Common use of Immaterial Taking Clause in Contracts

Immaterial Taking. If any part of the Premises shall be taken by exercise of the power of eminent domain after the date of this Agreement that does not materially interfere with the use of the Premises for the purposes for which it is currently used, this Agreement shall continue in full force and effect and there shall be no abatement of the Purchase Price. Seller shall be relieved, however, of its duty to convey title to the portion of the parcel so taken, but Seller shall, on the Closing Date, assign to Buyer all rights and claims to any awards arising therefrom as well as any money theretofore received by Seller on account thereof, net of any expenses actually incurred by Seller, including attorney’s fees of collecting the same. Seller shall promptly furnish Buyer with a copy of the declaration of taking property after Seller’s receipt thereof.

Immaterial Taking. If any part of the Premises shall be taken by exercise of the power of eminent domain after the date of this Agreement that which does not materially interfere with the use of the Premises for the purposes for which it is currently intended to be used, this Agreement shall continue in full force and effect and there shall be no abatement of the Purchase Price. Seller shall be relieved, however, of its duty to convey title to the portion of the parcel so taken, but Seller shall, on the Closing Date, assign to Buyer all rights and claims to any awards arising therefrom as well as any money theretofore received by Seller on account thereof, net of any expenses actually incurred by to Seller, including attorney’s attorneys' fees of collecting the same. Seller shall promptly furnish Buyer with a copy of the declaration of taking property after Seller’s 's receipt thereof.

Immaterial Taking. If any part of the Premises Property shall be taken by exercise of the power of eminent domain after the date of this Agreement that does not materially (i) interfere with the use of the Premises Property for the purposes for which it is currently used; (ii) interfere with access to the Premises; or (iii) reduce the value of the Property, in Buyer’s reasonable judgment by more than $6,515,000.00, this Agreement shall continue in full force and effect and there shall be no abatement of the Purchase Price. Seller shall be relieved, however, of its duty to convey title to the portion of the parcel so taken, but Seller shall, on the Closing Date, assign to Buyer all rights and claims to any awards arising therefrom as well as any money theretofore received by Seller on account thereof, net of any expenses actually incurred by Seller, including attorney’s fees of collecting the same. Seller shall promptly furnish Buyer with a copy of the declaration of taking property promptly after Seller’s receipt thereof.

Immaterial Taking. If any part of the any Premises shall be taken by exercise of the power of eminent domain after the date of this Agreement that does not materially interfere with the use of the Premises for the purposes for which it is currently used, this Agreement shall continue in full force and effect and there shall be no abatement of the Purchase Price. However, the applicable Seller shall be relieved, however, relieved of its duty to convey title to the portion of the parcel so taken, but such Seller shall, on the Closing Date, assign to Buyer all rights and claims to any awards arising therefrom as well as any money theretofore received by such Seller on account thereof, net of any expenses actually incurred by such Seller, including attorney’s fees of collecting the same. Seller Sellers shall promptly furnish Buyer with a copy of the declaration of taking property after Seller’s Sellers’ receipt thereof.

Immaterial Taking. If any part of the Premises shall be taken by exercise of the power of eminent domain after the date of this Agreement that does not materially interfere with reduce the use number of units or the parking area or adversely affect access to the Premises or any common areas of the Premises for the purposes for which it is currently usedPremises, this Agreement shall continue in full force and effect and there shall be no abatement of the Purchase Price. Seller shall be relieved, however, of its duty to convey title to the portion of the parcel so taken, but Seller shall, on the Closing Date, assign to Buyer all rights and claims to any awards arising therefrom as well as any money theretofore received by Seller on account thereof, net of any reasonable expenses actually incurred by Seller, including reasonable attorney’s fees of collecting the same. Seller shall promptly furnish Buyer with a copy of the declaration of taking property after Seller’s receipt thereof.. BUSDOCS/1447877.5

Immaterial Taking. If any part of the Premises shall be taken by exercise of the power of eminent domain after the date of this Agreement that and such taking (i) does not materially interfere with the use of the Premises for the purposes for which it is currently usedused or (ii) does not have a material adverse affect on the income from the Premises, this Agreement shall continue in full force and effect and there shall be no abatement of the Purchase Price. Seller shall be relieved, however, of its duty to convey title to the portion of the parcel so taken, but Seller shall, on the Closing Date, assign to Buyer all rights and claims to any awards arising therefrom as well as any money theretofore received by Seller on account thereof, net of any expenses actually incurred by to Seller, including attorney’s 's fees of collecting the same. Seller shall promptly furnish Buyer with a copy of the declaration of taking property after Seller’s 's receipt thereof.