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, 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.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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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 under by the exercise of 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 If 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 a prompt refund of Rent calculated by multiplying the percentage of the rent abatement, based on Premises made untenantable by the relative impact lump sum payment of Rent multiplied by the percentage of the fire or other casualty, or Sublease Term during which the taking, as the case may beabatement continues. If the Prime Lease imposes on Landlord the obligation to repair or restore leasehold improvements or alterations, Landlord shall promptly perform such repairs or restoration, and 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 samethem, subject to such reasonable conditions as which Tenant may reasonably impose.

Appears in 1 contract

Samples: Sublease (Ifth Acquisition Corp)

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