects to terminate this Lease, Landlord shall repair and restore the Premises to the best possible tenantable condition (but only to the extent of any condemnation proceeds made available to Landlord) and the Annual Rental shall be proportionately and equitably reduced as of the date of the taking. All compensation awarded for an award and to share in any taking (or the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises a private sale in lieu thereof) shall be appropriated the property of Landlord whether such award is for compensation for damages to the Landlord’s or condemnedTenant’s interest in the Premises, or so much thereof that Sublessee cannot reasonably continue the operation and Tenant hereby assigns all of its business thereoninterest in any such award to Landlord; provided, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases however, Landlord shall not terminate after have any part interest in any separate award made to Tenant for loss of business, moving expense or the Premises taking of Tenant’s trade fixtures or equipment if a separate award for such items is taken or condemnedmade to Tenant and such separate award does not reduce the award to Landlord. Notwithstanding the foregoing, there in no event shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall Tenant be entitled to receive that portion of any and all awards necessary to compensate it compensation or award for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value loss of its leasehold estate and estate, if such compensation or award would reduce the damages award to which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsLandlord would otherwise be entitled.

Appears in 1 contract

Sources: Sublease Agreement (Smart Online Inc)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any is taken for public -------------- or quasi-public use by a governmental authority under the power of eminent domain or is conveyed to a governmental authority in lieu of such taking, and if the exercise taking or conveyance causes the remaining part of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall to be appropriated or condemneduntenantable and inadequate for use by Tenant for the purpose for which they were leased, or so much thereof that Sublessee cannot reasonably continue then Tenant, at its option and by giving notice within fifteen (15) days after the operation of its business thereontaking, may terminate this Sublease shall terminate Lease as of the time when date Tenant is required to surrender possession shall be required by such public or quasi-public authorityof the Premises. In the event that this Subleases shall not terminate after any If a part of the Premises is taken or condemnedconveyed but the remaining part is tenantable and adequate for Tenant's use, there then the Lease shall be a reduction in rental equal terminated as to the percentage part taken or 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 conveyed tenantable; and the Rent shall be reduced in proportion to the ground area part of the Premises which is taken or condemnedconveyed. CROET All compensation awarded for the taking or conveyance shall be entitled the property of Landlord without any deduction therefrom for any estate of Tenant, and Tenant hereby assigns to receive that portion of any Landlord all its right, title and all awards necessary interest in and to compensate it for the present value award. Tenant shall have the right, however, to recover from the governmental authority, but not from Landlord, such compensation as may be awarded to Tenant on account of the rents which it would have received in the future interruption of Tenant's business, moving and for the present value relocation expenses; and removal of its reversionary interest, Tenant's trade fixtures and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Sublease (Ibeam Broadcasting Corp)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental authority acting under the power of eminent domain or shall be conveyed to a governmental authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises (if any) to be untenable and inadequate for use by Tenant for the purposes for which they were Lease, then Tenant, at its right option, may terminate this Lease as of condemnation the date Tenant is required to surrender possession of the Premises. If a part of the Premises shall be so taken or eminent domainconveyed but the remaining part is rentable and adequate for Tenant's use, both CROET then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant surrenders possession;, Landlord shall make such repairs, alterations and Sublessee improvements as may be necessary to render the part not taken or conveyed rentable; and the rent shall be reduced in proportion to the part of the Premises so taken or conveyed (as measured by Landlord). 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 rights, title and interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an award and recover from the governmental authority, but not from Landlord, such compensation as may be awarded to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as Tenant on account of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part interruption of the Premises is taken or condemnedTenant's business, there shall be a reduction in rental equal moving and relocation expenses and depreciation to the percentage to the ground area and removal of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any Tenant's trade fixtures and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Branch Facility Lease (Village Bancorp Inc)

Eminent Domain. If all or any part more than twenty percent (20%) of the total square footage of the Leased Premises shall should be --------------- appropriated or condemned by taken for any public or quasi-public authority in the exercise of its use under any Law, ordinance or regulation or by right of condemnation eminent domain or eminent domainby private purchase in lieu thereof, both CROET this Lease shall terminate and Sublessee the Base Rent (excluding Base Rent accruing with respect to the period prior to the date of such termination) shall have be abated during the right unexpired portion of the Term, effective on the date physical possession is taken by the condemning authority. If less than twenty percent (20%) of the total square footage of the Leased Premises should be taken as aforesaid, this Lease shall not terminate; however, the Base Rent payable hereunder during the unexpired portion of the Term shall be reduced in proportion to prosecute a claim the area taken, effective on the date physical possession is taken by the condemning authority. Following such partial taking, Landlord shall make all necessary repairs or alterations necessary to make the Leased Premises an architectural whole; provided, however, in no event shall Landlord’s obligation to repair or alter the Leased Premises pursuant to this Section 16.2 exceed the amount of the Award (defined below) received by Landlord. All compensation awarded for an award and to share in any taking for public purposes, whether permanent or temporary (or the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all private sale in lieu thereof), of the Leased Premises (“Award”) shall be appropriated the property of Landlord, and Tenant hereby assigns its interest in any such Award to Landlord; however, Landlord shall have no interest in any award made to Tenant for loss of business or condemned, or so much thereof that Sublessee cannot reasonably continue for the operation taking of its business thereon, this Sublease shall terminate as Tenant’s fixtures and other personal property of the time when possession shall be required by Tenant if a separate award for such public or quasi-public authorityitems is made to Tenant. In the event that this Subleases Tenant shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it award made for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsunexpired Term.

Appears in 1 contract

Sources: Lease Agreement

Eminent Domain. If all or any part In the event that the whole of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in taken under the exercise power of its right of condemnation or eminent domain, both CROET and Sublessee this Lease shall have thereupon terminate as of the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forthdate possession shall be so taken. If all any portion of the Premises shall be appropriated or condemnedtaken as aforesaid, or so much thereof that Sublessee cannot reasonably continue then Landlord may, by written notice to Tenant, terminate this Lease and termination of the operation of its business thereon, this Sublease Lease shall terminate be effective as of the time when date possession shall be required by such public or quasi-public authorityis taken. In the event that this Subleases Lease is not so terminated, Landlord shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the building in which the Premises are located, but Landlord shall not terminate after any be required to spend for such repairs an amount in excess of the Amount Received by Landlord as damages for the part of the Premises is taken or condemned, there so taken. "Amount received by Landlord" shall be a reduction in rental equal to the percentage to the ground area mean that part of the Premises award in condemnation which is taken or condemned. CROET shall be entitled free and clear to receive that portion Landlord of any collection by mortgagees and after payment of all awards necessary costs involved in collection, including but not limited to compensate it for attorney's fees. In the present value event that Landlord does not terminate this Lease upon a partial taking of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, (i) Tenant, at its own cost and expense shall, restore all exterior signs, fixtures, equipment, leasehold improvements and other installations of personality of Tenant which are not taken to as near its former condition as the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal terms.circumstance will permit; and

Appears in 1 contract

Sources: Lease (Ziplink Inc)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any is taken for public or quasi-public use by a governmental authority under the power of eminent domain or is conveyed to a governmental authority in lieu of such taking, and if the exercise taking of its right conveyance causes the remaining part of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall to be appropriated or condemneduntenantable and inadequate for use by Tenant for the purpose for which they were leased, or so much thereof that Sublessee cannot reasonably continue then Tenant, at its option and by giving notice within fifteen (15) days after the operation of its business thereontaking, may terminate this Sublease shall terminate Lease as of the time when date Tenant is required to surrender possession shall be required by such public or quasi-public authorityof the Premises. In the event that this Subleases shall not terminate after any If a part of the Premises is taken or condemnedconveyed but the remaining part is tenantable and adequate for Tenant's use, there then this Lease shall be a reduction in rental equal terminated as to the percentage part taken or 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 conveyed tenantable; and the Rent shall be reduced in proportion to the ground area part of the Premises which is taken or condemnedconveyed. CROET All compensation awarded for the taking or conveyance shall be entitled to receive that portion the property of Landlord without any and all awards necessary to compensate it deduction therefrom for the present value any estate of the rents which it would have received in the future and for the present value of its reversionary interestTenant, and notwithstanding the termination of this SubleaseTenant hereby assigns to Landlord all its right, Sublessee shall be entitled to that portion of any title and all awards necessary to compensate it for the value of its improvements interest in and to the Premisesaward. Tenant shall have the right, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior however, to the end of the Sublease term, including any renewal terms.recover from the

Appears in 1 contract

Sources: Lease Agreement (Pacific State Bancorp)

Eminent Domain. If all the whole or any part substantial part, in Lessor’s discretion of the Premises shall should be --------------- appropriated or condemned by taken for any public or quasi-public authority in the exercise of its use under governmental law, ordinance or regulation, or by right of condemnation or eminent domain, both CROET or by private purchase in lieu thereof (a “Taking”), this Lease shall terminate and Sublessee the Rent shall be abated during the unexpired portion of this Lease, effective when the physical taking of the Premises shall occur. If there is a Taking of less than a substantial part of the Premises, this Lease shall not terminate, but the Base Rent payable hereunder during the unexpired portion of this Lease shall be reduced to such extent as may be fair and reasonable under all of the circumstances. In the event of any such Taking, Lessor and Lessee shall each be entitled to receive and retain such separate awards and/or portion of lump sum awards as may be allocated to their respective interests in any condemnation proceedings. Lessor shall be entitled to any award and all damages payable as a result of any condemnation or taking of the fee of the Premises. Lessee shall have the right to prosecute a claim for an award and to share recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in the proceeds Lessee’s own right on account of any and all awards based upon their respective interests as hereafter set forth. If all damage to the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its Terminal Facilities and/or Lessee’s business thereon, this Sublease shall terminate as by reason of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after condemnation, including loss of value of any part unexpired portion of the Premises is taken Term, and for or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion on account of any cost or loss to which Lessee might be put in removing Lessee’s personal property, fixtures, -20- leasehold improvements and all awards necessary to compensate it for equipment, including, without limitation, the present value of the rents which it would have received in the future and for the present value of its reversionary interestTerminal Facilities, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to from the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal terms.

Appears in 1 contract

Sources: Ground Lease Agreement

Eminent Domain. If all the whole or any material part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of its right of condemnation or eminent domain, both CROET the Premises not so taken to be untenantable and Sublessee shall have the right to prosecute a claim inadequate for an award and to share in the proceeds of any and all awards based upon their respective interests use by Tenant as hereafter herein set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereonas determined by Tenant, in Tenant’s reasonable discretion, this Sublease Lease shall terminate as of the time when possession shall be required by date of such public or quasi-public authoritytaking. In the event that this Subleases shall not terminate after any If a part of the Premises is shall be taken or condemnedconveyed but the portion remaining after restoration can be made usable for Tenant’s purpose, there as determined by Tenant, in Tenant’s reasonable discretion, then this Lease shall not be terminated as provided for in this Section 13, but this Lease shall be a reduction in rental equal terminated only as to the percentage to the ground area part taken or conveyed as of the Premises which is date Tenant surrenders possession, and Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or condemnedconveyed tenantable. CROET All compensation awarded for such taking or conveyance shall be entitled the property of Landlord without any deduction therefrom, except such compensation as may be awarded specifically to receive that portion Tenant by the condemnation authority(ies) on account of any moving and all awards necessary relocation expenses and depreciation to compensate it for the present value and removal of the rents which it would have received in the future Tenant’s trade fixtures and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Lease Agreement

Eminent Domain. If all or any part In case the whole of the Premises Premises, or such part thereof as shall substantially interfere with the Tenant’s use and occupancy thereof, shall be --------------- appropriated or condemned by taken for any public or quasi-public authority in the purpose by any lawful power or authority, by exercise of its the right of condemnation appropriation, condemnation, or eminent domain, both CROET and Sublessee shall have or sold to prevent such taking, the right to prosecute a claim for an award and to share in Tenant or the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of Landlord may at its business thereon, option terminate this Sublease shall terminate Lease effective as of the time when date possession shall is required to be required by such public or quasi-public surrendered to said authority. In the event that this Subleases Tenant shall not terminate after because of such taking assert any part claim against the Landlord or the taking authority for any compensation because of the Premises is taken or condemnedsuch taking, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET and Landlord shall be entitled to receive that portion the entire amount of any and all awards necessary to compensate it award without deduction for any estate or interest of Tenant. In the present value event the amount of property or the rents which it would have received in type of estate taken shall not substantially interfere with the future and for the present value conduct of its reversionary interestTenant’s business, and notwithstanding the termination of this Sublease, Sublessee Landlord shall be entitled to that portion the entire amount of the award without deduction for any estate or interest of Tenant, and all awards necessary Landlord at its option may terminate this Lease. If Landlord does not so elect, Landlord shall promptly proceed to compensate it restore the Premises to substantially their same condition prior to such partial taking, and a proportionate allowance shall be made to Tenant for the value of its improvements rent corresponding to the Premises, the value of its leasehold estate time during which said restoration is being made and the damages which it may sustain as a result of termination of this Sublease prior to the end part of the Sublease term, including Premises of which Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Paragraph shall be deemed to give Landlord any renewal termsinterest in any specific award made to Tenant for the taking of personal property and fixtures belonging to Tenant.

Appears in 1 contract

Sources: Office Lease (Eidos PLC)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated taken by governmental authority pursuant to its power of eminent domain (or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after Landlord conveys any part of the Premises is pursuant to a threat thereof), then the Premises shall be reduced in proportion to the amount so taken or condemnedconveyed, there unless the amount taken shall be a reduction so great that it would be impractical for Tenant, to continue operation, in rental equal to which event this Lease shall be canceled and terminated as of the percentage to the ground area date of such taking. All compensation awarded for any taking of the Premises which or the Property shall belong solely to and be the property of Landlord, and Tenant assigns to Landlord all of Tenant’s rights with respect hereto. However, Tenant may apply for reimbursement from the condemning authority (if permitted by law) for moving expenses, removal of Tenant’s equipment and/or trade fixtures, or loss of Tenant’s business good will, provided that any such reimbursement shall not reduce the amount of the award otherwise recoverable from the condemning authority by Landlord. If a portion of the Premises is taken and this Lease is not terminated, Landlord shall at its own expense restore the remaining portion of the Premises to a complete architectural unit, provided that (i) Landlord shall in no event be obligated to incur costs and expenses in excess of the condemnation award or condemnedproceeds actually received by Landlord and (ii) such work shall not exceed the scope of the Landlord’s Work. CROET Furthermore, in the event of such taking, the Rent shall be entitled to receive that portion of any and all awards necessary to compensate it for reduced proportionately based in the present value percentage of the rents which it would have received in the future Premises taken and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsnot restored by Landlord.

Appears in 1 contract

Sources: Lease Agreement (DSW Inc.)

Eminent Domain. If all or any part In case of whole of the Premises Premises, or such part thereof as shall substantially interfere with Tenant's use and occupancy thereof, shall be --------------- appropriated or condemned by taken for any public or quasi-public purpose by any lawful power or authority in the by exercise of its the right of appropriation, condemnation or eminent domain, both CROET and Sublessee or sold to prevent such taking, either party shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, terminate this Sublease shall terminate Lease effective as of the time when date possession is required to be surrendered to said authority. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking, and Landlord shall not be required by such public entitled to receive the entire amount of any award without deduction for any estate or quasi-public authorityinterest of Tenant. In the event that this Subleases the amount of property or the type of estate taken shall not substantially interfere with the conduct of Tenant's business, but other portions of the Building are taken such to render ownership of same undesirable as determined by Landlord in its discretion, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant, and Landlord at his opinion may terminate after any this Lease. If Landlord does not elect to so terminate, Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking, and a proportionate allowance shall be made to Tenant for the rent corresponding to the time during which, and to the part of the Premises is taken or condemnedof which, there Tenant shall be a reduction so deprived on account of such taking or restoration. Nothing contained in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET this Paragraph shall be entitled deemed to receive that portion of give Landlord any and all awards necessary interest in any award made to compensate it Tenant for the present value taking of the rents which it would have received in the future personal property and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled fixtures belonging to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant.

Appears in 1 contract

Sources: Office Lease (Lucys Cafe Inc)

Eminent Domain. If all the whole or any part of the Leased Premises or Building or Land (including the parking lot) (collectively referred to as "Property") shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Property to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then either Landlord or Tenant may, at their respective option, terminate this Lease as of the date Tenant is required to surrender possession of the Property by giving written notice of such termination to the other party. If a part of the Property shall be taken or conveyed but the remaining part is tenantable and adequate for Tenant's use, then this Lease shall be terminated as to the part taken or 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 conveyed tenantable; and Rental shall be reduced in proportion to the part of the Leased Premises so taken or conveyed. However, if the compensation awarded (reduced by any application thereof by Landlord's mortgagee to its right mortgage) is insufficient to restore the Property, Landlord shall have the option to terminate this Lease as of condemnation the date Tenant is required to surrender possession of the Leased Premises by giving Tenant written notice of such termination. All compensation awarded for such taking or eminent domainconveyance shall be the property of Landlord without any deduction therefrom, both CROET and Sublessee for any present or future estate of Tenant. However, Tenant shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemnedrecover from such authority, or so much thereof that Sublessee canbut not reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal terms.from

Appears in 1 contract

Sources: Office Lease (Idg Books Worldwide Inc)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental authority acting under the power of eminent domain or shall be conveyed to a governmental authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises (if any) to be untenantable and inadequate for use by Tenant for the purposes for which they were Lease, then Tenant, at its right option, may terminate this Lease as of condemnation the date Tenant is required to surrender possession of the Premises. If a part of the Premises shall be so taken or eminent domainconveyed but the remaining part is tenantable and adequate for Tenant’s use, both CROET then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and Sublessee improvements as may be necessary to render the part not taken or conveyed tenantable; and the rent shall be reduced in proportion to the part of the Premises so taken or conveyed (as measured by Landlord). 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 rights, title and interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an award and recover from the governmental authority, but not from Landlord, such compensation as may be awarded to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as Tenant on account of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part interruption of the Premises is taken or condemnedTenant’s business, there shall be a reduction in rental equal moving and relocation expenses and depreciation to the percentage to the ground area and removal of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any Tenant’s trade fixtures and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Bank Facility Lease (Midwest Banc Holdings Inc)

Eminent Domain. If all the whole of the Premises (or any such part of the Premises that the balance of the Premises is no longer suitable for Tenant's permitted use) shall be --------------- appropriated or condemned taken by any public or quasi-public authority in under the exercise of its right power of condemnation or eminent domain, both CROET the term of this Lease shall cease as of the date possession shall be taken by such public authority, except as to indemnity and Sublessee any pre-existing unperformed obligations, and Tenant shall pay Rent, additional rent and any other sums due under this Lease up to that date with an appropriate refund by Landlord of such Rent as may have been paid in advance for any period subsequent to the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forthdate possession is taken. If less than all of the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue taken (and the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part balance of the Premises is taken or condemnedsuitable for Tenant's permitted use), there the term of this Lease shall continue, but the Premises shall be a reduction in rental equal redefined to the percentage to the ground area properly identify and delete that portion of the Premises which that has been taken and Tenant shall pay Rent and any other sums due under this Lease up to the date of possession by a public authority with appropriate refund by Landlord of such prorated Rent as may have been paid in advance for any period subsequent to the date possession is taken or condemnedtaken. CROET Thereafter the Base Rent shall be proportionately adjusted and Tenant shall promptly restore the remaining improvements on the Premises, exclusive of any Landlord Signage effected by such taking. Landlord and Tenant shall each be entitled to receive that portion participate in the negotiations and settlement of any and all awards necessary to compensate it for amounts or other compensation in connection with the present value condemnation or other taking of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of Premises or any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspart thereof.

Appears in 1 contract

Sources: Chilled Water Service Agreement (Fitzgeralds Gaming Corp)

Eminent Domain. If all or any part a portion of the Premises shall be --------------- appropriated or condemned by a portion of the Premises is taken under the power of eminent domain (including any public or quasi-public authority conveyance made in lieu thereof) and such taking shall, in the exercise Tenant's reasonable judgment, make the operation of its right of condemnation or eminent domainTenant's business on the Premises impossible, both CROET and Sublessee then Tenant shall have the right to prosecute terminate this Lease by giving Landlord written notice of such termination within thirty (30) days after such taking; and if Tenant does not so elect to terminate this Lease, Landlord, at Landlord's expense, will repair and restore the Premises to tenantable condition, but only if it can do so at a claim cost not to exceed the proceeds paid to the Landlord from such taking. All compensation awarded for an award and to share in any taking (or the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all private sale in lieu thereof) whether for the Premises shall be appropriated whole or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any a part of the Premises is taken or condemnedPremises, there shall be a reduction in rental equal the property of the Landlord, whether such award is compensation for damages to the percentage to the ground area of the Premises which is taken Landlord's or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received Tenant's interest in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, and Tenant hereby assigns all Tenant's interest in any such award to Landlord; provided, however, Landlord shall have no interest in any award made to Tenant for loss of business or for the value taking of its leasehold estate Tenant's fixtures and other property within the damages which it may sustain as Premises if a result of termination of this Sublease prior to the end separate award for such items, or relocation of the Sublease termbusiness, including any renewal termsis made to Tenant.

Appears in 1 contract

Sources: Lease Agreement

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any is taken for public or quasi-public use by a governmental authority under the power of eminent domain or is conveyed to a governmental authority in lieu of such taking, and if the exercise taking or conveyance causes the remaining part of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall to be appropriated or condemneduntenantable and inadequate for use by Tenant for the purpose for which they were leased, or so much thereof that Sublessee cannot reasonably continue then Tenant, at its option and by giving notice within fifteen (15) days after the operation of its business thereontaking, may terminate this Sublease shall terminate Lease as of the time when date Tenant is required to surrender possession shall be required by such public or quasi-public authorityof the Premises. In the event that this Subleases shall not terminate after any If a part of the Premises is taken or condemnedconvoyed but the remaining part is tenantable and adequate for Tenant's use, there then this Lease shall be a reduction in rental equal terminated as to the percentage part taken or 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 conveyed tenantable; and the Rent shall be reduced in proportion to the ground area part of the Premises which is taken or condemnedconveyed. CROET All compensation awarded for the taking or conveyance shall be entitled the property of Landlord without any deduction therefrom for any estate of Tenant, and Tenant hereby assigns to receive that portion 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, such compensation as may be awarded to Tenant on account of (i) the then unamortized cost of any and all awards necessary to compensate it alterations paid for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for by Tenant; (ii) the value of its improvements Tenant's trade fixtures; (iii) Tenant's loss of goodwill (so long as such award does not reduce any award to the Premises, the value Landlord); (iv) Tenant's relocation costs and (v) Tenant's loss of its leasehold estate business and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsbusiness interruption.

Appears in 1 contract

Sources: Sub Sublease (Computer Literacy Inc)

Eminent Domain. If all the whole or any substantial part of the Premises shall be --------------- appropriated or condemned taken by any public or quasi-public authority in under the exercise power of its right of condemnation or eminent domain, both CROET then Landlord and Sublessee Tenant shall each have the right to prosecute a claim for an award and terminate this Lease upon written notice to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises other, which notice shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue delivered within thirty (30) days following the operation date notice is received of its business thereon, this Sublease shall terminate as such taking. All Rent paid in advance of the time when possession such date shall be required by such public or quasi-public authorityrefunded to Tenant. In the event that neither party hereto shall terminate this Subleases Lease, Landlord shall not terminate after any part make all necessary repairs to the Premises to render and restore the same to a complete architectural unit, and Tenant shall continue in possession of the portion of the Premises is not taken or condemnedunder the power of eminent domain, there under the same terms and conditions as are herein provided, except that the Rent reserved herein shall be a reduction reduced in rental equal direct proportion to the percentage to the ground area amount of the Premises which is taken to be taken. The entire compensation awarded in or condemnedby reason of said eminent domain proceedings shall belong to Landlord, whether such damages shall be awarded as compensation for diminution value to the leasehold or to the fee of the Premises. CROET Provided, however, Landlord shall not be entitled to receive that any portion of any the award made to Tenant for loss of business, personal property and leasehold improvements, such as, but not limited to equipment, fixtures, furniture, furnishings, carpeting, floor covering, wall covering, drapes, blinds, and all awards necessary other window coverings, belonging to compensate it for the present value of the rents which it would have received in the future Tenant, or moving expenses and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsrelocation benefits.

Appears in 1 contract

Sources: Commercial Lease Agreement (Sun Community Bancorp LTD)

Eminent Domain. If all or any substantial part of the buildings constituting the Leased Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemnedother competent authority, or so much thereof that Sublessee cannot reasonably continue the operation conveyed or transferred in lieu of its business thereoncondemnation, this Sublease Lease shall terminate as end on the date when the possession of the time when possession part so taken shall be required by such public authority, without apportionment of the award to or quasi-public authorityfor the benefit of Lessee. In the event that this Subleases If any condemnation proceeding shall not terminate after be instituted in which it is sought to take or damage any part of the Premises buildings, or if any part of the buildings is taken conveyed or condemnedtransferred in lieu of condemnation, there and such partial taking makes it necessary or desirable to remodel the buildings to conform to the taking, either Lessor or Lessee may cancel this Lease upon not less than sixty (60) days' prior written notice to the other party. If this Lease is terminated as hereinabove provided, the rentals at the then current rate shall be a reduction in rental equal to the percentage to the ground area apportioned as of the Premises which is taken date of termination. No money or condemned. CROET other consideration shall be entitled payable by Lessor to receive that portion of any and all awards necessary to compensate it Lessee for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result right of termination of this Sublease prior Lease pursuant to this article. All condemnation awards and other sums awarded shall be agreed upon by Lessor and the end condemning authority for the taking of the Sublease terminterest of Lessor and Lessee, including whether as damages or as compensation, and shall be the property of Lessor, free of any renewal termsclaim of Lessee, except that Lessor shall not be entitled to any award or compensation paid to Lessee for its moving expenses, business interruption damages or for any personal property of Lessee that may be taken in any such proceeding. If all or any portion of the Leased Premises which constitutes a parking area shall be taken, then Lessor shall use all reasonable efforts to make available to Lessee reasonably comparable replacement parking.

Appears in 1 contract

Sources: Real Estate Lease (Analytical Surveys Inc)

Eminent Domain. If all the whole or any part of the Leased Premises or Building or Land (including the parking lot) (collectively referred to as “Property”) shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Property to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then either Landlord or Tenant may, at their respective option, terminate this Lease as of the date Tenant is required to surrender possession of the Property by giving written notice of such termination to the other party. If a part of the Property shall be taken or conveyed but the remaining part is tenantable and adequate for Tenant’s use, then this Lease shall be terminated as to the part taken or 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 conveyed tenantable; and Rental shall be reduced in proportion to the part of the Leased Premises so taken or conveyed. However, if the compensation awarded (reduced by any application thereof by Landlord’s mortgagee to its right mortgage) is insufficient to restore the Property, Landlord shall have the option to terminate this Lease as of condemnation the date Tenant is required to surrender possession of the Leased Premises by giving Tenant written notice of such termination. All compensation awarded for such taking or eminent domainconveyance shall be the property of Landlord without any deduction therefrom, both CROET and Sublessee for any present or future estate of Tenant. However, Tenant shall have the right to prosecute a claim for an award recover from such authority, but not from Landlord, such compensation as may be awarded to Tenant on account of moving and relocation expenses and depreciation to share in the proceeds and removal of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant’s property.

Appears in 1 contract

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

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. 23.01 In the event that this Subleases shall not terminate after the land, Building or any part of thereof or the Demised Premises is taken or condemned, there any part thereof shall be a reduction taken in rental equal condemnation proceedings or by the exercise of any right of eminent domain or by agreement between the Landlord on the one hand and any governmental authority authorized to exercise such right on the percentage to the ground area of the Premises which is taken or condemned. CROET other hand, Landlord shall be entitled to receive collect from any condemnor the entire award or awards that portion may be made in any such proceeding without deduction therefrom for any estate hereby vested in or owned by Tenant, to be paid out as in this Article provided. Tenant hereby expressly assigns to Landlord all of its right, title and interest in or to every such award and also agrees to execute any and all awards necessary further documents that may be required in order to compensate it for facilitate the present value collection thereof by Landlord. 23.02 At any time during the term of this Lease if title to the whole or substantially all of the rents which it would have received land, Building and/or Demised Premises shall be taken in condemnation proceedings or by the future exercise of any right of eminent domain or by agreement between the Landlord on the one hand and for any governmental authority authorized to exercise such right on the present value other hand, this Lease shall terminate and expire on the date of its reversionary interest, such taking and notwithstanding the termination fixed rent and additional rent provided to be paid by Tenant shall be apportioned and paid to the date of such taking. For the purposes of this SubleaseArticle "substantially all of the land, Sublessee Building and/or Demised Premises" shall be entitled deemed to that have been taken if the remaining portion of any and all awards necessary to compensate it for the value of its improvements to the Premisessuch land, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal terms.Building or Demised Premises not so taken cannot reasonably or practicably be repaired or

Appears in 1 contract

Sources: Lease (At Plan Inc)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in taken under the exercise power of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease Lease Agreement shall terminate as to the part so taken on the date Tenant is required to yield possession thereof to the condemning authority. To the extent the government compensates Landlord, Landlord shall make such repairs and alterations as may be necessary in order to restore the part not taken to useful condition and the minimum rental shall be reduced proportionately as to the portion of the time when possession shall be required by such public or quasi-public authorityLeased Premises so taken. In If the event that this Subleases shall not terminate after any part portion of the Leased Premises so taken renders the balance of the Leased Premises untenantable, taking into account the nature of Tenant's business, either party may terminate this Lease Agreement as of the date when Tenant is taken required to yield possession. If twenty-five percent (25%) or condemned, there shall be a reduction in rental equal to more of the percentage to the ground total rentable floor area of the Premises which Building or the parking areas located on the Lot is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value as aforesaid, then Landlord may terminate this Lease Agreement as of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end date of the Sublease termtaking. All compensation awarded for any taking of the leasehold and/or the improvements thereon shall belong to and be the property of Landlord; provided, including any renewal termshowever, that nothing contained herein shall prevent Tenant from applying for reimbursement from the condemning authority (if permitted by law) for relocation expenses, or removal of Tenant's furniture, business equipment and such fixtures as Tenant is permitted to remove hereunder, but if and only if such action shall not reduce the amount of compensation otherwise recoverable by Landlord from the condemning authority.

Appears in 1 contract

Sources: Lease Agreement (Mace Security International Inc)

Eminent Domain. a. If all or any part more than twenty-five percent (25%) of the Premises shall be --------------- taken or appropriated or condemned by any public or quasi-public authority in under the exercise power of its right of condemnation or eminent domain, both CROET and Sublessee either party hereto shall have the right right, at its option, to prosecute a claim for an award terminate this Lease and Landlord shall be entitled to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemnedincome, rent, award, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall any interest therein whatsoever which may be required by paid or made in connection with such public or quasi-public authorityuse or purpose, and Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. In If either less than or more than twenty-five percent (25%) of the event that this Subleases Premises is taken, and neither party elects to terminate as herein provided, the rental thereafter to be paid shall not terminate after be equitably reduced. If any part of the Project other than the Premises is may be so taken or condemnedappropriated, there Landlord shall be a reduction in rental equal have the right, at its option to the percentage terminate this Lease without liability to the ground area of the Premises which is taken or condemned. CROET Tenant and Landlord shall be entitled to receive that portion the entire award as above provided. b. Although all damages in the event of any condemnation are to belong to Landlord, whether such damages are awarded as compensation for diminution in value of the leasehold or the fee estate in the Premises, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded to or recoverable by Tenant in Tenant's own right on account of any and all awards necessary damage to compensate it for the present value Tenant's business by reason of the rents condemnation and for, or on account of, any cost or loss to which it would have received Tenant might be put in the future removing Tenant's merchandise, furniture, fixtures, leasehold improvements and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsequipment.

Appears in 1 contract

Sources: Office Building Lease (Schimatic Cash Transactions Network Com Inc)

Eminent Domain. If all the whole or any part more than fifty (50%) percent of the Premises leased premises shall be --------------- appropriated or condemned taken by any public authority under the power of eminent domain or quasi-sold to public authority under threat or in lieu of such a taking, then the exercise term of its right of condemnation or eminent domainthis Lease shall cease on the part so taken, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when day possession shall be required taken by such public authority, and the rent shall be paid up to that date. Landlord or quasi-Tenant may, by written notice to the other, within thirty (30) days from the date possession is taken by public authority, terminate this Lease. In the event that neither Landlord or Tenant terminates this Subleases Lease, all of the terms herein provided shall not terminate after any continue in effect, except that as of the date possession is taken by public authority, the rent and other charges payable by Tenant to Landlord shall be reduced in proportion to the floor area of the leased premises taken and Landlord shall, at its expense, make all necessary repairs or alterations to the basic building, so as to constitute the remaining leased premises a complete architectural unit, and Tenant, at Tenant's sole cost, shall similarly act with respect to Tenant's improvements, trade fixtures, furnishings and equipment. All damages awarded for such taking under the power of eminent domain or sale under threat or in lieu of such taking, whether for the whole or a part of the Premises is taken or condemnedleased premises, there shall belong to and be the property of Landlord, irrespective of whether such damages shall be a reduction awarded as compensation for diminution in rental equal value to the percentage leasehold or to the ground area fee of the Premises which is taken leased premises, and Tenant shall have no claim against either Landlord or condemned. CROET the condemning authority with respect thereto; provided, however, that Landlord shall not be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interestaward specifically designated as compensation for, depreciation to, and notwithstanding the termination cost of this Sublease, Sublessee shall be entitled to that portion removal of any Tenant's stock and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsfixtures.

Appears in 1 contract

Sources: Lease Agreement (Integral Vision Inc)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any is taken for public or quasi-public use by a governmental authority under the power of eminent domain or is conveyed to a governmental authority in lieu of such taking, and if the exercise taking or conveyance causes the remaining part of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall to be appropriated or condemneduntenantable and inadequate for use by Tenant for the purpose for which they were leased, or so much thereof that Sublessee cannot reasonably continue then Tenant, at its option and by giving notice within thirty (30) days after the operation of its business thereontaking, may terminate this Sublease shall terminate Lease as of the time when date Tenant is required to surrender possession shall be required by such public or quasi-public authorityof the Premises. In the event that this Subleases shall not terminate after any If a part of the Premises is taken or condemnedconveyed but the remaining part is tenantable and adequate for Tenant's use, there then this Lease shall be a reduction in rental equal terminated as to the percentage part taken or 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 conveyed tenantable; and the Rent shall be reduced in proportion to the ground area part of the Premises which is taken or condemnedconveyed. CROET All compensation awarded for the taking or conveyance shall be entitled the property of Landlord without any deduction therefrom for any estate of Tenant, and Tenant hereby assigns to receive that portion of any Landlord all its right, title and all awards necessary interest in and to compensate it for the present value award. Tenant shall have the right, however, to recover from the governmental authority, but not from Landlord, such compensation as may be awarded to Tenant on account of the rents which it would have received in the future interruption of Tenant's business, moving and for the present value relocation expenses and removal of its reversionary interest, Tenant's t▇▇▇▇ ▇ixtures and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Lease Agreement (North Valley Bancorp)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental authority under the power of eminent domain or shall be conveyed to a governmental authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then Tenant may, at its right option, terminate this Lease as of condemnation the date Tenant is required to surrender possession of the Premises. If a part of the Premises shall be taken or eminent domainconveyed but the remaining part is tenantable and adequate for Tenant's use, both CROET then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and Sublessee improvements as may be necessary to render the part not taken or conveyed tenantable; and the rent shall be reduced in proportion to the part of the Premises so taken or conveyed. 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 prosecute a claim for an award and recover from the governmental authority, but not from Landlord, such compensation as may be awarded to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as Tenant on account of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part interruption of the Premises is taken or condemnedTenant's business, there shall be a reduction in rental equal moving and relocation expenses and depreciation to the percentage to the ground area and removal of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any Tenant's trade fixtures and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Behringer Harvard Reit I Inc)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then either Landlord or Tenant may, at their respective option, terminate this Lease as of the date Tenant is required to surrender possession of the Premises by giving written notice of such termination to the other party. If a part of the Premises shall be taken or conveyed but the remaining part is tenantable and adequate for Tenant’s use, then this Lease shall be terminated as to the part taken or 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 conveyed tenantable to the extent the condemnation award proceeds received by Landlord are sufficient therefore; and the rent shall be reduced in proportion to the part of the Premises so taken or conveyed. 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 of condemnation or eminent domainright, both CROET title and Sublessee interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an recover from such authority, but not from Landlord, such compensation as may be awarded to Tenant on account of moving and relocation expenses and depreciation to and removal of Tenant’s property, so long as such award and to share in the proceeds of Tenant does not reduce any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal award payable to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsLandlord.

Appears in 1 contract

Sources: Lease Agreement (First Indiana Corp)

Eminent Domain. If all the whole or any substantial part of the Leased Premises or the Building in which they are located shall be --------------- appropriated or condemned taken by any public or quasi-public authority in under the exercise power of its right of condemnation or eminent domain, both CROET then the term of this Lease shall cease on the part as taken on the date possession of that part shall be required for public use, and Sublessee any rent paid in advance of such date shall be refunded to Tenant, and Landlord and Tenant shall have the right to prosecute a claim for an award and terminate this Lease upon written notice to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises other, which notice shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue delivered within thirty (30) days following the operation date notice is received of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authoritytaking. In the event that neither party hereto shall terminate this Subleases Lease, Landlord shall make all necessary repairs to the Leased Premises and the Building to render and restore the same to a complete architectural unit and Tenant shall continue in possession of the portion of the Leased Premises not taken under the power of eminent domain, under the same terms and conditions as are herein provided, except that the rent reserved herein shall be reduced in direct proportion to the amount of the Leased Premises so taken. All damages awarded for such taking shall belong to and be the property of Landlord, whether such damages be awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises; provided, however, Landlord shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that any portion of any the award made to Tenant for removal and all awards necessary to compensate it for the present value reinstallation of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsfixtures or moving expenses.

Appears in 1 contract

Sources: Lease Agreement (Focal Communications Corp)

Eminent Domain. If all Lessee's use of the Premises is materially affected due to the taking by eminent domain of: (a) the Premises or any part thereof or any estate therein; or (b) any other part of the Building, or Office Building Area (including the parking area), then, in either event, this Lease shall terminate on the date when title vests pursuant to such taking. The Fixed Basic Rent and any Additional Rent, shall be apportioned as of said termination date and any Fixed Basic Rent or Additional Rent paid for any period beyond said date, shall be repaid to Lessee (such obligation to survive the termination of this Lease). Lessee shall not be entitled to any part of the Premises shall be --------------- appropriated award for such taking or condemned by any public or quasi-public authority payment in the exercise of its right of condemnation or eminent domainlieu thereof, both CROET and Sublessee shall have the right to prosecute but Lessee may file a separate claim for an award any taking of fixtures and to share improvements owned by Lessee which have not become Lessor's property, and for moving expenses, provided the same shall, in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated no way, affect or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authoritydiminish Lessor's award. In the event that of a partial taking which does not effect a termination of this Subleases shall not terminate after any part Lease but does deprive Lessee of the Premises is taken or condemneduse of a portion of the Premises, there shall either be a an abatement or an equitable reduction in rental equal to the percentage to the ground area of the Fixed Basic Rent and Additional Rent, and an equitable reduction of the Base Period Costs as established in the Preamble depending on the period for which and the extent to which the Premises which is so taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it are not reasonably usable for the present value of the rents purpose for which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsthey are leased hereunder.

Appears in 1 contract

Sources: Lease Agreement (Alteon Inc /De)

Eminent Domain. a. If all or any part of the Premises shall be --------------- appropriated Building and Property is condemned or condemned taken (Taking) by a any public or quasi-public authority in having the power to exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemnedsuch rights (Taking Authority), or so much thereof that Sublessee cannot reasonably continue if Landlord shall convey or lease any part of the operation Building and Property to a Taking Authority in settlement of its business thereona threat of a Taking, this Sublease Lease shall terminate as of the time when date possession shall be required by such public is taken upon: (i) a total Taking; or quasi-public authority. (ii) a partial Taking if in the Tenant’s sole but commercially reasonable opinion the remainder of the Building and Property are not commercially reasonably suitable for the normal operation of Tenant’s business. b. In the event that this Subleases shall of a partial Taking which does not terminate after any part this Lease, the Landlord shall make the repairs and alterations necessary to restore the structural portion of the Premises is taken or condemnedremainder of the Building and Property to its prior condition and/or to return the Common Area to a condition suitable for Tenant’s use. From the date of the partial Taking, there the Rent, Additional Rent and any Prorata Share owed by the Tenant shall be a reduction abated in rental equal proportion to the percentage to the ground area of the Premises which is taken or condemned. CROET Building and Property taken. c. Tenant shall be entitled to receive that any portion of any the award paid by the Taking Authority for Tenant’s moving costs and all awards necessary to compensate it for the present value of the rents which it would have received in unexpired portion of the future then current term and for the present value of its reversionary interestany remaining renewal terms, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of any leasehold alterations or improvements that have been made by Tenant. Notwithstanding the foregoing, if necessary, Tenant join in and upon Tenant’s request, Landlord shall pursue on Tenant’s behalf and expense a separate claim for reimbursement from the Taking Authority for moving expenses, goodwill, and for removal of trade fixtures or other personal property owned by Tenant or other damages suffered if its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsclaim is permitted by law.

Appears in 1 contract

Sources: Building Lease (Natural Grocers by Vitamin Cottage, Inc.)

Eminent Domain. If all the whole of the demised premises (or such part thereof as shall render the remainder of the premises untenantable) shall be taken by any public authority under the power of eminent domain, then the term of this Lease shall cease on the day possession is required by the condemning authority. If only a portion of the premises is taken, and if such taking does not render the remainder of the premises untenantable, then this Lease shall not terminate, and from that day onward, Tenant shall continue in the possession of the remainder of the demised premises under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the warehouse situated on the demised premises taken. landlord shall, within a reasonable time after such taking, at its own cost and expense, make repairs necessary due to the partial taking in order to allow the Tenant the continued usage of the remainder of the demised premises, provided, however, Landlord shall not be required to expend any amounts in excess of the severance damages paid by the condemning authority in connection with such taking. The parties agree that Tenant shall not be entitled to any damage by reason of the taking of its leasehold interest or any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domainthereof, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET but Tenant shall be entitled to receive that portion of prove and collect for its damages to fixtures and any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interestleasehold improvements made by it, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value extent that such improvements shall not have been improvements that are replacements or substitutions of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsimprovements theretofore installed by Landlord.

Appears in 1 contract

Sources: Office/Warehouse Lease (Exactech Inc)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises to be untenantable and inadequate of use by Tenant for the purpose for which they were leased, then Tenant may, at its option, terminate this Lease as of the date Tenant is required to surrender possession of the Premises by giving Landlord written notice of such termination. If a part of the Premises shall be taken or conveyed but the remaining part is tenantable and adequate for Tenant's use, then this Lease shall be terminated as to the part taken or 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 conveyed tenantable; and the rent shall be reduced in proportion to the part of the Premises so taken or conveyed. All compensation awarded for any 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 of its right of condemnation or eminent domainright, both CROET title and Sublessee interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an award recover from such authority, but not from Landlord, such compensation as may be awarded to Tenant on account of moving and relocation expenses and depreciation to share in the proceeds and removal of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant's property.

Appears in 1 contract

Sources: Lease Agreement (Team America Corporation)

Eminent Domain. If all or any part of the Premises or the Land shall be --------------- appropriated taken by governmental authority under the power of eminent domain or condemned by any public or quasi-public shall be conveyed to governmental authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises or the Land to be untenantable and inadequate for use by Tenant for the purpose leased, then Landlord may, at its right option, terminate this Lease as of condemnation the date Tenant is required to surrender possession of the Premises. If a part of the Premises or eminent domainthe Land shall be so taken or conveyed but the remaining part is tenantable and adequate for Tenant's use, both CROET in Tenant's reasonable discretion, then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant surrenders possession. Landlord shall make such repairs, alterations and Sublessee improvements as may be necessary to render the part not taken or conveyed tenantable. Rent shall be reduced in proportion to the part of the Premises so taken or conveyed. 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. Tenant hereby assigns to Landlord all its right, title and interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an award and recover from the governmental authority, but not from Landlord, such compensation as may be separately awarded to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as Tenant on account of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part interruption of the Premises is taken or condemnedTenant's business, there shall be a reduction in rental equal moving and relocation expenses and depreciation to the percentage to the ground area and removal of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any Tenant's trade fixtures and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Standard Office/Warehouse Lease (Navarre Corp /Mn/)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that the Building and/or the parking areas servicing the Building, or in the sole opinion of Landlord, any portion thereof necessary to the continued efficient and/or economically feasible use of the Building, shall be taken or condemned in whole or in part for public purposes, or sold to a condemning authority to prevent taking, then the Term of this Subleases shall not terminate after any part Lease shall, at the option of Landlord, forthwith cease and terminate. If the Premises is taken in its entirety, or if only a portion of the Premises is taken but the remainder is not, in Tenant’s reasonable opinion, suitable for Tenant’s use, then this Lease shall terminate. In addition, if a portion of the parking spaces at the Project is taken so that the remainder does not satisfy the parking requirements set forth in Article 15 hereof, and if Landlord fails, within sixty (60) days of such taking to provide alternate parking reasonably accessible to the Building, Tenant may, within ten (10) days of such taking, terminate this Lease by delivering written notice thereof to Landlord. All compensation awarded for such taking or condemned, there conveyance shall be a reduction the property of Landlord without any deduction therefrom for any present or future estate of Tenant, and Tenant hereby assigns to Landlord all of its right, title and interest in rental equal and to any such award. Notwithstanding the foregoing, Tenant shall be permitted to file its own claim with the condemning authority for Tenant’s moving costs and leasehold improvements (to the percentage to extent that same were paid for by Tenant without contribution from Landlord), provided that no such claim by Tenant shall reduce the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion amount of any and all awards necessary award payable to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsLandlord.

Appears in 1 contract

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

Eminent Domain. If all or the whole of the leased premises shall be taken by any public authority under the power of eminent domain, then the term of this Lease shall cease as of the day possession shall be taken by such public authority, and the rent shall be paid up to that day with a proportionate refund by Landlord of such rent as may have been paid in advance for a period subsequent to the date of the taking. If only a part of the Premises leased premises shall be --------------- appropriated or condemned taken by any public or quasi-public authority in under the exercise power of its right of condemnation or eminent domain, both CROET and Sublessee then either Landlord or Tenant shall have the right to prosecute a claim for an award terminate this Lease and declare the same null and void by written notice of such intention to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by other party within ten (10) days after such public or quasi-public authoritytaking. In the event neither party exercises said right of termination, this Lease term shall cease only on the part so taken as of the day possession shall be taken by such public authority and Tenant shall pay rent up to that this Subleases day, with appropriate refund by Landlord of such rent as may have been paid in advance for a period subsequent to the date of the taking, and thereafter all the terms herein provided shall not terminate after any continue in effect, except that the fixed monthly rental shall be reduced in proportion to the amount of the leased premises taken and Landlord shall at its own cost and expense make all the necessary repairs or alterations to the basic building as originally installed by Landlord so as to constitute the remaining leased premises a complete architectural unit. All damages awarded for such taking under the power of eminent domain, whether for the whole or a part of the Premises is taken or condemnedleased premises, there shall belong to and be the property of Landlord, whether such damages shall be a reduction awarded as compensation for diminution in rental equal value to the percentage leasehold or to the ground area fee of the Premises which is taken or condemned. CROET premises; provided, however, that Landlord shall not be entitled to receive that portion of any and all awards necessary to compensate it the award made for the present value of the rents which it would have received in the future and for the present value of its reversionary interestdepreciation to, and notwithstanding the termination cost of this Subleaseremoval of, Sublessee shall be entitled to that portion of any Tenant's stock and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsfixtures.

Appears in 1 contract

Sources: Lease Agreement (Mercantile Bank Corp)

Eminent Domain. If all or any part the whole of the Premises shall be --------------- appropriated taken or condemned by any competent authority for any public use or quasi-public purpose or if such portion thereof shall be taken or condemned as shall materially change the character of the Premises so as to prevent House Corporation from using them in substantially the same manner as theretofore used, the term hereby granted shall cease on the day prior to the taking of possession by such authority or the day prior to vesting of title in the exercise of its right of condemnation or eminent domainsuch authority, both CROET whichever first occurs, and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds appropriate pro rata portion of any and all awards based upon their respective interests as hereafter set forthrent paid in advance by House Corporation shall be refunded. If all a portion of the Premises shall be appropriated condemned or condemnedtaken, or so much thereof that Sublessee canand if such taking does not reasonably continue result in a material alteration in the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part character of the Premises is taken or condemnedso as to prevent House Corporation from using them in substantially the same manner as theretofore used, there then this Lease shall continue in effect, and any damage to the Premises shall be a reduction in rental equal repaired by Vanderbilt, but only to the percentage extent of such condemnation award. After the date House Corporation is required to surrender possession of the portion taken, the rental payable hereunder shall be reduced in proportion to the ground area of decrease in the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present fair rental value of the rents which it would have received in the future and Premises. The entire award of damages or compensation for the present value a taking of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, whether such taking be in whole or in part, shall belong to and be the value property of its leasehold estate Vanderbilt, except for such compensation as may be made for House Corporation's moving or relocation expenses, which compensation shall belong to and be the damages which it may sustain as a result property of termination of this Sublease prior to the end of the Sublease term, including any renewal termsHouse Corporation.

Appears in 1 contract

Sources: Lease Agreement

Eminent Domain. If all the whole or any part of the Premises or Project (including parking areas) shall be --------------- appropriated or condemned by any taken for public or quasi-public quasipublic use by a governmental authority under the power of eminent domain or shall be conveyed to a governmental authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then Tenant may, at its option, terminate this Lease as of the date Tenant is required to surrender possession of the Premises as a result of such taking. If a part of the Premises or Project shall be taken or conveyed but the remaining part is tenantable and adequate for Tenant’s use, then this Lease shall be terminated as to the part taken or 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 conveyed tenantable; and the rent shall be reduced in proportion to the part of the Premises so taken or conveyed. Tenant shall not have the right to assert a claim against the governmental authority exercising its power of condemnation eminent domain based upon the value of Tenant’s leasehold interest. All compensation awarded for such taking or eminent domainconveyance 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, both CROET title and Sublessee interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an award and recover from the governmental authority, but not from Landlord, such compensation as may be awarded to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as Tenant on account of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part interruption of the Premises is taken or condemnedTenant’s business, there shall be a reduction in rental equal moving and relocation expenses and depreciation to the percentage to the ground area and removal of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any Tenant’s trade fixtures and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Lease Agreement (Cray Inc)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated condemned or condemned acquired by eminent domain for any public or quasi-public use or purpose, then the term of this Lease shall cease and terminate as to the portion of the Premises so condemned as of the date of vesting of title in such proceeding and all rentals shall be paid up to the date of the vacating of the Premises (or part thereof as the case may be) by Tenant and Tenant shall have no claim against Landlord nor the condemning authority in for the exercise value of its right any unexpired term of this Lease. In the event of any condemnation or eminent domaintaking as aforesaid, both CROET whether whole or partial, Tenant shall not be entitled to any part of the award paid for such condemnation and Sublessee shall have Landlord is to receive the full amount of such award, Tenant hereby expressly waiving any right or claim to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forthpart thereof. If all only a portion of the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by taken in any such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemnedeminent domain proceeding, there shall be a reduction in rental equal proportionate adjustment of the Base Rent applying the provisions of Subsection 3.4 (a), as though (for purposes of applying Subsection 3.4(a)) the condemnation/taking were a Landlord termination of the Lease as to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal terms/taken.

Appears in 1 contract

Sources: Lease Agreement (Capital Properties Inc /Ri/)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemnedPremises, or so much thereof that Sublessee cannot reasonably continue as to render the operation -------------- balance unusable for the Permitted Use, shall be taken under power of its business thereoneminent domain, this Sublease Lease shall automatically terminate as of the time when later of the date of such condemnation, or the date possession shall be required is taken by such public the condemning authority, or quasi-public authorityas otherwise herein provided. In the event that this Subleases shall not terminate after any part of a partial taking, Tenant, at its sole discretion, may elect to continue its occupancy in the remaining portion of the Premises is taken and Base Rent will be proportionately adjusted. Landlord will retain any award which may be made in such taking or condemned, there shall be a reduction in rental equal condemnation as such relates to the percentage to Building including, but not limited to, all fee, leasehold and easement estates in the ground area of land upon which the Building and the Premises which is taken or condemnedlocated. CROET shall be entitled to Tenant will receive that portion of any and all awards necessary as such relate to compensate it for the present value Tenant's loss of the rents which it would have received in the future business, Tenant's furniture, fixtures and for the present value of its reversionary interestequipment, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its Tenant's improvements to the Premises, and other items as such related to Tenant. In the value event of its leasehold estate and the damages a partial taking which it may sustain as does not result in a result of termination of this Sublease prior Lease, Base Rent shall be proportionately adjusted. Landlord may without any obligation or liability to Tenant stipulate with any condemning authority for a judgment of condemnation, and the end date of taking under this clause shall then be deemed the Sublease term, including any renewal termsdate agreed to under the terms of said stipulation.

Appears in 1 contract

Sources: Lease Agreement (Pac-West Telecomm Inc)

Eminent Domain. Section 1. If all or any part of the Leased Premises shall be --------------- appropriated or condemned taken by any public or quasi-a public authority under the power of eminent domain and Landlord is unable to provide substitute space within the area of the Airborne Commerce Park, then the term of this Lease shall cease as of the day possession shall be taken by such public authority, and the rent shall be paid up to that date with a proportionate refund by Landlord of such rent as shall have been paid in advance. Section 2. If less than substantially all of the exercise floor area of the Leased Premises shall be so taken, as of the day possession shall be taken by such public authority, and the rent shall be paid up to that day with a proportionate refund by Landlord of such rent as may have been paid in advance, and thereafter the minimum rent shall be equitably abated, and Landlord shall at its right of condemnation own cost and expense make all necessary repairs or eminent domainalterations as to constitute the remaining Leased Premises a complete architectural unit. If Tenant shall not be able to reasonably operate its business, both CROET and Sublessee then Tenant shall have the right to prosecute terminate this Lease on 60 days written notice. Section 3. All damages awarded for such taking under the power of eminent domain, whether for the whole or a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemnedLeased Premises, there shall be a reduction the property of Landlord whether such damages shall be awarded as compensation for diminution in rental equal value of the leasehold or to the percentage to the ground area fee of the Premises which is taken or condemned. CROET Leased Premises; provided, however, that the Landlord shall not be entitled to receive that portion any separate award made to Tenant for loss of any business, depreciation to and all awards necessary to compensate it for the present value cost of the rents which it would have received in the future removal of stock and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsfixtures.

Appears in 1 contract

Sources: Lease Addendum (Decisionone Corp /De)

Eminent Domain. If all the whole or any material part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority in having the exercise power of its right of condemnation or eminent domain, both CROET or shall be conveyed to such authority in lieu of such taking, and Sublessee if such taking or conveyance shall cause the remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which it was leased, then Tenant may, at its option, terminate this Lease as of the date Landlord is required to surrender possession of the Premises. In such event, all Rent due under this Lease shall be apportioned to and shall cease as of the date Landlord is required to surrender possession of the Premises, and Landlord and Tenant shall be released from all further obligations and liability hereunder (except for any obligations previously incurred hereunder). If a part of the Premises shall be taken or conveyed, but the remaining part is tenantable and adequate for Tenant’s use, Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or conveyed tenantable and the Rent shall be equitably reduced in proportion to the part of the Premises so taken or conveyed. 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 of its right, title and interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an award recover from such authority, but not from Landlord, such compensation as may be awarded to Tenant on account of moving and relocation expenses and depreciation to share in and removal of Tenant’s Personal Property and alterations or tenant improvements, if any, installed by Tenant pursuant to the proceeds Lease, provided there is no diminution of any the awards otherwise payable to Landlord and all awards based upon their respective interests as hereafter set forth. If all those holding liens on the Premises shall be appropriated or condemned, or so much any portion thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsreason thereof.

Appears in 1 contract

Sources: Lease Agreement

Eminent Domain. If all or any part of the Premises shall be --------------- taken or appropriated under the power of eminent domain or condemned by any public or quasi-public authority conveyed in the exercise of its right of condemnation or eminent domainlieu thereof, both CROET and Sublessee either party shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forthterminate this Lease at its option. If all any part of the Building shall be taken or appropriated under power of eminent domain or conveyed in lieu thereof, Landlord may terminate this Lease at its option. In either of such events, Landlord shall receive such portions of the condemnation award as the court shall allow. If a part of the Premises shall be so taken or appropriated or condemnedconveyed and neither party hereto shall elect to terminate this Lease and the Premises have been damaged as a consequence of such partial taking or appropriation or conveyance, the Landlord shall restore the Premises continuing under this Lease at the Landlord’s cost and expense; provided, however, that Landlord shall not be required to repair or so much thereof that Sublessee cannot reasonably continue restore any injury or damage to the operation property of Tenant or to make any repairs or restoration of any alterations, additions, fixtures or improvements installed on the Premises by or at the expense of Tenant. Thereafter, the rent to be paid under this Lease for the remainder of its business thereon, this Sublease shall terminate as of the time when possession term shall be required proportionately reduced, such reduction to be based upon the extent to which the partial taking or appropriation or conveyance shall interfere with the business carried on by such public or quasi-public authorityTenant on the Premises. In the event that this Subleases of a taking, nothing contained herein shall not terminate after any part of prevent Tenant from making a claim for damages and expenses associated with the Premises is taken Tenant Improvements or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsmoving expenses.

Appears in 1 contract

Sources: Lease (Constant Contact, Inc.)

Eminent Domain. If all or any part the whole of the Premises Leased Property is condemned for any public use or purpose by any legally constituted authority, this Lease shall cease from the date of such taking and rental shall be --------------- appropriated or accounted for between the Landlord and the Tenant as of the date of the surrender of possession. If any portion of the Leased Property is so condemned by any public or quasi-public authority in and the exercise of its right of condemnation or eminent domainproperty so taken shall make the Leased Property unsuitable for the purposes contemplated hereunder, both CROET and Sublessee Tenant shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemnedterminate this Lease, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate effective as of the time when possession date of such taking and the rental shall be required by such public or quasi-public authoritysimilarly accounted for. In If a portion of the event that this Subleases Leased Property shall be taken and Tenant shall not so elect to terminate this Lease, the rental shall, from and after any part the date of the Premises is taken or condemned, there shall taking be a reduction proportionately reduced in rental an amount equal to the percentage to the ground area portion of the Premises which is Leased Property so taken or condemned. CROET and Landlord shall be entitled to receive that forthwith restore the remaining portion of any and all awards necessary the Leased Property to compensate it for a complete architectural unit provided that the present value of the rents which it would have award received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain by Landlord as a result of termination such partial condemnation is sufficient for such restoration. Unless the condemnation award specifically allows or clearly implies that a portion thereof be allocated to Tenant for trade fixtures, alterations, additions, and improvements, moving expenses or other consequential damages, Tenant shall have no right of this Sublease prior to the end recovery against Landlord for any portion of the Sublease term, including any renewal termssuch condemnation award.

Appears in 1 contract

Sources: Commercial Lease (Eautoclaims Com Inc)

Eminent Domain. (a) If all or any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in taken as a result of the exercise of its right the power of condemnation or eminent domain, both CROET and Sublessee this Lease shall terminate as to the part so taken as of the date 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 prosecute a claim for an award and terminate this Lease as to share in the proceeds balance of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue by notice to the operation of its business thereon, this Sublease shall terminate as other within thirty (30) days after the date of the time when possession shall be required by such public or quasi-public authoritytaking. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area partial taking of the Premises which is taken or condemned. CROET does not result in a termination of this Lease, the monthly Base Rent thereafter to be paid shall be entitled equitably reduced on a square footage basis. If the continued occupancy of Tenant is materially interfered with for any time during the partial taking, notwithstanding the partial taking does not terminate this Lease as to receive that portion 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 any and all awards necessary the fee title shall belong to compensate it Landlord whether such compensation be awarded or paid as compensation for the present diminution in value of the rents which it would leasehold or of the fee except: Tenant shall retain and have received in the future and a claim for the present following, to the extent specifically designated by the condemning authority: (i) the unamortized value over the Term of its reversionary interest, and notwithstanding Tenant's leasehold improvements (to the termination of this Sublease, Sublessee shall be entitled extent Landlord has not contributed to the cost thereof); (ii) that portion (if any) of any and all awards necessary the award made to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain Landlord as a result of termination of this Sublease prior to the end of the Sublease termremoving fixtures, including any renewal terms.removable by

Appears in 1 contract

Sources: Sublease Agreement (Cerent Corp)

Eminent Domain. If all the Leased Premises or any part thereof shall be taken by eminent domain, which taking shall render the remainder of the Leased Premises unsuitable for occupancy and use by Lessee for the purpose intended by Lessee, then an▇ ▇▇ ▇uch event, the full current amount payable to the date of taking, or the prorated amount of that month's rent to the taking, shall be paid to Lessor, and this lease shall terminate as of the date of taking. If only a part of the Leased Premises shall be --------------- appropriated or condemned taken by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee such taking shall not unduly interfere with the occupancy and use of the Leased Premises for the purpose intended by Lessee, then an▇ ▇▇ ▇uch event, the full amount payable for and upon such taking shall be paid to Lessor, and from and after the date of such taking, only a just and proportionate part of the rentals for the Leased Premises hereby reserved shall be paid by Lessee. Lessee shall have the right to prosecute a claim for an award and to share recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in the proceeds Lessee's own rig▇▇ ▇▇ account of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemneddamage to Lessee's leaseh▇▇▇ ▇nterest, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as to Lessee's busine▇▇ ▇▇ reason of the time when possession shall be required by such public condemnation, and for or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion on account of any cost or loss to which Lessee might be put in removing Lessee's merch▇▇▇▇▇▇, furniture, fixtures, leasehold improvements and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsequipment.

Appears in 1 contract

Sources: Triple Net Lease (Azco Mining Inc)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental authority under the power of eminent domain or shall be conveyed to a governmental authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then Tenant may, at its right option, terminate this Lease as of condemnation the date Tenant is required to surrender possession of the Premises. If a part of the Premises shall be taken or eminent domainconveyed but the remaining part is tenantable and adequate for Tenant’s use, both CROET then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and Sublessee improvements as may be necessary to render the part not taken or conveyed tenantable; and the rent shall be reduced in proportion to the part of the Premises so taken or conveyed. 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 prosecute a claim for an award and recover from the governmental authority, but not from Landlord, such compensation as may be awarded to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as Tenant on account of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part interruption of the Premises is taken or condemnedTenant’s business, there shall be a reduction in rental equal moving and relocation expenses and depreciation to the percentage to the ground area and removal of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any Tenant’s trade fixtures and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Lease Agreement (Vital Images Inc)

Eminent Domain. If all the whole or any part of the Leased Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Leased Premises to be unTenantable and inadequate for use by Tenant for the purpose for which they were leased, then either Landlord or Tenant may, at their respective option, terminate this Lease as of the date Tenant is required to surrender possession of the Leased Premises by giving written notice of such termination to the other party. If a part of the Leased Premises shall be taken or conveyed but the remaining part is Tenantable and adequate for Tenant's use, then this Lease shall be terminated as to the part taken or 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 conveyed Tenantable to the extent the condemnation award proceeds received by Landlord are sufficient therefor; and the rent shall be reduced in proportion to the part of the Leased Premises so taken or conveyed. 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 Landlord all its right of condemnation or eminent domainright, both CROET title and Sublessee interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an award recover from such authority, but not from Landlord, such compensation as may be awarded to Tenant on account of moving and relocation expenses and depreciation to share in the proceeds and removal of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant's property.

Appears in 1 contract

Sources: Office Lease (Twin Cities Power Holdings, LLC)

Eminent Domain. If all the whole or any part of the floor area of the Leased Premises hereby leased or access thereto shall be --------------- appropriated taken by public authority under the power of eminent domain, then the term of this Lease shall cease at the option of the Tenant as of the date possession thereof or condemned title thereto shall be taken by such public authority, and the rent shall be paid up to that date with a proportionate refund by Landlord of such rent as shall have been paid in advance. In the event that as a result of any taking under the power of eminent domain the common areas and the parking area shall be reduced to less than Eighty Percent (80%) of its former area, or access thereto shall be materially reduced Tenant may, at Tenant's sole election, terminate the term of this Lease by giving Landlord notice of the exercise of its election within sixty (60) days after taking, and the termination shall be effective as of the time that possession of the part so taken shall be required for public use. Thereafter the parties shall be relieved of all subsequent obligations under the terms of this Lease. Landlord reserves to itself, and Tenant assigns to Landlord, all rights to damages accruing on account of any taking under the power of eminent domain or by reason of any act of any public or quasi-public authority in the exercise for which damages are payable. Tenant agrees to execute instruments of its right of condemnation or eminent domainassignment as may be reasonably required by Landlord, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share turn over to Landlord any damages that may be recovered in the proceeds of any proceedings. It is agreed and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemnedunderstood, or so much thereof however, that Sublessee canLandlord does not reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal reserve to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interestitself, and notwithstanding the termination Tenant does not assign to Landlord, any damages payable for loss of this Subleasebusiness or goodwill, Sublessee shall be entitled and loss of favorable leasehold, depreciation to that portion and costs of any removal of stock and all awards necessary to compensate it for the value trade fixtures of its improvements to the PremisesTenant and relocation of Tenant's signs, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsif any.

Appears in 1 contract

Sources: Lease (Leiner Health Products Inc)

Eminent Domain. If all or any part of the Leased Premises shall be --------------- appropriated or condemned by and taken for any public or quasi-public authority use, this Lease shall wholly expire on the date title shall vest in the exercise condemnor. Tenant shall not have any claim against Landlord by reason of its right of any condemnation or eminent domaintaking of the whole or any part of the Leased Premises, both CROET the Mixed Use Center or any other building on the Property, or the Property itself, nor shall Tenant have any claim to the amount of any portion thereof that may be paid or awarded as compensation and Sublessee shall have damages or otherwise paid as a result of any condemnation and taking, except for the right value at the time of such taking of any leasehold improvements paid for by Tenant. Except for any amounts paid for the value at the time of the taking of any leasehold interest of the Tenant, Tenant hereby assigns to prosecute a claim for an award Landlord all Tenant’s right, title and interest in and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated amounts awarded or condemned, or so much thereof that Sublessee cannot reasonably continue the operation paid by reason of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authorityany condemnation and taking. In the event that this Subleases shall not terminate after any part of a partial appropriation of less than twenty-five percent (25%) of the Premises is taken or condemnedparking lot for the Property, there the Lease shall continue in effect but the rental shall be reduced in a reasonable amount to be agreed to by the Landlord and Tenant or the Landlord shall furnish the Tenant other like parking. If the appropriation is of twenty-five (25%) or more of the parking lot for the Property, Tenant shall have the option of terminating this Lease or of continuing same with a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any Base Rent and all awards necessary to compensate it for the present value of the rents which it would have received Additional Rent, as applicable, in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain a reasonable amount as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsaforesaid.

Appears in 1 contract

Sources: Lease (BYTE Acquisition Corp.)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any is taken for public or quasi-public use by a governmental authority under the power of eminent domain or is conveyed to a governmental authority in lieu of such taking, and if the exercise taking or conveyance causes the remaining part of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall to be appropriated or condemneduntenantable and inadequate for use by Tenant for the purpose for which they were leased, or so much thereof that Sublessee cannot reasonably continue then Tenant, at its option and by giving notice within fifteen (15) days after the operation of its business thereontaking, may terminate this Sublease shall terminate Lease as of the time when date Tenant is required to surrender possession shall be required by such public or quasi-public authorityof the Premises. In the event that this Subleases shall not terminate after any If a part of the Premises is taken or condemnedconveyed but the remaining part is tenantable and adequate for Tenant’s use, there then this Lease shall be a reduction in rental equal terminated as to the percentage part taken or 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 conveyed tenantable; and the rent shall be reduced in proportion to the ground area part of the Premises which is taken or condemnedconveyed. CROET All compensation awarded for the taking or conveyance shall be entitled the property of Landlord without any deduction therefrom for any estate of Tenant, and Tenant hereby assigns to receive that portion of any Landlord all its right, title and all awards necessary interest in and to compensate it for the present value award. Tenant shall have the right, however, to recover from the governmental authority, but not from Landlord, such compensation as may be awarded to Tenant on account of the rents which it would have received in the future interruption of Tenant’s business, moving and for the present value relocation expenses and removal of its reversionary interest, ▇▇▇▇▇▇’s trade fixtures and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Lease Agreement

Eminent Domain. If all or during the term of this Lease any part of the Building and Land is taken by condemnation or conveyed to an entity having the power to take property by condemnation under threat of such a taking, Landlord may elect to terminate this Lease by giving Tenant sixty (60) days advance written notice or to continue the Lease if the Premises will still be usable for Tenant's purpose, the Rental and Additional Rental, if any, shall be --------------- appropriated or condemned by any public or quasi-public authority reduced in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal proportion to the percentage to the ground area of the Premises which is so taken or condemnedconveyed and Landlord shall repair any damage to the Premises or the Building and Land resulting from such taking. CROET All sums awarded or agreed upon between Landlord and the condemning authority for the taking or conveyance, whether as damages or as compensation, shall be entitled to receive that portion the property of any and all awards necessary to compensate it Landlord only. Tenant may make its own request for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it compensation for the value of its Tenant's leasehold, moving expenses, and the improvements paid for by Tenant, provided it does not diminish or otherwise affect Landlord's recovery. If this Lease is terminated pursuant to the Premisesprovisions of this Paragraph 15.4, the value of its leasehold estate such termination shall be effective on and the damages which it may sustain Rental and Additional Rental, if any, shall be payable up to the date that possession is taken by the authority condemning or threatening to condemn and Landlord shall refund to Tenant any prepaid unaccrued Rental and Additional Rental, if any, less any sums then owing by Tenant to Landlord. For the purposes of this Section 15.4, a sale to an entity having the power to take property by condemnation under threat of condemnation shall constitute a vesting of title and shall be construed as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termstaking by such condemning authority.

Appears in 1 contract

Sources: Standard Office Lease (Payment Data Systems Inc)

Eminent Domain. If all the whole of the Premises, the Building or the Property, or such portion thereof as will make the Building or Premises unusable in the reasonable judgment of Landlord for their intended purposes, is condemned or taken by any legally constituted authority for any public use or purpose or if Landlord shall grant a deed or other instrument in lieu of such taking by power of eminent domain or condemnation, then this Lease shall terminate 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 such date. If a portion of the Building or Premises is so taken, but not such amount as will make the Premises unusable in the reasonable judgment of Landlord for the purposes herein leased, or if this Lease has not terminated, this Lease shall continue in full force and effect and the Rent shall be reduced pro rata in proportion to the amount of the Premises so taken. Tenant shall have no right or claim to any part of the Premises any award made to or received by Landlord for such condemnation or taking, and all awards for such condemnation or taking shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domainmade solely to Landlord; provided, both CROET and Sublessee however, that Tenant shall have the right to prosecute a claim pursue any separate award for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation loss of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any equipment and all awards necessary to compensate it for the present value of the rents which it would have received in the future trade fixtures and for moving expenses so long as such action does not reduce the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled award to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsLandlord is entitled.

Appears in 1 contract

Sources: Industrial Lease Agreement (Under Armour, Inc.)

Eminent Domain. If all a part of the Project is taken by eminent domain or deed in lieu thereof which is so substantial that the Premises cannot reasonably be used by Tenant for the operation of its business, then either party may terminate this Lease effective as of the date of the taking. If any substantial portion of the Project is taken without affecting the Premises, then Landlord may terminate this Lease as of the date of such taking. Rent shall abate from the date of the taking in ▇▇▇▇▇rtion to any part of the Premises taken. The entire award for a taking of any kind shall be --------------- paid to Landlord, and Tenant shall have no right to share in the award. All obligations accrued to the date of the taking shall be performed by the party liable to perform said obligations, as set forth herein. Notwithstanding anything to the contrary contained in this Section 10, if, during the Term, the use or occupancy of any part of the Project or the Premises shall be taken or appropriated or condemned by temporarily for any public or quasi-public authority in the exercise of its use under any governmental law, ordinance or regulation, or by right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises this Lease shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required and remain unaffected by such public taking or quasi-public authorityappropriation and Tenant shall continue to pay in full all Rent payable hereunder by Tenant during the Term. In the event that this Subleases shall not terminate after of any part of the Premises is taken such temporary appropriation or condemnedtaking, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET Tenant shall be entitled to receive that portion of any and all awards necessary to compensate it award which represents compensation for the present value loss of use or occupancy of the rents which it would have received in Premises during the future and for the present value of its reversionary interestTerm, and notwithstanding the termination of this Sublease, Sublessee Landlord shall be entitled to receive that portion of any award which represents the cost of restoration and all awards necessary to compensate it compensation for the value loss of its improvements to use or occupancy of the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to Premises after the end of the Sublease term, including any renewal termsTerm.

Appears in 1 contract

Sources: Lease (Newcare Health Corp)

Eminent Domain. If all Lessee's use of the Premises is materially affected due to the taking by eminent domain of: (a) the Premises or any part thereof or any estate therein; or (b) any other part of the Building (including the parking area(s) servicing the Building), then, in either event, this Lease shall terminate on the date when title vests pursuant to such taking. The Fixed Basic Rent and any Additional Rent, shall be apportioned as of said termination date and any Fixed Basic Rent or Additional Rent paid for any period beyond said date, shall be repaid to Lessee (such obligation to survive the termination of this Lease). Lessee shall not be entitled to any part of the Premises shall be --------------- appropriated award for such taking or condemned by any public or quasi-public authority payment in the exercise of its right of condemnation or eminent domainlieu thereof, both CROET and Sublessee shall have the right to prosecute but Lessee may file a separate claim for an award any taking of fixtures and to share improvements owned by Lessee which have not become Lessor's property, and for moving expenses, provided the same shall, in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated no way, affect or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authoritydiminish Lessor's award. In the event that of a partial taking which does not effect a termination of this Subleases shall not terminate after any part Lease but does deprive Lessee of the Premises is taken or condemneduse of a portion of the Premises, there shall either be a an abatement or an equitable reduction in rental equal to the percentage to the ground area of the Fixed Basic Rent and Additional Rent, and an equitable reduction of the Base Period Costs as established in the Preamble depending on the period for which and the extent to which the Premises which is so taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it are not reasonably usable for the present value of the rents purpose for which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsthey are leased hereunder.

Appears in 1 contract

Sources: Lease Agreement (Barr Laboratories Inc)

Eminent Domain. If all or any part In the event that the whole of the Leased Premises shall be --------------- appropriated or are condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease Lease shall terminate as of the time when possession shall be date on which Tenant is required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of condemnor to vacate the Leased Premises is taken or condemned, and there shall be no further liability upon Landlord or Tenant hereunder. If only a reduction in rental equal to the percentage to the ground area portion of the Leased Premises is condemned which renders the portion of the Leased Premises not taken unsuitable, in Tenant's reasonable judgment, for the conduct of Tenant's business, Tenant may, if it shall so elect, terminate this Lease as of the date on which Tenant is taken or condemnedrequired by Condemnor to vacate the Leased Premises by giving Landlord written notice of the exercise of such election not less than 20 days prior to such vacation date. CROET If, after the exercise of eminent domain, this Lease is not terminated, Tenant shall do such work as may be reasonably necessary to restore the remainder of the Leased Premises to tenantable condition for Tenant's uses, but shall not be required to expend for restoration more than the award received for the condemnation. The work shall be entitled commenced promptly after the date when Tenant is required by the Condemnor to receive that portion vacate the premises taken and completed with due diligence, except for delays due to governmental regulations, acts of any and all awards necessary God, unusual scarcity of or inability to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interestobtain labor or materials, and notwithstanding the termination of this Subleaselabor disputes, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsor other causes beyond Tenant's control.

Appears in 1 contract

Sources: Lease Agreement (Chemical Leaman Corp /Pa/)

Eminent Domain. If all the whole or any part of the Leased Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Leased Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then Tenant may, at its right of condemnation or eminent domainoption, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forthterminate this Lease. If all a part of the Leased Premises shall be appropriated taken or condemnedconveyed but the remaining part is, in Tenant's reasonable judgment, tenantable and adequate for Tenant's use, then this Lease shall be terminated as to the part taken or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate conveyed as of the time when possession date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or conveyed tenantable; and the rent shall be required by such public or quasi-public authority. In reduced in proportion to the event that this Subleases shall not terminate after any part of the Leased Premises is so taken or condemned, there conveyed. All compensation awarded for such taking or conveyance shall be a reduction in rental equal to the percentage to the ground area property of the Premises which is taken Landlord without any deduction therefrom for any present or condemned. CROET shall be entitled to receive that portion future estate of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interestTenant, and notwithstanding the termination of this SubleaseTenant hereby assigns to Landlord all its right, Sublessee shall be entitled title and interest in and to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termssuch award.

Appears in 1 contract

Sources: Lease Agreement (I Trax Inc)

Eminent Domain. If all or Either party may terminate this Lease if any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any material part of the Premises is taken or condemnedcondemned for any public or quasi-public use under Law, by eminent domain or private purchase in lieu thereof (a “Taking”). Landlord shall also have the right to terminate this Lease if there is a Taking of any portion of the Building 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 a reduction in rental equal to the percentage to the ground area effective as of the Premises which is taken effective date of any order granting possession to, or condemnedvesting legal title in, the condemning authority. CROET All compensation awarded for a Taking shall be entitled the property of Landlord. If Landlord has the right to receive that portion of any and all awards necessary terminate this Lease pursuant to compensate it for this Article 12, Landlord agrees to exercise such right in a nondiscriminatory fashion among tenants in the present value Building. Consideration of the rents which it would have received following factors in arriving at its decision shall not be deemed discriminatory: Length of term remaining on the future Lease, time needed to repair and for the present value restore, costs of its reversionary interestrepair and restoration not covered by condemnation proceeds, Landlord's plans to repair and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to restore Common Areas serving the Premises, Landlord's plans for repair and restoration of the value of its leasehold estate Building, and other factors relevant to Landlord's decision as long as they are applied to Tenant in the damages which it may sustain same manner as a result of termination other tenants. Tenant agrees that the provisions of this Sublease prior Lease shall govern any Taking and shall accordingly supersede any contrary statute or rule of law. The foregoing, however, shall not be deemed to the end of the Sublease term, including any renewal termspreclude Tenant from recovering a separate award for Tenant’s moving expenses and Tenant’s personal property and equipment.

Appears in 1 contract

Sources: Lease (Redwood Trust Inc)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken by eminent domain or condemneddeed in lieu thereof which is so substantial that the Premises cannot reasonably be used by Subtenant for the operation of its business, then either party may terminate this Sublease effective as of the date of the taking. Rent shall a▇▇▇▇ from the date of the taking in proportion to any part of the Premises taken. If there shall be is a reduction in rental equal to the percentage to the ground area temporary taking of a part of the Premises which is taken so substantial that the Premises cannot reasonably be used by Subtenant for the operation of its business, then Rent shall a▇▇▇▇ from the date of the taking in proportion to any part of the Premises taken. The entire award for a taking of any kind shall be paid to Landlord or condemned. CROET Sublandlord, and Subtenant shall have no right to share in the award, except (i) for the portion of any award based on the value of the Tenant Improvements financed by Subtenant in excess of the Tenant Improvement Allowance; provided, however, that nothing contained herein shall be deemed to give Landlord or Sublandlord any interest in or require Subtenant to assign to Landlord or Sublandlord any separate award made to Subtenant for the taking of Subtenant’s personal property and trade fixtures, or its relocation costs, and (ii) in the event of a temporary taking in which there was no Rent abatement under this Sublease, then Subtenant shall be entitled to receive that any portion of any and all awards necessary the award which was intended to compensate it Sublandlord for lost rent during the present value period of the rents which it would have received in temporary taking. All obligations accrued to the future and for date of the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee taking shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsperformed by each party.

Appears in 1 contract

Sources: Sublease Agreement (ShoreTel Inc)

Eminent Domain. If 9.1 In the event that the entire Premises or such portion thereof as would deprive Tenant of all or any part beneficial use of the Premises shall be --------------- appropriated is taken or condemned by any competent authority for any public or quasi-public authority in the exercise of its right of condemnation use or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemnedpurpose, or so much thereof that Sublessee cannot reasonably continue the operation is sold as a result of its business thereon, an impending taking or condemnation (a "taking") this Sublease Lease shall terminate as of the time when possession shall be required by such public or quasi-public authoritydate of the taking. In the event that this Subleases shall not terminate after any part If a taking relates only to a portion of the Premises or Tenant is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area not deprived of all beneficial use of the Premises, Landlord (after such taking or condemnation and the determination of Landlord's award therein) shall expend so much as may be necessary of the net amount of Landlord's award in effecting any restoration necessary to make the Premises which is taken or condemnedtenantable and the Lease shall continue without reduction of the rent. CROET In any event of a taking, Tenant shall be entitled to receive that portion a pro rata refund of any rental paid in advance and all awards necessary compensation awarded and" paid for such taking shall belong to compensate it for and be the present value property of Landlord irrespective of the rents basis upon which it would have received in the future and for the present value of its reversionary interestis awarded, and notwithstanding the termination of this Sublease, Sublessee shall be entitled Tenant hereby specifically assigning to that portion of Landlord any and all awards necessary to compensate it award or compensation for the value of its Tenant's leasehold estate. Tenant may, however, claim and recover from the condemning authority, but not from Landlord, compensation for damages recoverable only by Tena▇▇, ▇▇ Tenant's own right, for or on account of any cost or loss to which Tena▇▇ ▇▇▇ht be put in removing Tena▇▇'▇ ▇erchandise, furniture, trade fixtures and equipment and loss of business and improvements paid for by Tenant and expenses compensable to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant by statute.

Appears in 1 contract

Sources: Lease Agreement (General Dynamics Corp)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental authority under the power of eminent domain or shall be conveyed to a governmental authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then Tenant may, at its right option, terminate this Lease as of condemnation the date Tenant is required to surrender possession of the Premises. If a part of the Premises shall be taken or eminent domainconveyed but the remaining part is tenantable and adequate for Tenant’s use, both CROET then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and Sublessee improvements as may be necessary to render the part not taken or conveyed tenantable; and the rent shall be reduced in proportion to the part of the Premises so taken or conveyed. 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 prosecute a claim for an award and recover from the governmental authority, but not from Landlord, such compensation as may be awarded to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as Tenant on account of the time when possession shall be required by interruption of Tenant’s business, moving and relocation expenses and depreciation to and removal of Tenant’s trade fixtures and personal property, so long as such public or quasi-public authority. In award does not reduce the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsLandlord’s award.

Appears in 1 contract

Sources: Office Lease (Endocyte Inc)

Eminent Domain. If Except as may be otherwise agreed to by Landlord and Tenant as provided in this Section 16, if all of the Premises, or such portion of the Premises as renders the remainder impractical for the Permitted Use, are taken by any public authority under the power or threat of eminent domain or by private purchase in lieu thereof, then the term of this Lease shall cease as of the date possession shall be taken by such public authority, and Landlord shall make a pro rata refund of any Annual Base Rent that may have been paid in advance. In the event that only a part of the Premises is so taken and Tenant’s ability to carry on the Permitted Use as originally intended by Tenant has not been impeded, there shall be --------------- appropriated a pro rata reduction in Annual Base Rent for the period following such taking based on the portion of the Premises rendered untenantable for the Permitted Use, and all other terms and provisions hereof shall remain in full effect. All damages awarded for any such taking shall belong to and be the property of Landlord for diminution in value to this leasehold or condemned by to the fee of the Premises; provided, however, that Landlord shall not be entitled to any public or quasi-public authority in portion of the exercise award made to Tenant for loss of its right business, depreciation to and cost of condemnation or eminent domain, both CROET removal of stock and Sublessee fixtures. Tenant shall have the right to prosecute a claim for an seek its own award and to share in from the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cancondemning authority provided it does not reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsdiminish Landlord’s award.

Appears in 1 contract

Sources: Lease Agreement (HS Spinco, Inc.)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated Building, parking area or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemnedPremises, or so much such part thereof that Sublessee cannot reasonably continue as will make the operation same unusable for the purposes contemplated by this Lease, be taken under the power of its business thereoneminent domain (or a conveyance in lieu thereof), then this Sublease Lease shall terminate as of the time when date possession is taken by the condemnor, and Rent shall be required by adjusted between Landlord and Tenant as of such public or quasi-public authoritydate. In the event that this Subleases shall not terminate after any part If only a portion of the Building, parking area or Premises is taken or condemnedand Tenant can continue use of the remainder for the purposes contemplated by this Lease, there then this Lease will not terminate, but Rent shall be abat▇ ▇▇ a reduction in rental equal just and proportionate amount to the percentage to loss of use occasioned by the ground area of the Premises which is taken or condemnedtaking. CROET Landlord shall be entitled to receive and retain the entire award for the affected portion of the Building. Tenant shall have no right or claim to advance any claim against Landlord for any part of any award made to or received by Landlord for any taking and no right or claim for any alleged value of the unexpired portion of this Lease, or its leasehold estate except that portion of such award allocable to leasehold or other tenant improvements made at Tenants cost and expense, or for costs of removal, relocation, business interruption expense or any and all awards necessary other damages arising out of such taking. Tenant, however, shall not be prevented from making a claim against the condemning party (but not against Landlord ) for any moving expenses, loss of profits, or taking of Tenant's personal property (other than its leasehold estate) to compensate it for which Tenant may be entitled. Any such award shall not reduce the present value amount of the rents which it would have received in the future and for the present value of its reversionary interestaward otherwise payable to Landlord, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsif any.

Appears in 1 contract

Sources: Office Lease (Lifepoint Hospitals Holdings Inc)

Eminent Domain. If all or any part the whole of the Leased Premises shall be --------------- appropriated or condemned taken by any public authority acting under the power of eminent domain or quasi-public authority similar proceeding or conveyance in the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereonlieu thereof, this Sublease Lease shall terminate as of the time when possession date of such taking or conveyance, and Tenant shall be required pay Base Rental and all additional rental up to that date with an appropriate refund by Landlord of such public or quasi-public authorityrent as may have been paid in advance of any period subsequent to the date on which this Lease shall have been terminated. In the event that this Subleases shall not terminate after any If only part of the Leased Premises is taken or condemned, there if part of the Building shall be a reduction in rental equal taken or conveyed even though the Leased Premises are not affected, Landlord, at this option, may terminate this Lease by written notice to Tenant given within 120 days after landlord shall have received notice of such taking. Otherwise the Lease shall cease only as to the percentage portion so taken and the Base Rent shall be reduced in proportion to the ground area taking. If Landlord does not terminate this Lease as herein provided, Landlord shall make all necessary repairs and alterations to the Building so as to constitute the Building and Leased Premises as a complete architectural unit. All compensation awarded for any taking under the power of eminent domain, whether for the whole or part of the Leased Premises, shall be the property of Landlord, whether such damages shall be awarded as compensation for diminution in the value of the leasehold or to the fee of the Leased Premises which is taken or condemned. CROET otherwise and Tenant hereby assigns to Landlord all of Tenant's right, title and interest in and to any and all such compensation, provided, however, Landlord shall not be entitled to receive that portion of any and all awards necessary award made to compensate it Tenant for the present value taking of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant's Property.

Appears in 1 contract

Sources: Office Lease (Us Unwired Inc)

Eminent Domain. If all or any part substantially all of the Premises Building or Site, or the use and occupancy thereof, shall be --------------- appropriated or condemned by any public or quasi-public authority in taken under the exercise power of its right of condemnation or eminent domain, both CROET or if so much of the Building is taken under the power of eminent domain that Tenant is prevented from effectively using the Building for its intended purpose (ie., Tenant must relocate its heavy equipment or is otherwise prevented from using the laboratory area for its intended purpose), Landlord or Tenant may, at any time after the entry of the verdict or order for such taking, terminate this Lease by not less than thirty (30) days notice in writing to the other. All damages and Sublessee compensation awarded for any taking under the power of eminent domain shall have belong to and be the right to prosecute a claim property of Landlord, whether such damages or compensation be awarded for an award and to share the leasehold or the fee or other interest of Landlord or Tenant in the proceeds Premises; provided, however, that Landlord shall not be entitled to any award made for Tenant’s loss of any and all awards based upon their respective interests as hereafter set forthbusiness, the removal of Tenant’s property or Tenant’s relocation costs. If all the Premises Building and Site shall be appropriated or condemnedtaken under the power of eminent domain, or so much thereof that Sublessee cannot reasonably continue then the operation term of its business thereon, this Sublease Lease shall terminate cease as of the time when day actual possession shall be required taken by such public or quasi-public authoritypower and the rent shall be paid up to that day with a pro rata refund by Landlord of any prepaid rent. In the event that this Subleases shall not terminate after any part If a portion of the Premises is taken or condemnedby eminent domain, there this Lease shall terminate only as to that part so taken as of the day possession shall be a reduction taken by such public authority, and thereafter, all the terms herein shall continue in rental equal effect, except the Base Annual Rent shall be reduced in proportion to the percentage to amount of the ground Building area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsso taken.

Appears in 1 contract

Sources: Commercial Lease (Material Sciences Corp)

Eminent Domain. If all or any part the whole of the Leased Premises shall be --------------- appropriated acquired or condemned by eminent domain for any public or quasi-public authority use or purpose, then the terms of this Lease shall cease and terminate at the date of title vesting in the exercise of its right of condemnation or eminent domain, both CROET such proceeding and Sublessee all rentals shall be paid up to that date and neither party shall have the right to prosecute a claim against the other party for an award and to share in the proceeds value of any and all awards based upon their respective interests as hereafter set forthunexpired term of this Lease. If all any part of the Leased Premises shall be appropriated acquired or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required condemned by such eminent domain for any public or quasi-public authorityuse or purpose, and in the event that such partial taking or condemnation shall render the Leased Premises unsuitable for the business of Lessee, then the terms of this Lease shall cease and terminate as of the date of title vesting in such proceeding and Lessee shall have no claim against Owner for the value of any unexpired term of this Lease. In the event of a partial taking or condemnation which is not extensive enough to render the Leased Premises unsuitable for the business of Lessee, then Owner shall promptly restore the Leased Premises to a condition comparable to its condition at the time of such condemnation less the portion lost in the taking, and this Lease shall continue in full force and effect except that this Subleases shall not terminate after any part of the Premises is taken or condemned, there monthly rent shall be a reduced in proportion to the reduction in rental equal to the percentage to the ground gross area of the Premises which is taken Leased Premises. All damages awarded or condemned. CROET compensation paid for any such taking or conveyance shall belong to and be the property of Owner, whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the demised Leased Premises; provided, however, that Owner shall not be entitled to receive that any portion of any the award or payment made to Lessee for loss of business and all awards necessary to compensate it for the present value depreciation of the rents which it would have received in the future and for the present value cost of its reversionary interest, removal of merchandise and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termstrade fixtures.

Appears in 1 contract

Sources: Lease Agreement (Lafayette Community Bancorp)

Eminent Domain. 16.1. If all or any part more than twenty percent (20%) of the floor area of the Demised Premises shall should be --------------- appropriated or condemned by taken for any public or quasi-public authority in the exercise of its use under governmental law, ordinance or regulation, or by right of condemnation eminent domain or eminent domainby private purchase in lieu thereof, both CROET this Lease shall terminate and Sublessee the rent shall have be abated during the right unexpired portion of this Lease, effective on the date physical possession is taken by the condemning authority. 16.2. If some portion of the Building or the land associated therewith, but less than twenty percent (20%) of the floor area of the Demised Premises should be taken as aforesaid, then at the Landlord's option this Lease shall either terminate and the Annual Base Rent shall be abated during the unexpired portion of this Lease, effective on the date physical possession is taken by the condemning authority or this Lease shall not terminate in which case the Annual Base Rent payable hereunder during the unexpired portion of this Lease shall be reduced in proportion to prosecute a claim the area taken, effective on the date physical possession is taken by the condemning authority. Following such partial taking, Tenant shall make all necessary repairs or alterations within the scope of Tenant's Work as described in EXHIBITS B-1 AND C necessary to make the Demised Premises an architectural whole. 16.3. All compensation awarded for an award and to share in any taking (or the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all private sales in lieu thereof) of the Demised Premises or the property shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation property of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interestLandlord, and notwithstanding Tenant assigns its interest in any such award to Landlord; provided, however, Landlord shall have no interest in any award made to Tenant for loss of business or the termination taking of this Sublease, Sublessee shall be entitled Tenant's fixtures and other property if a separate award for such items is made to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant.

Appears in 1 contract

Sources: Commercial Lease (Streamline Com Inc)

Eminent Domain. If Tenant agrees that if the Leased Premises, or any part thereof, shall be taken or condemned for public or quasi-public use or purpose by any competent authority, Tenant shall have no claim against Landlord and shall not have any claim or right to any portion of the amount that may be awarded as damages or paid as a result of any such condemnation, whether such amount be awarded for diminution in value to the leasehold or to 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 any part of the Leased Premises shall be --------------- appropriated taken or condemned by any public or quasi-public authority governmental authority, the effect of which taking is such that the Leased Premises is rendered unusable by Tenant, in the exercise of its right of condemnation or eminent domainTenant's reasonable discretion, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its normal business thereonwithin the Leased Premises, then the term of this Sublease Lease shall cease and terminate as of from the time when possession shall be required date on which the Tenant is required, by such public or quasi-public 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 this Subleases shall not terminate after any part a portion of the Leased Premises is shall be taken or condemnedcondemned by any governmental authority, there shall be a reduction which taking does not render the Leased Premises unusable by Tenant, in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interestTenant's reasonable discretion, and notwithstanding the termination of then this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal terms.Lease

Appears in 1 contract

Sources: Lease Agreement (Gibson Greetings Inc)

Eminent Domain. If during the Term (a) the whole of the Premises or the Building shall be taken by any governmental or other authority having powers of eminent domain or conveyed to such entity under threat of the exercise of such power or (b) any part of the Premises or the Building including parking or access to the Building shall be so taken or conveyed and as a result, the remainder of the Premises or the Building has been rendered impractical, in Landlord’s and Tenant’s mutual reasonable judgment, for the operation of Tenant’s business, this Lease shall terminate on the date of the taking or conveyance, and Rent shall be apportioned to the date thereof. Any award for the taking of all or any part of the Premises shall be --------------- appropriated or condemned by the Building under the power of eminent domain or any public or quasi-public authority in payment made under threat of the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises such power shall be appropriated or condemnedthe property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold, for good will, for the taking of the fee, as severance damages, or so much thereof as damages for tenant improvements; provided, however, that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession Tenant shall be required by such public entitled to any separate award for loss of or quasi-public authoritydamage to Tenant’s removable personal property and for moving expenses, provided it does not reduce the amount payable to Landlord. In the event that this Subleases Lease is not terminated by reason of such condemnation, Landlord shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage extent of severance damages received by Landlord in connection with such condemnation, repair any damage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements Building caused by such condemnation except to the Premises, extent that Tenant has been reimbursed therefor by the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termscondemning authority.

Appears in 1 contract

Sources: Lease Agreement (TherapeuticsMD, Inc.)

Eminent Domain. If all or any part of the Premises shall be --------------- appropriated or condemned by any is taken for public or -------------- quasi-public use by a governmental authority under the power of eminent domain or is conveyed to a governmental authority in lieu of such taking, and if the exercise taking or conveyance causes the remaining part of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall to be appropriated or condemneduntenantable and inadequate for use by Tenant for the purpose for which they were leased, or so much thereof that Sublessee cannot reasonably continue then Tenant, at its option and by giving notice within fifteen (15) days after the operation of its business thereontaking, may terminate this Sublease shall terminate Lease as of the time when date Tenant is required to surrender possession shall be required by such public or quasi-public authorityof the Premises. In the event that this Subleases shall not terminate after any If a part of the Premises is taken or condemnedconveyed but the remaining part is tenantable and adequate for Tenant's use, there then this Lease shall be a reduction in rental equal terminated as to the percentage part taken or 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 conveyed tenantable; and the Rent shall be reduced in proportion to the ground area part of the Premises which is taken or condemnedconveyed. CROET All compensation awarded for the taking or conveyance shall be entitled the property of Landlord without any deduction therefrom for any estate of Tenant, and Tenant hereby assigns to receive that portion of any Landlord all its right, title and all awards necessary interest in and to compensate it for the present value award. Tenant shall have the right, however, to recover from the governmental authority, but not from Landlord, such compensation as may be awarded to Tenant on account of the rents which it would have received in the future interruption of Tenant's business, moving and for the present value relocation expenses; and removal of its reversionary interest, Tenant's trade fixtures and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Lease (Consilium Inc)

Eminent Domain. a. If all or any part the whole of the Demised Premises, or such portion thereof as to render the remainder unsuitable for the purposes for which the Demised Premises shall were leased, be --------------- appropriated taken or condemned by for any public or quasi-public use or purposes by any competent authority in the exercise of its appropriation proceedings or by any right of condemnation or eminent domain, both CROET then this lease shall cease and Sublessee terminate from the time possession thereof is required for public use. Any dispute under the provisions of this paragraph shall have be submitted to the right American Arbitration Association in accordance with its procedures at such time, which determination shall be binding upon the parties hereto. b. If any part of the Demised Premises shall be so taken and this lease shall not terminated under the provisions of Section "A" above, then Lessor, at it's own expense, shall repair and restore the portion not affected by the taking, and thereafter the rent to prosecute be paid by Lessee shall be equitable and proportionately adjusted. The repair and restoration work of Lessor shall not, however, exceed the scope of the work required to be done by Lessor in originally constructing Lessee's Demised Premises. c. All compensation awarded or paid upon such a total or partial taking shall belong to and be the property of Lessor without participation by Lessee and without any deduction therefrom for any present or future estate of Lessee. Lessee shall, however, be entitled to claim, prove and receive in such condemnation proceedings, such award as may be allowed for loss of business and for fixtures and other equipment installed by Lessee, provided that not such claim for an of Lessee shall diminish or otherwise adversely affect Lessor's award and to share in or the proceeds award of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future underlying lessors and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsmortgagees.

Appears in 1 contract

Sources: Lease Agreement (First West Virginia Bancorp Inc)

Eminent Domain. If all or any substantial part of the Demised Premises shall be --------------- appropriated or condemned taken by any public or quasi-public authority in under the exercise power of its right of condemnation or eminent domain, both CROET then this Lease shall terminate as to the part so taken as of the date possession of that part shall be taken, and Sublessee Landlord and Tenant shall each have the right to prosecute a claim for an award and terminate this Lease upon written notice to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises other, which notice shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue delivered within thirty (30) days following the operation date notice is received of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authoritytaking. In the event that neither party hereto shall terminate this Subleases shall not terminate after any part Lease, Landlord shall, to the extent the proceeds of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of condemnation award are available (other than any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it proceeds awarded for the value of its improvements any land taken), make all necessary repairs to the PremisesDemised Premises and the Building to render and restore the same to a complete architectural unit and Tenant shall continue in possession of the portion of the Demised Premises not taken under the power of eminent domain, under the same terms and conditions as are herein provided, except that the rent reserved herein shall be reduced in direct proportion to the amount of the Demised Premises so taken. All damages awarded for such taking shall belong to and be the property of Landlord, whether such damages be awarded as compensation for diminution in value of its the leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior or to the end fee of the Sublease termDemised Premises; provided, including however, Landlord shall not be entitled to any renewal termsportion of the award made separately to Tenant for removal and reinstallation of trade fixtures, loss of business, or moving expenses, provided such award to Tenant does not reduce the award otherwise payable to Landlord.

Appears in 1 contract

Sources: Lease Agreement (Conifer Holdings, Inc.)

Eminent Domain. 10.01 If all the whole of the Leased Premises shall be taken by public authority under the power of Eminent Domain, or sold under threat of such proceedings to condemn, then this Lease shall cease from the time when possession is taken by such public authority and the rent shall be paid up to that date. The Landlord shall make proportionate refund of such rent as may have been paid in advance. If any part of the Leased Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in so taken as to render the exercise of its right of condemnation or eminent domainremainder thereof unusable for the purposes for which the Leased Premises were leased, both CROET then the Landlord and Sublessee the Tenant shall each have the right to prosecute terminate this Lease on thirty (30) days notice to be given the other within ninety (90) days after the date of such taking. 10.02 All compensation awarded or paid upon such a claim for an award and to share in total or partial taking of the proceeds of any and all awards based upon their respective interests Leased Premises as hereafter set forth. If all the Premises shall be appropriated attributable to the Leased Premises owned by the Landlord shall belong to and be the property of the Landlord without any participation by the Tenant; provided, however, that nothing contained herein shall be construed to preclude the Tenant from prosecuting any claim directly against the condemning authority in such condemnation proceeding for loss or condemneddamage to, or so much thereof that Sublessee cannot reasonably continue the operation cost of its business thereonremoval of, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements stock, trade fixtures, furniture, belonging to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant.

Appears in 1 contract

Sources: Commercial Space Lease (Millionaire Com)

Eminent Domain. (Total Condemnation): If all or any part the DOMAIN whole of the Premises premises hereby leased shall be --------------- appropriated or condemned taken by any public or quasi-public authority in under the exercise power of its right of condemnation or eminent domain, both CROET then the term of this Lease shall cease as of the day possession shall be taken by such public authority and Sublessee the rent shall be paid up to that day with a proportionate refund by the Landlord of such rent as may have been paid in advance. (Partial Condemnation): If less than the whole but more than twenty (20%) percent of the leased premises shall be taken under eminent domain, Tenant shall have the right to prosecute a claim for an award either terminate this Lease and to share declare the same null and void, or, continue in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as possession of the time when possession remainder of the leased premises, and shall be required by notify Landlord in writing prior to any such public or quasi-public authoritytaking of Tenant's intention. In the event Tenant elects to remain in possession, all of the terms herein provided shall continue in effect, except that this Subleases the minimum rent shall not terminate after any be reduced in proportion to the amount of the premises taken, and Landlord shall, at its own cost and expense, make all necessary repairs or alterations to the basic building, store front, so as to constitute the remaining premises as a complete architectural unit. (Landlord's and Tenant's Damages): All damages awarded for such taking under power of eminent domain, whether for a whole or a part of the Premises is taken or condemned, there leased premises shall belong to and be the property of Landlord whether such damages shall be a reduction awarded as compensation for diminution in rental equal value to the percentage leasehold or to the ground area fee of the Premises which is taken or condemned. CROET premises; provided, however, that Landlord shall not be entitled to receive that portion the award made to Tenant for loss of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interestbusiness, depreciation to, and notwithstanding the termination cost of this Sublease, Sublessee shall be entitled to that portion removal of any stock and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsfixtures.

Appears in 1 contract

Sources: Lease Agreement (Midnight Holdings Group Inc)

Eminent Domain. If all the whole of the demised premises (or such part thereof as shall render the remainder of the premises untenantable) shall be taken by any public authority under the power of eminent domain, then the term of this Lease shall cease on the day possession is required by the condemning authority. If only a portion of the premises is taken, and if such taking does not render the remainder of the premises untenantable, then this Lease shall not terminate, and from that day onward, Tenant shall continue in the possession of the remainder of the demised premises under the terms herein provided, except that the rent due from Tenant shall be reduced in proportion to the amount of the demised premises taken. Landlord shall, within a reasonable time after such taking, at its own cost and expense, make repairs necessary due to the partial taking in order to allow the Tenant the continued usage of the remainder of the demised premises, provided, however, Landlord shall not be required to expend any amounts in excess of the severance damages paid by the condemning authority in connection with such taking. The parties agree that Tenant shall not be entitled to any damages by reason of the taking of its leasehold interest or any part of the Premises shall be --------------- appropriated or condemned by any public or quasi-public authority in the exercise of its right of condemnation or eminent domainthereof, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET but Tenant shall be entitled to receive that portion of prove and collect for its damages to fixtures and any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interestleasehold improvements made by it, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value extent that such improvements shall not have been improvements that are replacements or substitutions of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsimprovements theretofore installed by Landlord.

Appears in 1 contract

Sources: Office Lease (Associated Golf Management Inc)

Eminent Domain. If all or any part A. It the whole of the Property, or the Demised Premises shall be --------------- appropriated taken or condemned by any for a public or quasi-public authority in the exercise of its use under any law, ordinance or regulation, or by right of condemnation eminent domain or eminent domainprivate purchase in lieu thereof by any competent authority, both CROET this Lease shall terminate and Sublessee Rent shall have abate for the unexpired portion of ▇▇▇ term of this Lease as of the date the right to prosecute a claim for an award and to share possession shall vest in the proceeds condemning authority. B. If part of any and all awards based upon their respective interests as hereafter set forth. If all the Demised Premises shall be appropriated acquired or condemnedcondemned as aforesaid, and such acquisition or so much thereof condemnation shall render the remaining portion unsuitable for the business of Tenant (in the reasonable opinion of Landlord) the term of this Lease shall cease and terminate as provided in Paragraph 15(A) hereof, provided however, that Sublessee candiminution of rentable area shall not reasonably continue in and of itself be conclusive as to whether the operation portion of its the Demised Premises remaining after such acquisition is unsuitable for Tenant's business. If such partial taking is not extensive enough to render the Demised Premises unsuitable for the business thereonof Tenant, this Sublease Lease shall terminate as of continue in full force and effect except that the time when possession Minimum Annual Rental shall be required by such public or quasi-public authority. In reduced in the event same proportion that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground rentable area of the Demised Premises which is taken bears to the rentable area demised. Subject to the rights of any mortgagee of Landlord's estate, Landlord shall, upon receipt of the net condemnation award, make all necessary repairs or condemned. CROET shall be entitled alterations to receive that the Building so as to render the portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal terms.the

Appears in 1 contract

Sources: Lease Agreement (National Auto Finance Co Inc)

Eminent Domain. If all the whole of the Lease Premises 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 --------------- appropriated taken or condemned in any eminent domain, condemnation, compulsory acquisition or like proceeding, by any competent authority for any public or quasi-public authority in use or purpose, then this Lease Agreement shall continue to be effective, subject to the exercise of its right of condemnation or eminent domain, both CROET and Sublessee shall have the right to prosecute a claim for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as proportionate reduction of the time when possession shall be required by such public or quasi-public authorityRent due. In either of the event that this Subleases foregoing events, the LESSEE shall not terminate after have any right or claim to any part of the Premises is taken compensation or condemned, there shall award granted or to be a reduction in rental equal granted to the percentage LESSOR as consideration for such taking. However, provided that the compensation to be received by the ground area of LESSOR shall not be reduced thereby, nothing contained herein shall preclude the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any LESSEE from claiming, proving and all awards necessary to compensate it for receiving from the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it condemning authority a separate award for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end any of the Sublease term, including any renewal termsLESSEE's property taken by the condemning authority which the LESSEE could have rightfully removed from the Leased Premises hereunder.

Appears in 1 contract

Sources: Lease Agreement (Access Worldwide Communications Inc)

Eminent Domain. If all the whole or any part of the Leased Premises shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Leased Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then either Landlord or Tenant may, at their respective option, terminate this Lease as of the date Tenant is required to surrender possession of the Leased Premises by giving written notice of such termination to the other party. If a part of the Leased Premises shall be taken or conveyed but the remaining part is tenantable and adequate for Tenant's use, then this Lease shall be terminated as to the part taken or 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 conveyed tenantable to the extent the condemnation award proceeds received by Landlord are sufficient therefor; and the rent shall be reduced in proportion to the part of the Leased Premises so taken or conveyed. 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 of condemnation or eminent domainright, both CROET title and Sublessee interest in and to any such award. However, Tenant shall have the right to prosecute a claim recover from such authority, but not from Landlord, such compensation as may be awarded to Tenant on account of moving and relocation expenses and depreciation to and removal of Tenant's property or compensation for an award and to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required improvements paid by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant.

Appears in 1 contract

Sources: Office Lease (Baldwin Piano & Organ Co /De/)

Eminent Domain. If all the whole or any part of the Leased Premises or Building, including parking areas, shall be --------------- appropriated or condemned by any taken for public or quasi-public use by a governmental or other authority having the power of eminent domain or shall be conveyed to such authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Leased Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then either Landlord or Tenant may, at their respective option, terminate this Lease as of the date Tenant is required to surrender possession of the Leased Premises by giving written notice of such termination to the other party. If a part of the Leased Premises shall be taken or conveyed but the remaining part is tenantable and adequate for Tenant's use, then this Lease shall be terminated as to the part taken or 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 conveyed tenantable to the extent the condemnation award proceeds received by Landlord are sufficient therefor; and the rent shall be reduced in proportion to the part of the Leased Premises so taken or conveyed. 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 of condemnation or eminent domainright, both CROET title and Sublessee interest in and to any such award. However, Tenant shall have the right to prosecute a claim for an award recover from such authority, but not from Landlord, such compensation as may be awarded to Tenant on account of moving and relocation expenses and depreciation to share in the proceeds and removal of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part of the Premises is taken or condemned, there shall be a reduction in rental equal to the percentage to the ground area of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termsTenant's property.

Appears in 1 contract

Sources: Lease Agreement (Software Artistry Inc)

Eminent Domain. If all the whole or any part of the Premises shall be --------------- appropriated or condemned by any taken for public or quasi-quasi- public use by a governmental authority under the power of eminent domain or shall be conveyed to a governmental authority in lieu of such taking, and if such taking or conveyance shall cause the exercise remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then Tenant may, at its right option, terminate this Lease as of condemnation the date Tenant is required to surrender possession of the Premises. If a part of the Premises shall be taken or eminent domainconveyed but the remaining part is tenantable and adequate for Tenant's use, both CROET then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and Sublessee improvements as may be necessary to render the part not taken or conveyed tenantable; and the Rent shall be reduced in proportion to the part of the Premises so taken or conveyed. 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, ▇▇▇▇▇▇ shall have the right to prosecute a claim for an award and recover from the governmental authority, but not from Landlord, such compensation as may be awarded to share in the proceeds of any and all awards based upon their respective interests as hereafter set forth. If all the Premises shall be appropriated or condemned, or so much thereof that Sublessee cannot reasonably continue the operation of its business thereon, this Sublease shall terminate as Tenant on account of the time when possession shall be required by such public or quasi-public authority. In the event that this Subleases shall not terminate after any part interruption of the Premises is taken or condemnedTenant's business, there shall be a reduction in rental equal moving and relocation expenses and depreciation to the percentage to the ground area and removal of the Premises which is taken or condemned. CROET shall be entitled to receive that portion of any ▇▇▇▇▇▇'s trade fixtures and all awards necessary to compensate it for the present value of the rents which it would have received in the future and for the present value of its reversionary interest, and notwithstanding the termination of this Sublease, Sublessee shall be entitled to that portion of any and all awards necessary to compensate it for the value of its improvements to the Premises, the value of its leasehold estate and the damages which it may sustain as a result of termination of this Sublease prior to the end of the Sublease term, including any renewal termspersonal property.

Appears in 1 contract

Sources: Office Lease