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

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.

Appears in 3 contracts

Samples: Action Performance Companies Inc, Integrated Information Systems Inc, Integrated Information Systems Inc

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FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Building Sub-lease Premises, or the PremisesLeased Properties, or of a taking of all or a part of the Building Sub leased Premises or Premises, the Leased Properties under the power of eminent domain, Lessor Landlord shall not exercise any right which may have the effect of terminating the Prime Lease without first obtaining the prior written consent of LesseeTenant. In the event Lessor 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 Lessee Tenant shall be similarly entitled to the Sublease Share of such rent abatement unless the effect on the Sub-leased 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. If the Prime Lease imposes on Lessor Landlord the obligation to repair or restore leasehold improvements or alterations, Lessee Tenant shall be responsible for repair or restoration of leasehold improvements or alterations to it shall have installed in the Premises Sub leased Premises, and Lessee Landlord shall apply be responsible for the repair or restoration of the balance of the leasehold improvements or alterations; Tenant shall make 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 which Landlord is 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 available to Landlord and shall permit Landlord to enter the PremisesSub-leased Premises to perform the same, subject to such conditions as Tenant may reasonably impose.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Stockgroup Information Systems Inc)

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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, Premises under the power of eminent domain, Lessor Sublandlord shall not exercise any right which may have the effect of terminating the Prime Lease without first obtaining the prior written consent of LesseeSubtenant which shall not be unreasonably withheld, conditioned or delayed. In the event Lessor that Sublandlord has the right to terminate the Prime Lease due to 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, Subtenant shall have the same right as Sublandlord under the Prime Lease to terminate this Sublease. Further, 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, then Lessee Subtenant shall be similarly entitled to the same rent abatementabatement applicable to the Premises (i.e., if 50% of Sublandlord’s Rent payable to Prime Landlord with respect to the Premises is abated, then 50% of Subtenant’s Rent payable under this Sublease shall be abated; provided, however, if a greater portion of the Premises is taken as compared to the Property, then such percentage shall be increased in proportion to the amount of the Premises taken). If the Prime Lease imposes on Lessor Sublandlord the obligation to repair or restore leasehold improvements or alterations, Lessee Subtenant shall be responsible for repair or restoration of leasehold improvements or alterations to the Premises and Lessee alteration. Subtenant shall apply make any insurance proceeds resulting from the a loss to repair and restore such leasehold improvements and alterations. Lessor and Lessee acknowledge and agree that Lessor shall not be which Sublandlord is 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 available to Sublandlord and shall permit Sublandlord to enter the PremisesPremises to perform the same, subject to such conditions as Subtenant may reasonably impose.

Appears in 1 contract

Samples: Sublease (La Jolla Pharmaceutical Co)

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