Lease Terminated. In the event of a condemnation and this Lease is terminated as herein provided, the parties shall use reasonable efforts to cause the condemning authority to make separate awards to Landlord, on the one hand, and Tenant, on the other hand, as to their respective interests. If the condemning authority does not make such separate awards, then the award paid by the condemning authority (after payment of expenses incurred in connection with collecting the same) shall be divided between Landlord and Tenant so that each party shall receive that portion of the award which bears the same proportion of the total award as the value of such party’s interests in the Premises bears to the total value of all interests in the Premises. The value of Landlord’s interests shall include the value of the land; the value of Landlord’s interest in this Lease had the Premises not been condemned, including the right to receive payment of all sums required to be paid by Tenant to Landlord hereunder for the remainder of the Lease term; and the value of Landlord’s residual right to the improvements located on the Premises upon termination of this Lease. The value of Tenant’s interest shall include the value of the improvements located on the Premises reduced by the value of Landlord’s reversionary interest therein; and the value of Tenant’s leasehold estate hereunder had the Premises not been condemned, including the right to use and occupy the Premises for the remainder of the Lease term subject to the obligation of Tenant to pay the amounts due hereunder. Tenant shall be entitled to claim in any condemnation proceedings such award as may be allowed for relocation costs or other consequential damages, but only to the extent that the same shall not reduce, and shall be in addition to, the award for the Premises and the improvements located on the Premises.
Lease Terminated. If this Lease is terminated as provided in this Paragraph, Rent (plus all other charges payable by Tenant under this Lease) shall be paid up to the day that Tenant is no longer permitted to use the Leased Premises and Landlord shall make an equitable refund of any Base and/or Additional Rent paid by Tenant in advance.
Lease Terminated. We will not be required to lease the Equipment to you any longer.
Lease Terminated. The Initial Term of the Lease shall expire on March 31, 2005 (the “Lease Termination Date”) as though such date were the date originally set forth in the Lease as its expiration date, and any renewal or extension options shall be null and void. No later than the Lease Termination Date, Tenant shall vacate and surrender the Premises to Landlord in accordance with Section 16 of the Lease in a broom clean condition free of its personal property, provided, however, Tenant shall not be required to remove any Tenant Alterations presently installed in the Premises but shall be allowed to remove all signs located at or about the Leased Space.
Lease Terminated. If either Landlord or Tenant terminates this Lease under this Article 13, Landlord will apportion Base Rent, Additional Parking Rent and all other Additional Rent on a per diem basis, and Tenant will pay the Base Rent, Additional Parking Rent and all other Additional Rent to (a) the date of the fire or other casualty if the event renders the Premises completely untenantable or (b) if the event does not render the Premises completely untenantable, the effective date of such termination (provided that Tenant's obligation to pay Base Rent, Additional Parking Rent and all other Additional Rent shall be equitably apportioned pursuant to subparagraph (g) below).
Lease Terminated. In the event Landlord elects to terminate this Lease pursuant to Section 21.a above by reason of the occurrence of a default, Landlord shall be entitled to recover from Tenant, and Tenant will pay to Landlord on demand, as and for liquidated and agreed final damages and in lieu of all current damages beyond the date of such demand (it being agreed that it would be impracticable or extremely difficult to fix the actual damages), an amount equal to (1) the worth of the unpaid rent that had been earned at the time of termination of Tenant's right to possession; plus (2) the worth of the amount of the unpaid rent that would have been earned after the date of termination of Tenant's right to possession less the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (3) any other amount, including but not limited to, expenses incurred to relet the premises, court, attorney and collection costs, necessary to compensate Landlord for all detriment caused by Tenant's default. "The Worth," as used for Item 21.e.(1) in this Section 21.e is to be computed by allowing interest at the rate of 12% per annum. If the interest rate specified in this Lease is higher than the rate permitted by law, the interest rate is hereby decreased to the maximum legal interest rate permitted by law. The Worth is used for Item 21.e.(2) in this Section is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of termination of Tenant's right of possession.
Lease Terminated. If the Premises or any portion thereof are taken under the power of eminent domain, or sold by Lessor under the threat of the exercise of said power (all of which is herein referred to as "condemnation"), this Lease shall terminate as to the part so taken as of the date of condemning authority takes title of possession, taken as of the date of condemning authority takes title of possession, whichever occurs first if more than ten (10) percent of the floor area of any building on the Premises, or more than twenty-five (25) percent of the land area of the Premises not covered with buildings, is taken by condemnation, either Lessor or Lessee may terminate this Lease, as of the date of condemning authority takes possession, by notice in writing of such election within twenty (20) days after Lessor shall have notified Lessee of the taking, or in the absence of such notice then within twenty (20) days after the condemning authority shall have taken possession. If this Lease is terminated under threat of condemnation, Lessee shall be entitled to a prorated portion of any rentals paid beyond the effective date of condemnation.
Lease Terminated. In the event of any termination of this Lease pursuant to the provisions of this Article 16, Landlord and Tenant shall thereupon be released from any further liability hereunder, except that each party hereunder shall remain liable for all obligations and liabilities of such party under this Lease, which have arisen on or prior to such date of termination, including, but not by way of limitation, Tenant’s liability for the payment of the Fixed Rent and Additional Payments.
Lease Terminated. In the event of the institution of APPROPRIATION PROCEEDINGS, this LEASE shall terminate as of the date of the actual taking by the condemning authorities. The compensation award for any taking, whether for the whole or a portion of the PREMISES, shall be the sole property of LANDLORD, whether such compensation is awarded for diminution in the value or loss of the fee, or otherwise, and TENANT hereby assigns to LANDLORD all of TENANT'S rights and title to and interest in any such compensation award; provided, however, the TENANT shall be entitled to pursue a separate action against the appropriating authority for: the unamortized portion of any leasehold improvements installed by TENANT in the PREMISES; the cost of removal of any leasehold improvements, fixtures and other improvements installed by or at the expense of TENANT; TENANT'S relocation expenses; and any separate award made by the appropriating authority directly to TENANT, provided it does not reduce the award to LANDLORD.
Lease Terminated. In case the Lease shall be terminated as a result of the rejection thereof by any trustee, receiver or liquidating agent of the Lessee or any of its properties in any bankruptcy, insolvency, reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar proceeding, NGC's obligations hereunder shall continue to the same extent as if such agreement had not been so rejected. NGC agrees that this Agreement shall continue to be effective or be reinstated, as the case may be, if any payment to the Lessor or the Agent in respect of the CoGen Obligations or any part thereof is rescinded or must otherwise be returned by the Lessor or the Agent upon the insolvency, bankruptcy or reorganization of the Lessee, or otherwise, as though such payment to the Lessor or the Agent had not been made.
