FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Building or the Premises, or of a taking of all or a part of the Building or Premises under the power of eminent domain, Subtenant shall promptly notify Sublandlord thereof in writing. If Sublandlord receives a rent abatement under the Prime Lease as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Subtenant shall be entitled to the Sublease Share of such rent abatement unless the effect on the Premises of such fire or other casualty or such taking shall be substantially disproportionate to the amount of the abatement, in which event the parties shall equitably adjust the abatement as between themselves, based on the relative impact of the fire or other casualty, or the taking, as the case may be. To the extent the Prime Lease gives Sublandlord the right to terminate the Prime Lease in the event of damage or destruction to the Building or the Premises or a taking of all or part thereof by eminent domain, Sublandlord may, in its sole discretion, exercise any such right and shall notify Subtenant of such exercise, in which case this Sublease shall terminate five (5) days prior to the date of termination of the Prime Lease. In addition, if the Premises cannot be made tenantable within 240 days after the date of the fire or other casualty or if all or part of the Premises is taken by condemnation, then Subtenant shall have the same right to terminate this Sublease that Sublandlord has to terminate the Prime Lease under Section 11.2
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Premises, or of a taking of all or a part of the Building or Premises under the power of eminent domain, Landlord shall not exercise any right which may have the effect of terminating the Prime Lease without first obtaining the prior written consent of Tenant. In the event Landlord is entitled, under the Prime Lease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Tenant shall be entitled to such rent abatement. If the Prime Lease imposes on Landlord the obligation to repair or restore leasehold improvements or alterations, Tenant shall be responsible for the repair or restoration of such leasehold improvements or alterations.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Building or the Premises, or of a taking of all or a part of the Building or Premises under the power of eminent domain, Landlord shall not exercise any right which may have the effect of terminating the Prime Lease without first obtaining the prior written consent of Tenant. In the event Landlord is entitled, under the Prime Lease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Tenant shall be entitled to an equitable share of the rent abatement, based on the relative impact of the fire or other casualty, or the taking, as the case may be. If the Prime Lease imposes on Landlord the obligation to repair or restore leasehold improvements or alterations, Tenant shall be responsible for repair or restoration of leasehold improvements or alterations; Tenant shall make any insurance proceeds resulting from the loss which Landlord is obligated to repair or restore available to Landlord and/or Prime Landlord and shall permit Landlord and/or Prime Landlord to enter the Premises to perform the same, subject to such conditions as Tenant may reasonably impose.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Building or the Premises, or of a taking of all or a part of the Building or Premises, under the power of eminent domain, Lessor shall not exercise any right which may have the effect of terminating the Prime Lease without first obtaining the prior written consent of Lessee. In the event Lessor is entitled, under the Prime Lease, to rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Lessee shall be similarly entitled to rent abatement. If the Prime Lease imposes on Lessor the obligation to repair or restore leasehold improvements or alterations, Lessee shall be responsible for repair or restoration of leasehold improvements or alterations to the Premises and Lessee shall apply any insurance proceeds resulting from the loss to repair and restore such leasehold improvements and alterations. Lessor and Lessee acknowledge and agree that Lessor shall not be obligated to perform any repair or restoration to the Premises, following the occurrence of a casualty event or the exercise of the power of eminent domain. For such matters, Lessee shall look solely to the Prime Lessor and Lessor hereby assigns to Lessee all of its rights against the Prime Lessor under the Prime Lease with respect to the repair or restoration of the Premises, as a result of a casualty or the exercise of power of eminent domain, and agrees that, if such assignment is not effective, Lessor, at Lessee's sole cost and expense, will use reasonable efforts to cause Prime Lessor to repair or restore the Premises.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Premises, or of a taking of all or a part of the Premises under the power of eminent domain, Lessee shall not exercise any right which may have the effect of terminating the Lease without first obtaining the prior written consent of Sublessee. In the event Lessee is entitled, under the Lease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Sublessee shall be entitled to such rent abatement.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other ---------------------------------- casualty affecting the Building or the Prime Premises, or of a taking of all or a part of the Building or the Prime Premises under the power of eminent domain, Sublandlord shall have the right to exercise any right that may have the effect of terminating the Prime Lease, provided when Sublandlord sends its notice to Prime Landlord exercising such right, Sublandlord simultaneously sends a copy thereof to Subtenant. If Sublandlord is entitled, under the Prime Lease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Subtenant shall be entitled to such rent abatement in [OSD and PBI Share Space] proportion to the amount of the PBOS Licensed/Subleased Area that is rendered untenantable. If the Prime Lease imposes on Sublandlord the obligation to repair or restore leasehold improvements or alterations, Sublandlord shall be responsible for repair or restoration of such leasehold improvements or alterations, and Subtenant shall reimburse Sublandlord in accordance with subsection 14(A)(iii) for the expenses incurred by Sublandlord in connection --------------------- with said repair or restoration.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event Landlord is entitled, under the Prime Lease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Landlord shall equitably adjust the abatement as between Landlord and Tenant, based on the relative impact of the fire or other casualty, or the taking, as the case may be.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Building or the Subleased Premises, or of a taking of all or a part of the Building or Subleased Premises wider the power of eminent domain, Landlord shall be entitled to exercise all of its applicable rights under the Prime Lease even if such exercise results in cancellation of the Prime Lease and therefore this Lease. Only in the event Landlord is entitled, under the Prime Lease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Tenant shall be entitled to a pro rata share of such rent abatement unless the effect on the Subleased Premises of such fire or other casualty or such taking shall be substantially disproportionate to the amount of the abatement, in which event the parties shall equitably adjust the abatement as between themselves, based on the relative impact of the fire or other casualty, or the taking, as the case may be. Such pro rata share shall be a fraction, the numerator of which is the rentable area of the Subleased Premises and the denominator of which is the rentable area of the Subleased Premises described in the Prime Lease.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event Sublandlord is entitled under the Prime Lease to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, in each event to the extent affecting the Premises, the parties shall equitably adjust the abatement as between themselves, based on the relative impact, if any, of the fire or other casualty or taking, as the case may be, on the Premises and on other areas of the Building subject to the Prime Lease. If (a) the Premises or Building are substantially damaged by fire, or (b) all or part of the Premises or Building are taken and in either case (i) the Prime Lease is not terminated as a result thereof, (ii) such damage or taking shall materially interfere with Subtenant’s use of or access to the Premises and (iii) such damage is not repaired within the applicable periods set forth in the Prime Lease, Subtenant may terminate this Sublease to the same extent as afforded to Sublandlord under the applicable provision of the Prime Lease. Any notice to terminate shall be given no later than ten (10) business days after the date by which the damage was required to be repaired. If Subtenant shall give such notice, then this Sublease shall terminate on the date specified in the notice with the same force and effect as if such date were the date originally established as the expiration date hereof.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event Sublandlord is entitled, under the Prime Lease, to an abatement of rent as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Subtenant shall be entitled to an equivalent rent abatement hereunder. If the Prime Lease imposes on Sublandlord the obligation to repair or restore leasehold improvements or alterations, Subtenant shall be responsible for repair or restoration of leasehold improvements or alterations; Subtenant shall make any insurance proceeds resulting from the loss which Sublandlord is obligated to repair or restore available to Sublandlord and shall permit Sublandlord to enter the Premises to perform the same, subject to such conditions as Subtenant may reasonably impose.
