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, 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 and, provided further, Sublandlord shall exercise such right if requested in writing to do so by Subtenant promptly after the casualty. 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. 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 such leasehold improvements or alterations to the extent required of Sublandlord in the Prime Lease.

Appears in 1 contract

Samples: Sublease Agreement (Pitney Bowes Office 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 Sublease Premises, or of a taking of all or a part of the Building or Sublease Premises under the power of eminent domain, Sublandlord shall have the right to not exercise any right that which 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 and, provided further, Sublandlord shall exercise such right if requested in writing to do so by Subtenant promptly after Master Sublease without first obtaining the casualtyprior written consent of Subtenant. If In the event Sublandlord is entitled, under the Prime LeaseMaster Sublease, 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 the Sublease Share of such rent abatement unless the effect on the Sublease 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 Master Sublease imposes on Sublandlord or Master Sublandlord, or the Master Lease imposes on Sublandlord Master Landlord, the obligation to repair or restore leasehold improvements or alterations, Subtenant shall be responsible for make any insurance proceeds resulting from the loss which Sublandlord, Master Sublandlord or Master Landlord or Master Landlord is obligated to repair or restoration restore available to such party and shall permit such party to enter the Sublease Premises to perform the same. Subtenant shall have the right to terminate the Sublease as a result of such leasehold improvements a casualty or alterations condemnation only to the extent required Sublandlord has the right to terminate the Master Sublease as a result of Sublandlord in the Prime Leasesuch event.

Appears in 1 contract

Samples: Sub Sublease Agreement (Remedy Corp)

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, Sublandlord shall have in 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 and, provided further, Sublandlord shall exercise such right if requested in writing to do so by Subtenant promptly after the casualty. If 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 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. 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 such leasehold improvements or alterations 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 extent required of Sublandlord in Premises to perform the Prime Leasesame, subject to such conditions as Subtenant may reasonably impose.

Appears in 1 contract

Samples: Aquantive 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 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 and, provided further, Sublandlord shall exercise such right if requested in writing to do so by Subtenant promptly after the casualtySubtenant. 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 abatementabatement 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, Subtenant Sublandlord shall be responsible for repair or restoration of such leasehold improvements or alterations to the extent required of alterations, and Subtenant shall reimburse Sublandlord in accordance with subsection 14(A)(iii) for the Prime Leaseexpenses incurred by Sublandlord in connection --------------------- with said repair or restoration.

Appears in 1 contract

Samples: Sublease and License Agreement (Pitney Bowes Office Systems Inc)

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