PARTIAL. If the taking is of less than substantially all of the Land and Building and if this Lease is for any reason not terminated pursuant to the following Paragraph 16.C, Landlord shall as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all of the award received by Landlord and Tenant (but not in excess thereof) so as to provide to the extent reasonably possible, comparable space and amenities to those enjoyed by Tenant under this Lease prior to the taking; in such event this Lease shall continue in force at the square foot rental rates and adjustment herein provided for the Premises applied to the Rentable Area of the Premises existing in the Building as restored, but Base Rent, Additional Rent and other charges due hereunder shall abatx xxx the portions of the Premises affected as to periods when the Premises is not available for use by Tenant in the ordinary course of its business as a result of such taking and work of restoration. In the event the taking is of less than substantially all of the Land and Building and does not affect the Premises or any other interest of Tenant under this Lease to which an economic value can be determined and computed by the court having jurisdiction, Tenant shall have no right to a single award or share of the award as provided in the preceding grammatical paragraph, provided that to the extent required, all of the award received by Landlord shall be used by Landlord to restore the Land and Building as provided above in this Paragraph. If the parties are unable to agree whether a taking is of substantially all of the Land and Building or the extent of any required restoration, then the matter shall be determined by arbitration pursuant to Paragraph 33 hereof.
PARTIAL. INVALIDITY If any term, covenant, condition, or provision of this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof will remain in full force and effect and will in no way be affected, impaired, or invalidated thereby.
PARTIAL. If any part of the Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of Tenant, as determined by Landlord, then this Lease and the term herein shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Premises unsuitable for the business of Tenant, then this Lease shall continue in effect, except that the Fixed Minimum Rent shall be reduced in the same proportion that the floor area of the Premises taken bears to the original floor area leased and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the building in which the Premises are located so as to constitute the portion of the building not taken a complete architectural unit, but such work shall not exceed the scope of the work to be done by Landlord in originally constructing said building, nor shall Landlord, in any event, be required to spend for such work an amount in excess of the amount received by Landlord as damages for the part of the Premises so taken. "Amount received by Landlord" shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgagee for the value of the diminished fee.
PARTIAL. PAYMENTS If and whenever a payment is made by an Obligor hereunder and the Agent receives an amount less than the due amount of such payment the Agent may apply the amount received towards the obligations of the Obligors under this Agreement in the following order:
PARTIAL. In the event the referred damages do not prevent the LESSEE, in a substantial way, from continuing the normal operation of its business on the LEASED PREMISES, the LESSOR or the LESSEE, as the case may be, shall repair said damages under the terms of clause EIGHT above.
PARTIAL. INVALIDITY - If any term, provision, covenant or condition of this Lease, or any application thereof, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, all provisions, covenants and conditions of this Lease, and all applications thereof, not held invalid, void or unenforceable, shall continue in full force and effect.
PARTIAL. If a portion of the Leased Premises is taken by eminent domain, and the partial taking renders the remaining portion unsuitable for the business of the Lessee, then this Lease shall terminate. If the partial taking is not extensive enough to render the premises unsuitable for the business of the Lessee, then this Lease shall continue in effect, except that the fixed monthly rent amount shall be reduced and adjusted in an appropriate manner.
PARTIAL. In the event the said damage caused to the Leased Property does not prevent COMPANY from continuing the normal operation of its business on the Leased Property, PIMSA and COMPANY shall repair said damage, each party reconstructing that portion of the building and interior installations for which it was responsible during the original construction; provided that excluding damage or destruction to the parking lot during the period required for such repair work of PIMSA's Improvements or the improvements, rental payable hereunder by COMPANY shall be equitably prorated to the proportioned interference with COMPANY's use and possession of the Leased Property occasioned by such damage and repair, and in such event, PIMSA shall accept in lieu of the equitably prorated rent payable hereunder, during the period when COMPANY is partially deprived of the use and possession of the Leased Property, any rental insurance proceeds attributable to rent which may be payable pursuant to said insurance provided for hereinabove.
PARTIAL. Releases The Borrower may obtain the release of any Mortgaged Property (the “Release Tract”) from the liens and security interests of the Loan Documents if it satisfies the following terms and conditions:
PARTIAL. In the event that only a part of the Building area constituting fifty (50%) percent or less shall be so taken, the Landlord or Tenant may elect to cancel this Lease provided Landlord, within ninety (90) days after such taking, gives notice to that effect and upon the giving of such notice, the Basic Rent and Additional Rent shall be apportioned and paid to the date of the expiration of the Term and this Lease and the Term shall cease, expire and come to an end upon the expiration of said ninety (90) days specified in said notice. If the Landlord shall not elect to terminate as heretofore provided, this Lease shall remain unaffected except the Tenant shall be entitled to a pro rata reduction of Basic Rent, based on the proportion which the area of the Building so taken bears to the area of the Building immediately prior to such taking.
