Common use of Partial Appropriation Clause in Contracts

Partial Appropriation. If less than the entire Premises or Improvements are Appropriated and this Lease is not terminated pursuant to Section 17.4(b) above: (A) this Lease shall be deemed amended, effective as of the earlier of the date that the Appropriating authority obtains title to the Appropriated portion of the Premises or Improvements or the date that the Appropriating authority takes possession of the Appropriated portion of the Premises or Improvements, such that the definition of the "Premises" shall include only that portion of the land described in Exhibit A attached that is not Appropriated; (B) Lessee, as promptly as reasonably practicable and with all commercially reasonable diligence, shall perform all Restoration Work that may be necessary to restore the Project consistent with the requirements of this Lease, to the maximum extent feasible; (C) Annual Base Rent shall be equitably reduced based upon the ratio that the gross square footage of the Improvements that are the subject of the Appropriation bears to the Aggregate Permitted Square Footage (calculated for purposes of this Section 17.4(c) with reference to Entitlements issued by the City as of the date this Lease is deemed amended pursuant to clause (A) of this Section 17.4(c)), and (D) any Award shall be divided between Lessor and Lessee in the manner provided in Section 17.5(b) below.

Partial Appropriation. If less than the entire Premises or Improvements are Appropriated and this Lease is not terminated pursuant to Section 17.4(b) above: (A) this Lease shall be deemed amended, effective as of the earlier of the date that the Appropriating authority obtains title to the Appropriated portion of the Premises or Improvements or the date that the Appropriating authority takes possession of the Appropriated portion of the Premises or Improvements, such that the definition of the "term “Premises" ” shall include only that portion of the land Land described in Exhibit A attached that is not AppropriatedAppropriated and the definition of the term “Improvements” shall include only those portions of the Improvements that are not appropriated; (B) Lessee, as promptly as reasonably practicable and with all commercially reasonable diligence, shall perform all Restoration Work that as may be necessary to restore the Project Premises consistent with the requirements of this Lease, to the maximum extent feasiblefeasible for operation as a Luxury Hotel; (C) Annual Base Rent shall be equitably reduced based upon in the ratio proportion that the gross square footage of the Improvements that which are the subject of the Appropriation Appropriated bears to the Aggregate Permitted Square Footage (calculated for purposes of this Section 17.4(c) with reference to Entitlements issued by the City as aggregate gross square footage of the date this Lease is deemed amended pursuant Improvements immediately prior to clause (A) of this Section 17.4(c))the Appropriation, and (D) any Award shall be divided between Lessor and Lessee in the manner provided in Section 17.5(b) below.