Common use of Partial Condemnation of Parking Area Clause in Contracts

Partial Condemnation of Parking Area. If twenty (20%) percent or more of the common parking areas at or near the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, then the Tenant shall have the option to cancel and terminate this Lease upon notice thereof given to the Landlord within ninety (90) days after the vesting of title in such proceeding. If less than twenty (20%) percent of the parking areas at or near the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, or if more than twenty (20%) percent of the parking areas shall be so acquired or condemned, but Tenant shall not elect to cancel and terminate this Lease, then the Landlord shall restore the parking areas to a condition reasonably comparable under the circumstances to its condition at the time of such condemnation, less the portion lost in the taking. In such event, this Lease shall be and remain in full force and effect and no reduction of Minimum Rent or any Additional Rent payable by Tenant under this Lease shall be allowed in such circumstances, but Tenant shall continue to pay the full Minimum Rent or any Additional Rent payable under this Lease for the balance of the term hereof.

Appears in 10 contracts

Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)

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Partial Condemnation of Parking Area. If twenty (20%) percent or more of the common parking areas at or near in the Premises Center shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, then the Tenant shall have the option to cancel and terminate this Lease upon notice thereof given to the Landlord within ninety (90) days after the vesting of title in such proceeding. If less than twenty (20%) percent of the parking areas at or near in the Premises Center shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, or if more than twenty (20%) percent of the parking areas shall be so acquired or condemned, but Tenant shall not elect to cancel and terminate this Lease, then the Landlord shall restore the parking areas to a condition reasonably comparable under the circumstances to its condition at the time of such condemnation, less the portion lost in the taking. In such event, this Lease shall be and remain in full force and effect and no reduction of Minimum Rent, Percentage Rent or any Additional Rent payable by Tenant under this Lease shall be allowed in such circumstances, but Tenant shall continue to pay the full Minimum Rent Rent, Percentage Rent, or any Additional Rent payable under this Lease for the balance of the term hereof.

Appears in 10 contracts

Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease Addendum (Radiation Therapy Services Holdings, Inc.)

Partial Condemnation of Parking Area. If twenty (20%) percent or more a portion of the common parking areas at or near for the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, and as a result of such taking the Tenant is unable to obtain confirmation or a variance from the applicable governmental entities in order to maintain compliance for Tenant’s use of the Premises after diligent efforts, then the Tenant shall have the option to cancel and terminate this Lease upon notice thereof given to the Landlord within ninety (90) days after the vesting of title in such proceeding. . 16.4.1 If less than twenty (20%) percent a portion of the parking areas at or near for the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, or if more than twenty (20%) percent of the parking areas shall be so acquired or condemned, but Tenant shall not be entitled or not elect to cancel and terminate this Lease, then the Landlord shall restore the parking areas to a condition reasonably comparable under the circumstances to its condition at the time of such condemnation, less the portion lost in the taking. In such event, this Lease shall be and remain in full force and effect and no reduction of Minimum Base Rent or any Additional Rent payable by Tenant under this Lease shall be allowed in such circumstances, but Tenant shall continue to pay the full Minimum Base Rent or any Additional Rent payable under this Lease for the balance of the term hereof.

Appears in 3 contracts

Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)

Partial Condemnation of Parking Area. If twenty (20%) percent or more of the common parking areas at or near the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, then the Tenant shall have the option to cancel and terminate this Lease upon notice thereof given to the Landlord within ninety (90) days after the vesting of title in such proceeding. If less than twenty (20%) percent of the parking areas at or near the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, or if more than twenty (20%) percent of the parking areas shall be so acquired or condemned, but Tenant shall not elect to cancel and terminate this Lease, then the Landlord shall restore the parking areas to a condition reasonably comparable under the circumstances to its condition at the time of such condemnation, less the portion lost in the taking. In such event, this Lease shall be and remain in full fiill force and effect and no reduction of Minimum Rent or any Additional Rent payable by Tenant under this Lease shall be allowed in such circumstances, but Tenant shall continue to pay the full Minimum Rent or any Additional Rent payable under this Lease for the balance of the term hereof.

Appears in 1 contract

Samples: Lease (Radiation Therapy Services Holdings, Inc.)

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Partial Condemnation of Parking Area. If twenty (20%) percent or more a portion of the common parking areas at or near for the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, and as a result of such taking the Tenant is unable to obtain confirmation or a variance from the applicable governmental entities in order to maintain compliance for Tenant’s use of the Premises after diligent efforts, then the Tenant shall have the option to cancel and terminate this Lease upon notice thereof given to the Landlord within ninety (90) days after the vesting of title in such proceeding. . 16.4.1 If less than twenty (20%) percent a portion of the parking areas at or near for the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, or if more than twenty (20%) percent of the parking areas shall be so acquired or condemned, but Tenant shall not be entitled or not elect to cancel and terminate this Lease, then the Landlord and/or the Condominium Association shall restore the parking areas to a condition reasonably comparable under the circumstances to its condition at the time of such condemnation, less the portion lost in the taking. In such event, this Lease shall be and remain in full force and effect and no reduction of Minimum Base Rent or any Additional Rent payable by Tenant under this Lease shall be allowed in such circumstances, but Tenant shall continue to pay the full Minimum Base Rent or any Additional Rent payable under this Lease for the balance of the term hereof.

Appears in 1 contract

Samples: Lease (Radiation Therapy Services Holdings, Inc.)

Partial Condemnation of Parking Area. If twenty (20%) percent or more a portion of the common parking areas at or near for the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, and as a result of such taking the Tenant is unable to obtain confirmation or a variance from the applicable governmental entities in order to maintain compliance for Tenant’s use of the Premises after diligent efforts, then the Tenant shall have the option to cancel and terminate this Lease upon notice thereof given to the Landlord within ninety (90) days after the vesting of title in such proceeding. . 15.4.1 If less than twenty (20%) percent a portion of the parking areas at or near for the Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, or if more than twenty (20%) percent of the parking areas shall be so acquired or condemned, but Tenant shall not be entitled or not elect to cancel and terminate this Lease, then the Landlord and/or the Condominium Association shall restore the parking areas to a condition reasonably comparable under the circumstances to its condition at the time of such condemnation, less the portion lost in the taking. In such event, this Lease shall be and remain in full force and effect and no reduction of Minimum Base Rent or any Additional Rent payable by Tenant under this Lease shall be allowed in such circumstances, but Tenant shall continue to pay the full Minimum Base Rent or any Additional Rent payable under this Lease for the balance of the term hereof.

Appears in 1 contract

Samples: Lease (Radiation Therapy Services Holdings, Inc.)

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