Common use of FIRE, CASUALTY, EMINENT DOMAIN Clause in Contracts

FIRE, CASUALTY, 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, a just and proportionate abatement of rent shall be made, and LESSOR may elect to terminate this Lease by written notice given within sixty (60) days of the fire, casualty or taking, in which case this Lease shall terminate as of the date of such fire, casualty or taking. When such fire, casualty, or taking renders the Leased Premises substantially unsuitable for LESSEE’s use, a just and proportionate abatement of rent shall be made, and LESSEE may elect to terminate this Lease if: (a) LESSOR fails to give written notice within sixty (60) days of intention to restore Leased Premises, or (b) LESSOR fails to restore the Leased Premises to a condition substantially suitable for LESSEE’s use within one hundred eighty (180) days of said fire, casualty or taking, or (c) Leased Premises cannot reasonably be anticipated to be restored to a condition substantially suitable for LESSEE’s use within one hundred eighty (180) days of said fire, casualty or taking. If any portion of the Leased Premises are damaged by fire or other casualty or taken by eminent domain and no termination has been elected, a just and proportionate abatement of rent shall be made, and LESSOR shall proceed with diligence to restore the Leased Premises. LESSOR reserves all rights for all damages or injury to the Leased Premises for any taking by eminent domain; except for damage to LESSEE’s moveable fixtures, property or equipment, or moving expenses, which are specifically allocated to LESSEE by the taking authority or arbitrators.

FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the Leased Premises be substantially damaged by fire or other casualty, or if substantial damage as a result of fire or casualty to the Building or Property or taking by eminent domain, shall deprive LESSEE of access or use of the Leased Premises, this Lease shall terminate at LESSEE's election by written notice given to LESSOR within sixty (60) days after occurrence of the event giving rise to the election to terminate which notice shall specify the effective date of termination. Should a substantial portion of the Leased Premises, or of the property of which they are a partProperty, be substantially damaged by fire or other casualty, or by action of public or other authority in consequence thereof or be taken by eminent domain, a just and proportionate abatement or should LESSOR receive compensable damage by reason of rent shall be madeanything lawfully done in pursuance of public or other authority, and LESSOR may elect to terminate this Lease shall terminate at LESSOR's election, which may be made notwithstanding XXXXXX's entire interest may have been divested, by written notice given to LESSEE within sixty (60) days after the occurrence of the fireevent giving rise to the election to terminate, casualty which notice shall specify the effective date of termination. The effective date of any termination by LESSOR or taking, in which case LESSEE under this Lease Article shall terminate as of be not less than fifteen (15) nor more than thirty (30) days after the date of such firenotice of termination. For the purpose of this Article, casualty or taking. When such fire, casualty, damage or taking renders shall be considered substantial if the time needed for LESSOR to perform repairs and/or construction necessary to put the Leased Premises substantially unsuitable or such remainder in proper condition for LESSEE’s use, a just use and proportionate abatement of rent shall be made, and LESSEE may elect occupation is estimated by XXXXXX to terminate this Lease if: exceed two (a2) LESSOR fails to give written notice within sixty (60) days of intention to restore Leased Premisesmonths, or if more than thirty (b30) LESSOR fails to restore percent of the Leased Premises to a condition substantially suitable for LESSEE’s use within one hundred eighty (180) days non-wetlands land area of said fire, casualty or takingthe Property, or if more than ten (c10) Leased Premises cannot reasonably be anticipated to be restored to a condition substantially suitable for LESSEE’s use within one hundred eighty percent of the Building, or if more than ten (18010) days of said fire, casualty or taking. If any portion percent of the Leased Premises are damaged so taken. In case of any such damage or taking, LESSOR shall notify LESSEE within thirty (30) days after the occurrence thereof of XXXXXX's estimate of the time needed to perform the repairs and/or construction necessary to put the Leased Premises or such remainder in proper condition for use and occupancy, or of the percentage of the non-wetlands land area, or of the Building, or of the Leased Premises taken. If in any such case the Leased Premises are rendered unfit for use and occupation and the Lease is not so terminated, LESSOR shall use due diligence to put the Leased Premises, or in case of taking what may remain thereof (excluding any items installed or paid for by fire Tenant, which Tenant may be required to remove), into proper condition for use and occupation and a just proportion of the Annual Fixed Rent and any additional rent according to the nature and extent of the injury shall be abated until the Leased Premises or other casualty or taken such remainder shall have been put by eminent domain LESSOR in such condition and no termination has been electedin case of a taking which permanently reduces the area of the Leased Premises, a just proportion of the Annual Fixed Rent and proportionate abatement of additional rent shall be made, and LESSOR shall proceed with diligence to restore abated for the Leased Premisesremainder of the Lease Term. LESSOR reserves to itself any and all rights to receive awards made for all damages or injury to the Leased Premises for any taking by eminent domain; except for damage to LESSEE’s moveable fixtures, property or equipmentand the Property and the leasehold hereby created, or moving expensesany one or more of them, accruing by reason of exercise of eminent domain or by reason of anything lawfully done in pursuance of public or other authority. LESSEE hereby releases and assigns to LESSOR all of LESSEE's rights to such awards, and covenants to deliver such further assignments and assurances thereof as LESSOR may from time to time request It is agreed and understood, however, that XXXXXX does not reserve to itself and LESSEE does not assign to LESSOR, any damages payable for (i) movable trade fixtures installed by LESSEE or anybody claiming under LESSEE at its own expense or fixtures or items the removal of which are specifically allocated to is required or permitted by any agreement given pursuant the Lease, or (ii) relocation expenses recoverable by LESSEE by the taking from such authority or arbitratorsin a separate action.

FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the Leased Premises, Premises or of the property Building of which they the Premises are a part, part be substantially damaged by fire or other casualty, or a substantial portion of the Premises be taken by eminent domain, a just and proportionate abatement of rent shall be made, and LESSOR the Landlord may elect to terminate this Lease by written notice given within sixty (60) days of the fire, casualty or taking, in which case this Lease shall terminate as of the date of such fire, casualty or takingLease. When such fire, casualty, or taking renders the Leased Premises substantially unsuitable for LESSEE’s their intended use, a just and proportionate abatement of rent Rent shall be mademade for the period in which, by reason of such damage, there is interference with Tenant’s use of the Premises, and LESSEE the Tenant may elect to terminate this Lease if: (a) LESSOR The Landlord fails to give written notice within sixty (60) days of intention to restore Leased Premises, ; or (b) LESSOR The Landlord fails to commence restorations within sixty (60) days of the casualty or fails to restore the Leased Premises to a condition substantially suitable for LESSEE’s use within one hundred eighty (180) days of said fire, casualty or taking, or (c) Leased Premises cannot reasonably be anticipated to be restored to a condition substantially suitable for LESSEE’s their intended use within one hundred eighty (180) days of said fire, casualty or taking. If any portion during the term of this Lease, there shall be partial damage to the Leased Premises are damaged or Building by fire or other casualty or taken by eminent domain taking, the Landlord shall promptly proceed to restore the Premises to its condition prior to such event, and no termination has been electedrestoration shall be complete as soon as reasonably possible, but in any event, within one hundred twenty (120) days, and a just and proportionate abatement of rent Rent shall be mademade for the period in which, by reason of such damage, there is interference with Tenant’s use of the Premises “Substantial damage” shall be deemed to mean damage which cannot in the ordinary course be expected to be repaired in 180 days and “partial damage” shall be deemed to mean damage which can reasonably be expected to be repaired within 120 days. The Landlord reserves, and LESSOR shall proceed with diligence the Tenant grants to restore the Leased Premises. LESSOR reserves Landlord, all rights which the Tenant may have for all damages or injury to the Leased Premises for any taking by condemnation or eminent domain; , except for damage to LESSEEthe Tenant’s moveable fixtures, property or equipment. Tenant acknowledges and agrees that Tenant shall be solely responsible to insure its fixtures, property and equipment. In no event shall the Landlord have any obligation to make any repairs or perform any restoration work under this Section if prevented from doing so by reason of any cause beyond its reasonable control, including, without limitation, the requirements of any applicable laws, codes, ordinances, rules or regulations, or moving expensesin the event of damage to or destruction of any portion of the Building which is not fully covered by the insurance proceeds received by the Landlord or in the event that any portion of the insurance proceeds must be paid over to or are retained by the holder of any mortgage on the Property and in such events Landlord may terminate this Lease by written notice to the Tenant, given within thirty (30) days after the date of notice to Landlord that said damage or destruction is not so covered, or that the proceeds are not available for repair of the damage or destruction. Further, the Landlord shall not be obligated to make any repairs or perform any restoration work to any fixtures in or portions of the Premises or the Building which are specifically allocated to LESSEE not the property of the Landlord or other leasehold improvements constructed by the taking authority or arbitratorsTenant.

FIRE, CASUALTY, 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, a just and proportionate abatement of rent shall be made, and LESSOR may elect to terminate this Lease by written notice given to LESSEE within sixty ninety (6090) days of after such damage occurs, provided LESSOR terminates the fireleases for other tenants in the Building, casualty or taking, in which case this Lease shall terminate as of the date of similarly affected by such fire, casualty or takingdamage. When such fire, casualty, or taking renders the Leased Premises substantially unsuitable for LESSEE’s usetheir intended use and no termination has been elected by * = CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. LESSOR, a just and proportionate abatement of rent Annual Base Rent and Additional Rent shall be mademade from the date of such damage until repairs have been substantially completed, and LESSEE may elect to terminate this Lease if: (a) LESSOR fails to give written notice within sixty ninety (6090) days of intention to restore Leased Premises, or (b) LESSOR fails to restore the Leased Premises to a condition substantially suitable for LESSEE’s their intended use within one hundred eighty (180) days of said fire, casualty or taking, or (c) Leased Premises cannot reasonably be anticipated to be restored to a condition substantially suitable for LESSEE’s use within one hundred eighty (180) days of said fire, casualty or taking. If any portion of the Leased Premises are damaged by fire or other casualty or taken by eminent domain and no termination has been elected, a just and proportionate abatement of rent shall be made, and LESSOR shall proceed with diligence to restore the Leased Premises. LESSOR reserves all rights for all damages or injury to the Leased Premises for any taking by eminent domain; except for damage to LESSEE’s 's moveable fixtures, property or equipment, or moving expenses, which are specifically allocated to LESSEE by the taking authority or arbitrators. Any termination timely and properly elected by LESSOR or LESSEE as set forth above shall render this Lease null and void and without recourse as to either party as if the Lease had terminated as of the end of the Term.

FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the Leased Premises, leased premises or of the property of which they are a partpart (but only if all leases similarly situated are also terminated), be substantially damaged by fire or other casualty, or be taken by eminent domain, a just and proportionate abatement of rent shall be made, and LESSOR the Landlord may elect to terminate this Lease by written notice given within sixty (60) days of the fire, casualty or taking, in which case this Lease shall terminate as of the date of such fire, casualty or takinglease. When such fire, casualty, or taking renders the Leased Premises leased premises substantially unsuitable for LESSEE’s their intended use, a just and proportionate abatement of rent shall be made, and LESSEE . The Landlord may elect to terminate this Lease lease as permitted above upon written notice to Tenant within forty-five (45) days of the casualty. The Tenant may elect to terminate this lease if: (a) LESSOR The Landlord fails to give written notice within sixty forty-five (6045) days of intention to restore Leased Premisesleased premises, or (b) LESSOR The Landlord fails to restore the Leased Premises leased premises to a condition substantially suitable for LESSEE’s their intended use within one hundred eighty twenty (180) days of said fire, casualty or taking, or (c) Leased Premises cannot reasonably be anticipated to be restored to a condition substantially suitable for LESSEE’s use within one hundred eighty (180120) days of said fire, casualty or taking. If any portion of the Leased Premises are damaged by fire or other casualty or taken by eminent domain and no termination has been elected, a just and proportionate abatement of rent shall be madeThe Landlord reserves, and LESSOR shall proceed with diligence the Tenant grants to restore the Leased Premises. LESSOR reserves Landlord, all rights which the Tenant may have for all damages or injury to the Leased Premises leased premises for any taking by eminent domain; , except for damage to LESSEEthe Tenant’s moveable fixtures, property or equipmentproperty, or equipment and moving expensesexpenses provided they do not reduce Landlord’s award. Notwithstanding the foregoing, if the leased premises are substantially damaged by fire or other casualty, Base Rent and Additional Rent payable by Tenant shall xxxxx proportionately for the period in which, by reason of such damage, having regard to the extent to which Tenant may be required to discontinue Tenant’s use of all or a portion of the leased premises, but such abatement or reduction shall end if and when Landlord shall have substantially restored the leased premises to the condition in which they were before such damage. If the leased premises are specifically allocated affected by any exercise of the power of eminent domain, Base Rent and Additional payable by Tenant shall be justly and equitably abated and reduced according to LESSEE the nature and extent of the loss of use thereof suffered by Xxxxxx and Xxxxxx may pursue a claim for the taking authority or arbitratorslost value of its leasehold interest.

FIRE, CASUALTY, EMINENT DOMAIN. Should a substantial portion of the Leased Premises, or of the property of which they are a partProperty, be substantially damaged by fire or other casualty, or by action of public or other authority in consequence thereof, or be taken by eminent domain, a just and proportionate abatement or should LESSOR receive compensable damage by reason of rent shall be madeanything lawfully done in pursuance of public or other authority, and LESSOR may elect to terminate this Lease shall terminate at either party's election, which may be made notwithstanding LESSOR's entire interest may have been divested, by written notice given to the other within sixty (60) days after the occurrence of the fireevent giving rise to the election to terminate, casualty or taking, in which case notice shall specify the effective date of termination. The effective date of any termination by either party under this Lease Article shall terminate as of be not less than fifteen (15) nor more than thirty (30) days after the date of such firenotice of the termination. For the purposes of this Article, casualty or taking. When such fire, casualty, damage or taking renders shall be considered substantial if the time needed for LESSOR to perform repairs and/or construction necessary to put the Leased Premises substantially unsuitable or such remainder in proper condition for LESSEE’s use, a just use and proportionate abatement of rent shall be made, and LESSEE may elect occupation is estimated by LESSOR to terminate this Lease if: exceed six (a6) LESSOR fails to give written notice within sixty (60) days of intention to restore Leased Premisesmonths, or if more than thirty (b30) LESSOR fails to restore percent of the Leased Premises to a condition substantially suitable for LESSEE’s use within one hundred eighty (180) days non-wetlands land area of said fire, casualty or takingthe Property, or if more than thirty (c30) Leased Premises cannot reasonably be anticipated to be restored to a condition substantially suitable for LESSEE’s use within one hundred eighty (180) days of said fire, casualty or taking. If any portion percent of the Leased Premises are damaged so taken. In case of any such damage or taking, LESSOR shall notify LESSEE within thirty (30) days after the occurrence thereof of Lessor's estimate of the time needed to perform the repairs and/or construction necessary to put the Leased Premises or such remainder in proper condition for use and occupancy, or of the percentage of the non-wetlands land area, or of the Building, or of the Leased Premises taken. If in any such case the Leased Premises are rendered unfit for use and occupation and the Lease is not so terminated, LESSOR shall use due diligence to put the Leased Premises, or in case of taking what may remain thereof (excluding any items installed or paid for by fire LESSEE, which LESSEE may be required to remove), into proper condition for use and occupation and a just proportion of the Annual Fixed Rent and any additional rent according to the nature and extent of the injury shall be abated until the Leased Premises or other casualty or taken such remainder shall have been put by eminent domain Lessor in such condition and no termination has been electedin case of a taking which permanently reduced the area of the Leased Premises, a just proportion of the Annual Fixed Rent and proportionate abatement of additional rent shall be made, and LESSOR shall proceed with diligence to restore abated for the Leased Premisesremainder of the Lease Term. LESSOR reserves to itself any and all rights to receive awards made for all damages or injury to the Leased Premises for any taking by eminent domain; except for damage to LESSEE’s moveable fixtures, property or equipmentand the Property and the leasehold hereby created, or moving expensesany one or more of them, accruing by reason of exercise of eminent domain or by reason of anything lawfully done in pursuance of public or other authority. LESSEE hereby releases and assigns to LESSOR all of LESSEE's to such awards, and covenants to deliver such further assignments and assurances thereof as LESSOR may from time to time request. It is agreed and understood, however, that LESSOR does not reserve to itself, and LESSEE does not assign to LESSOR, any damages payable for (1) movable trade fixtures installed by LESSEE or anybody claiming under LESSEE at its own expense or fixtures or items the removal of which are specifically allocated is required or permitted by any agreement given pursuant to the Lease, or (ii) relocation expenses recoverable by LESSEE by the taking from such authority or arbitratorsin a separate action.

FIRE, CASUALTY, 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, a just and proportionate abatement of rent shall be made, and LESSOR may elect to terminate this Lease by written notice given to LESSEE within sixty ninety (6090) days of after such damage occurs, provided LESSOR terminates the fireleases for other tenants in the Building, casualty or taking, in which case this Lease shall terminate as of the date of similarly affected by such fire, casualty or takingdamage. When such fire, casualty, or taking renders the Leased Premises substantially unsuitable for LESSEE’s usetheir intended use and no termination has been elected by LESSOR, a just and proportionate abatement of rent shall be mademade from the date of such damage until repairs have been substantially completed, and LESSEE may elect to terminate this Lease if: (a) LESSOR fails to give written notice within sixty ninety (6090) days of intention to restore Leased Premises, or (b) LESSOR fails to restore the Leased Premises to a condition substantially suitable for LESSEE’s their intended use within one hundred eighty (180) days of said fire, casualty or taking, or (c) Leased Premises cannot reasonably be anticipated to be restored to a condition substantially suitable for LESSEE’s use within one hundred eighty (180) days of said fire, casualty or taking. If any portion of the Leased Premises are damaged by fire or other casualty or taken by eminent domain and no termination has been elected, a just and proportionate abatement of rent shall be made, and LESSOR shall proceed with diligence to restore the Leased Premises. LESSOR reserves all rights for all damages or injury to the Leased Premises for any taking by eminent domain; except for damage to LESSEE’s 's moveable fixtures, property or equipment, or moving expenses, which are specifically allocated to LESSEE by the taking authority or arbitrators.