FIRE, CASUALTY AND EMINENT DOMAIN. Should a substantial portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent domain, the LESSOR may elect to terminate this lease. When such fire, casualty, or taking renders the leased premises substantially unsuitable for their intended use, a just and proportionate abatement of rent shall be made, and the LESSEE may elect to terminate this lease if:
(a) The LESSOR fails to give written notice within thirty (30) days of intention to restore the leased premises or
(b) The LESSOR fails to restore the leased premises to a condition substantially suitable for their intended use within ninety (90) days of said fire, casualty, or taking. The LESSOR reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to the leased premises for any taking by eminent domain, except for damage to the LESSEE'S fixtures, property, or equipment.
FIRE, CASUALTY AND EMINENT DOMAIN. Section 11.01. Should a substantial portion of the Demised Premise, the Premises and/or the Building of which they are a part be damaged by fire or other casualty, or be taken by eminent domain, the Lessor, at its sole option, may elect to terminate this Lease. When fire or other unavoidable casualty or taking renders the Demised Premises substantially unsuitable for its intended use or substantially limits Lessee’s access to the Demised Premises or the parking area, and Lessee actually ceases use of the Demised Premises and/or parking areas as a result of the same, a just and proportionate abatement of rent shall be made, and the Lessee may elect to terminate this Lease if:
(a) The Lessor fails to give written notice within sixty (60) days after such casualty of its intention to restore the Demised Premises or provide alternate access or parking (if access or parking has been taken or destroyed), consistent with the provisions of this Lease, including, without limitation, the availability of proceeds from any insurance or condemnation award applicable to any such casualty to taking;
(b) If Lessor gives notice of its intention to restore and the Lessor fails to restore the Demised Premises to a condition substantially suitable for their intended use or fails to provide alternate access within two hundred forty (240) days of such fire or other unavoidable casualty, or taking; provided, however, that in the event Lessor has diligently commenced repairs to the damaged property and such repair takes more than two hundred forty (240) days to complete due to causes beyond Lessor’s reasonable control, Lessor shall have the right to complete such repairs within a reasonable time period thereafter (the “Additional Time”) but in no event shall such Additional Time be longer than the shorter of: (i) ninety (90) days; or (ii) the length of such delays beyond Lessor’s reasonable control; or
(c) Lessor shall have terminated the leases of all other lessees of the Building. The Lessor reserves, and the Lessee grants to the Lessor, all rights which the Lessee may have for damages or injury to the Demised Premises for any taking by eminent domain, except for damages specifically awarded on account of the Lessee’s fixtures, property or equipment, which may be removed at the end of the term. For purposes of this Section, a taking or damage shall be substantial if it shall affect more than twenty-five percent (25%) of the Demised Premises or the Premises of which they it is a ...
FIRE, CASUALTY AND EMINENT DOMAIN. In the event the Premises, or a portion thereof, are rendered substantially unsuitable for their intended use by fire or other casualty or are taken by eminent domain, a just and proportionate abatement of Rent shall be made to the extent Sublessor is entitled to an abatement of rent under the Main Lease. Sublessee hereby releases and assigns to Sublessor all of Sublessee's right, title and interest in and to any and all damages to the Premises, except for moving and/or relocation awards payable to Sublessee and for amounts attributable to Sublessee's furniture, fixtures and equipment, for any taking by eminent domain or by reason of anything lawfully done in pursuance of public authority. Sublessee further covenants to deliver such further assignments and assurance thereof as Sublessor may from time to time reasonably request. In the event of a fire or other casualty or a taking by eminent domain, Sublessee shall have the right to terminate this Sublease in the manner and under the circumstances set forth in Articles 15 and 16 of the Main Lease as if fully set forth herein.
FIRE, CASUALTY AND EMINENT DOMAIN. In the event of a fire, casualty or taking that affects the Premises but does not result in termination of the Prime Lease, the rent hereunder shall be abated to the extent that the rent payable by Landlord under the Prime Lease with respect to the Premises shall be abated. The provisions of this Section 20 shall be considered an express agreement governing any cause of damage or destruction to the Premises by fire or other casualty, and no local or state statute, law, rule or regulation, now or hereafter in effect, providing for such a contingency shall have any application in such case, to the extent permitted by law.
FIRE, CASUALTY AND EMINENT DOMAIN. In the event of a fire, casualty or taking that affects the Premises but does not result in termination of the Prime Lease, the Rent hereunder shall be abated to the extent that the rent payable by Landlord under the Prime Lease with respect to the Premises shall be abated. The provisions of this Section shall be considered an express agreement governing any cause of damage or destruction to the Premises by fire or other casualty, and no local or state statute, law, rule or regulation, now or hereafter in effect, providing for such a contingency shall have any application in such case, to the extent permitted by law. Irrespective of the form in which recovery may be had by law, as between Landlord and Tenant, all rights to damages or compensation for any taking affecting the Premises shall belong to Landlord in all cases. Tenant hereby grants to Landlord all of Tenant’s rights to such damages and covenants to deliver such further assignments thereof as Landlord may from time to time request. Nothing contained herein shall be construed to prevent Tenant from prosecuting in any condemnation proceedings a claim for relocation expenses and the value of its trade fixtures, if any, provided that such action shall not affect the amount of compensation otherwise recoverable by Landlord from the taking authority. Tenant agrees that Landlord may elect to terminate the Prime Lease if it shall be entitled to do so due to a fire or other casualty or a taking by eminent domain or condemnation; and that if the Prime Lease shall be terminated for such or any other reason prior to the scheduled Expiration Date (other than due to a default in the payment of rent under the Prime Lease or any other default by Landlord under the Prime Lease), this Sublease shall terminate as of the date of the termination of the Prime Lease and Landlord shall have no liability to Tenant due or arising directly or indirectly out of such early termination.
FIRE, CASUALTY AND EMINENT DOMAIN. If the Premises or any portion thereof is destroyed or damaged in whole or in part by fire or other casualty, or title to, or the temporary use of, the Premises or any portion thereof shall have been taken by the exercise of the power of eminent domain, and the Tenant receives net proceeds from insurance or any condemnation award in connection therewith, such proceeds shall be utilized to rebuild, repair or replace the Premises.
FIRE, CASUALTY AND EMINENT DOMAIN. In the event of a fire, --------------------------------- casualty or taking that affects the Space to the extent that Sub is unable to operate its business therein without unreasonable interference or additional expense, but that does not result in termination of the Lease, Sub may elect to terminate this Agreement by giving written notice to Parent within fifteen (15) days of said event.
FIRE, CASUALTY AND EMINENT DOMAIN. In the event there is casualty --------------------------------- damage to the Space as contemplated in Section 11 of the Lease, or a condemnation or taking by eminent domain of a portion of the Space as contemplated in Section 12 of the Lease, Viisage may continue to occupy the Space and receive its equitable portion of any abatement of rent which Xxx receives from the Landlord under Section 11 or 12, as the case may be, of the Lease, or immediately terminate this Agreement by giving written notice to Xxx.
FIRE, CASUALTY AND EMINENT DOMAIN. Section 11.01. Should a substantial portion of the Demised Premises or the property of which they are a part be damaged by fire or other casualty, or be taken by eminent domain, the Lessor, at its sole option, may elect to terminate this Lease. When fire or other unavoidable casualty or taking renders the Demised Premises substantially unsuitable for its intended use, a just and proportionate abatement of rent shall be made, and the Lessee may elect to terminate this Lease if:
(a) The Lessor fails to give written notice within sixty (60) days after such casualty of its intention to restore the Demised Premises or provide alternate access, if access has been taken or destroyed; or
(b) If Lessor gives notice of its intention to restore and the Lessor fails to restore the Demised Premises to a condition substantially suitable for their intended use or fails to provide alternate access within one hundred twenty (120) days of such fire or other unavoidable casualty, or taking. The Lessor reserves, and the Lessee grants to the Lessor, all rights which the Lessee may have for damages or injury to the Demised Premises for any taking by eminent domain, except for damages specifically awarded on account of the Lessee’s fixtures, property or equipment, which may be removed at the end of the term. For purposes of this Section, a taking or damage shall be substantial if it shall affect more than twenty-five (25%) percent of the Demised Premises or the property of which they are a part.
FIRE, CASUALTY AND EMINENT DOMAIN. In the event of a fire, casualty or taking that affects the Parent Space to the extent that Parent is unable to operate its business therein without unreasonable interference or additional expense, but that does not result in termination of the Lease, Parent may elect to terminate this Agreement by giving written notice to Sub within fifteen (15) days of said event.
