Common use of Less Than All of Premises Taken Clause in Contracts

Less Than All of Premises Taken. If twenty percent (20%) or more of the square footage in the Premises is taken by condemnation or if the remainder of the Premises is divided in two (2) or more units, then Landlord shall have the right to terminate this Lease upon written notice to Xxxxxx delivered no later than the day possession shall be taken by such condemning authority whereupon this Lease shall terminate as of the day possession shall be taken by such condemning authority. Tenant shall pay Rent and perform all of its other obligations under this Lease up to that date. If this Lease is not so terminated, the square footage of the Premises shall be accordingly adjusted as of the date of the taking, Rent shall be accordingly adjusted and any pre-paid Rent shall be proportionately credited or debited to Tenant. Thereafter, the Rent shall be based on the square footage of the Premises. Xxxxxxxx agrees, at Xxxxxxxx’s cost and expense, as soon as reasonably possible, to restore the Premises on the land remaining to a complete unit of like quality and character as existed prior to such appropriation or taking, provided that Landlord shall not be required to expend more on such restoration than the condemnation award received by Landlord (less all expenses, costs, legal fees and court costs incurred by Landlord in connection with such award).

Appears in 2 contracts

Samples: Absolute Net Ground Lease Agreement (Zoned Properties, Inc.), Absolute Net Lease Agreement (Zoned Properties, Inc.)

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Less Than All of Premises Taken. If twenty percent (20%) or more less than all of the square footage in the Premises is taken by condemnation or Condemnation, and if the remainder of the Premises is divided cannot be used for Tenant’s continued use or occupancy for Tenant’s business in two (2) the reasonable judgment of Tenant or more unitsif the portion of the Premises not taken cannot be feasibly restored to a leasable unit in the reasonable judgment of Landlord, then in either such event Landlord or Tenant shall each have the right to terminate this Lease upon written notice to Xxxxxx delivered no later than the day other party within thirty (30) days after possession shall be is taken by such condemning authority whereupon Condemnation. If this Lease is so terminated, it shall terminate as of the day date possession shall be taken by such condemning authority. so taken, and Tenant shall pay Rent and perform all of its other obligations under this Lease up to that such date with a proportionate refund by Landlord of any Rent which shall have been paid in advance for periods subsequent to such date. If this Lease is not so terminated, it shall terminate only with respect to the square footage parts of the Premises shall be accordingly adjusted so taken as of the date of the taking, Rent possession shall be accordingly adjusted taken by such authority, and any pre-paid Rent shall be proportionately credited or debited to Tenant. Thereafter, thereafter the Rent shall be based on reduced in direct proportion to the square footage amount of Leasable Space of the Premises. Xxxxxxxx Premises taken, and Landlord agrees, at XxxxxxxxLandlord’s cost and expense, as soon as reasonably possible, practical to restore the remainder of the Premises on the land remaining to a complete unit of like similar quality and character as existed prior to such appropriation or taking, taking (to the extent feasible); provided that Landlord shall not be required to expend more on such restoration than an amount equal to the condemnation award received by Landlord on account of such taking (less all expenses, costs, and legal fees and court costs incurred by Landlord in connection with such award).

Appears in 2 contracts

Samples: Commercial Lease (MJ Holdings, Inc.), Commercial Lease (MJ Holdings, Inc.)

Less Than All of Premises Taken. If less than all but more than twenty percent (2020.0%) or more of the square footage GLA in the Premises is taken by condemnation or if (regardless of the percentage of the GLA in the Premises which is taken) the remainder of the Premises is divided in two (2) or more unitsnot one undivided parcel of property, then in either event Landlord and Tenant shall have the right to terminate this Lease upon written notice in writing to Xxxxxx delivered no later than the day other party within ninety (90) days after possession shall be is taken by such condemning authority whereupon condemnation. If this Lease is so terminated, it shall terminate as of the day possession shall be taken by such condemning authority. , and Tenant shall pay Rent and perform all of its other obligations under this Lease up to that datedate with proportionate refund by Landlord of any Rent they may have been paid in advance for a period subsequent to the date of the taking. If this Lease is not so terminated, it shall terminate only with respect to the square footage parts of the Premises shall be accordingly adjusted so taken as of the day possession is taken by such authority, and Tenant shall pay Rent up to that day with a proportionate refund by Landlord of any Rent that may have been paid for a period subsequent to the date of the takingtaking and, Rent shall be accordingly adjusted and any pre-paid Rent shall be proportionately credited or debited to Tenant. Thereafterthereafter, the Rent shall be based on the remaining square footage of GLA in the Premises. Xxxxxxxx Landlord agrees, at Xxxxxxxx’s Landlord's cost and expense, as soon as reasonably possible, to restore the Premises on the land remaining to a complete unit of like quality and character as existed prior to such appropriation or taking, ; provided that Landlord shall not be required to expend more on such restoration than the condemnation award received by Landlord (less all expenses, costs, legal fees and court costs incurred by Landlord in connection with such award).

Appears in 1 contract

Samples: Lease Agreement (American Marine Recreation Inc)

Less Than All of Premises Taken. If twenty percent (20%) or more of the square footage GLA in the Premises is taken by condemnation or if (regardless of the percentage of the GLA in the Premises which is taken) the remainder of the Premises is divided in two (2) or more units, then in either event Landlord and Tenant shall have the right to terminate this Lease upon ninety (90) days written notice to Xxxxxx delivered no later than the day after possession shall be is taken by such condemning authority condemnation whereupon this the Lease shall terminate as of the day possession shall be taken by such condemning authority. Tenant shall pay Rent and perform all of its other obligations under this Lease up to that date. If this Lease is not so terminated, the square footage GLA of the Premises shall be accordingly adjusted as of the date of the taking, Rent shall be accordingly adjusted and any pre-paid Rent shall be proportionately credited or debited to Tenant. Thereafter, the Rent shall be based on the square footage of GLA in the Premises. Xxxxxxxx Landlord agrees, at XxxxxxxxLandlord’s cost and expense, as soon as reasonably possible, to restore the Premises on the land remaining to a complete unit of like quality and character as existed prior to such appropriation or taking, provided that Landlord shall not be required to expend more on such restoration than the condemnation award received by Landlord (less all expenses, costs, legal fees and court costs incurred by Landlord in connection with such award).

Appears in 1 contract

Samples: Shopping Center Lease (Wilshire Bancorp Inc)

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Less Than All of Premises Taken. If twenty percent (20%) or more of the square footage in the Premises is taken by condemnation or if the remainder of the Premises is divided in two (2) or more units, then Landlord shall have the right to terminate this Lease upon written notice to Xxxxxx delivered no later than the day possession shall be taken by such condemning authority whereupon this Lease shall terminate as of the day possession shall be taken by such condemning authority. Tenant may reject Xxxxxxxx’s termination, if in Tenant’s sole discretion, it is still viable for Tenant’s use. If there is a termination of the Lease under this Article, Tenant shall pay Rent and perform all of its other obligations under this Lease up to that date. If this Lease is not so terminated, the square footage of the Premises shall be accordingly adjusted as of the date of the taking, Rent shall be accordingly adjusted and any pre-paid Rent shall be proportionately credited or debited to Tenant. Thereafter, the Rent shall be based on the square footage of the Premises. Xxxxxxxx agrees, at Xxxxxxxx’s cost and expense, as soon as reasonably possible, to restore the Premises on the land remaining to a complete unit of like quality and character as existed prior to such appropriation or taking, provided that Landlord shall not be required to expend more on such restoration than the condemnation award received by Landlord (less all expenses, costs, legal fees and court costs incurred by Landlord in connection with such award).

Appears in 1 contract

Samples: Absolute Net Lease Agreement (Zoned Properties, Inc.)

Less Than All of Premises Taken. If twenty less than all but more than ten percent (2010%) or more of the square footage in Rentable Area of the Premises is taken by condemnation Condemnation, or if in the reasonable judgment of Landlord or Tenant (regardless of the percentage of Rentable Area of the Premises which is taken) the remainder of the Premises is divided in two (2) cannot be used for Tenant’s continued use or more unitsoccupancy for Tenant’s business, then in either such event Landlord or Tenant shall each have the right to terminate this Lease upon written notice to Xxxxxx delivered no later than the day other party within sixty days after possession shall be is taken by such condemning authority whereupon Condemnation. If this Lease is so terminated, it shall terminate as of the day date possession shall be taken by such condemning authority. so taken, and Tenant shall pay Rent rent and perform all of its other obligations under this Lease up to that such date with a proportionate refund by Landlord of any rent which shall have been paid in advance for periods subsequent to such date. If this Lease is not so terminated, it shall terminate only with respect to the square footage parts of the Premises shall be accordingly adjusted so taken as of the date possession shall be taken by such authority and Tenant shall pay rent up to such date with a proportionate refund by Landlord of any rent which shall have been paid in advance for periods subsequent to such date, and thereafter the taking, Minimum Rent shall be accordingly adjusted and any pre-paid Rent shall be proportionately credited or debited reduced in direct proportion to Tenant. Thereafter, the Rent shall be based on the square footage amount of the Premises. Xxxxxxxx Rentable Area of the Premises taken, and Landlord agrees, at XxxxxxxxLandlord’s cost and expense, as soon as reasonably possible, possible to restore the remainder of the Premises on the land remaining to a complete unit of like similar quality and character as existed prior to such appropriation or taking, taking (to the extent feasible); provided that Landlord shall not be required to expend more on such restoration than an amount equal to the condemnation award received by Landlord (less all expenses, costs, costs and legal fees and court costs incurred by Landlord in connection with such award).

Appears in 1 contract

Samples: Lease Agreement (Digital Domain Media Group, Inc.)

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