Common use of Partial Condemnation Without Termination Clause in Contracts

Partial Condemnation Without Termination. Should Sublessee or Sublessor fail to exercise the termination option described in this Article, or should the portion of the Leased Premises taken under the power of eminent domain be insufficient to give rise to the option therein described, then, in that event: i. This Sublease shall terminate as to the portion of the Leased Premises taken by eminent domain as of the day (hereinafter called the “date of taking”), actual physical possession of that portion of the Leased Premises is taken by the agency or entity exercising the power of eminent domain; ii. Base Minimum Rent to be paid by Sublessee to Sublessor pursuant to the terms of this Sublease shall, after the date of taking, be reduced by an amount that bears the same ratio to the Base Minimum Rent specified in this Sublease as the square footage of the actual floor area of the Leased Premises taken under the power of eminent domain bears to the total square footage of floor area of the Leased Premises as of the date of this Sublease; and iii. Except to the extent the Master Lessor under the Master Lease is so obligated, Sublessee, at Sublessee's own cost and expense shall remodel and reconstruct the building remaining on the portion of the Leased Premises not taken by eminent domain into a single efficient architectural unit in accordance with plans mutually approved by the parties hereto as soon after the date of taking, or before, as can be reasonably done.

Appears in 3 contracts

Samples: Sublease Agreement, Sublease Agreement (iPower Inc.), Sublease Agreement (Thermal Tennis Inc.)

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Partial Condemnation Without Termination. Should Sublessee or Sublessor fail to exercise the termination option described in this Article, or should the portion of the Leased Sublease Premises taken under the power of eminent domain be insufficient to give rise to the option therein described, then, in that event: i. (a) This Sublease shall terminate as to the portion of the Leased Sublease Premises taken by eminent domain as of the day (hereinafter called the “date of taking”), actual physical possession of that portion of the Leased Sublease Premises is taken by the agency or entity exercising the power of eminent domain; ii. (b) Base Minimum Rent to be paid by Sublessee to Sublessor pursuant to the terms of this Sublease shall, after the date of taking, be reduced by an amount that bears the same ratio to the Base Minimum Rent specified in this Sublease as the square footage of the actual floor area of the Leased Sublease Premises taken under the power of eminent domain bears to the total square footage of floor area of the Leased Sublease Premises as of the date of this SubleaseSublease and the same as to any portion of the parking taken; and iii. (c) Except to the extent the Master Lessor under the Master Lease is so obligated, Sublessee, at Sublessee's ’s own cost and expense shall remodel and reconstruct the building remaining on the portion of the Leased Sublease Premises not taken by eminent domain into a single efficient architectural unit in accordance with plans mutually approved by the parties hereto as soon after the date of taking, or before, as can be reasonably done.

Appears in 1 contract

Samples: Sublease Agreement (Neomagic Corp)

Partial Condemnation Without Termination. Should Sublessee or Sublessor fail to exercise the termination option described in this Article, or should the portion of the Leased Premises taken under the power of eminent domain be insufficient to give rise to the option therein described, then, in that event: i. (a) This Sublease shall terminate as to the portion of the Leased Premises taken by eminent domain as of the day (hereinafter called the "date of taking"), actual physical possession of that portion of the Leased Premises is taken by the agency or entity exercising the power of eminent domain; ii. (b) Base Minimum Rent to be paid by Sublessee to Sublessor pursuant to the terms of this Sublease shall, after the date of taking, be reduced by an amount that bears the same ratio to the Base Minimum Rent specified in this Sublease as the square footage of the actual floor area of the Leased Premises taken under the power of eminent domain bears to the total square footage of floor area of the Leased Premises as of the date of this Sublease; and iii. (c) Except to the extent the Master Lessor under the Master Lease is so obligated, Sublessee, at Sublessee's own cost and expense shall remodel and reconstruct the building remaining on the portion of the Leased Premises not taken by eminent domain into a single efficient architectural unit in accordance with plans mutually approved by the parties hereto as soon after the date of taking, or before, as can be reasonably done.

Appears in 1 contract

Samples: Real Estate Sublease (Photon Dynamics Inc)

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Partial Condemnation Without Termination. Should Sublessee or Sublessor fail to exercise the termination option described in this Article, . or should the portion of the Leased Premises taken under the power of eminent domain be insufficient to give rise to the option therein described, then, in that event: i. This Sublease shall terminate as to the portion of the Leased Premises taken by eminent domain as of the day (hereinafter called the “date of taking”), actual physical possession of that portion of the Leased Premises is taken by the agency or entity exercising the power of eminent domain; ii. Base Minimum Rent to be paid by Sublessee to Sublessor pursuant to the terms of this Sublease shall, shall after the date of taking, be reduced by an amount that bears the same ratio to the Base Minimum Rent specified in this Sublease as the square footage of the actual floor area of the Leased Premises taken under the power of eminent domain bears to the total square footage of floor area of the Leased Premises as of the date of this Sublease; and iii. Except to the extent the Master Lessor under the Master Lease is so obligated, Sublessee, at Sublessee's Sublessees own cost and expense shall remodel and reconstruct the building remaining on the portion of the Leased Premises not taken by eminent domain into a single efficient architectural unit in accordance with plans mutually approved by the parties hereto as soon after the date of taking, or before, as can be reasonably done.

Appears in 1 contract

Samples: Sublease Agreement (Sino Daren Co. LTD)

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