Common use of Partial Condemnation Clause in Contracts

Partial Condemnation. If any portion of the Premises or Building is condemned and such partial condemnation materially impairs Tenant’s ability to use the Premises for Tenant’s business as reasonably determined by Landlord, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 3 contracts

Samples: Lease Agreement (PROCEPT BioRobotics Corp), Lease Agreement (PROCEPT BioRobotics Corp), Lease Agreement (Biotime Inc)

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Partial Condemnation. If any portion of the Premises or the Building is condemned Condemned and such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s 's business as reasonably determined by Landlord, Landlord shall have the option in Landlord’s 's sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s 's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 2 contracts

Samples: Office Lease (Rimini Street, Inc.), Sublease Agreement (GP Investments Acquisition Corp.)

Partial Condemnation. If any only a portion of the Premises or the Building is condemned Condemned and such partial condemnation materially impairs and adversely impacts Tenant’s 's ability to use and enjoy the Premises for the conduct of Tenant’s business as reasonably determined by Landlord's business, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project Building reasonably acceptable to Tenant or (ii) terminate terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued issued, and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair and adversely impact Tenant’s 's ability to use and enjoy the Premises for the business conduct of Tenant's business, Landlord shall fully and promptly restore the Premises and the Building to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession possession, Rent shall be adjusted as reasonably determined by Landlordand equitably prorated.

Appears in 2 contracts

Samples: Allos Therapeutics Inc, Office Lease (Allos Therapeutics)

Partial Condemnation. If any portion only part of the Leased Premises or Building is condemned shall be so acquired, and such partial condemnation materially impairs acquisition shall render the Leased Premises unsuitable for the purposes of the business of Tenant’s ability to use , then the Premises for Tenant’s business as reasonably determined by Landlord, Landlord shall have the option in Landlord’s sole and absolute discretion term of either (i) relocating Tenant to comparable space within the Project or (ii) terminate this Lease as of the earlier of the date title vests in the condemning authority or shall cease and terminate as of the date an order of immediate possession is issued possession, and Rent rent shall be adjusted to the date of such termination. If such In the event of a partial taking or condemnation does which is not materially impair Tenant’s ability extensive enough to use render the Premises premises unsuitable for the business of Tenant, then Landlord shall may, at its option, promptly restore the Leased Premises so as to constitute the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnationremaining premises a complete architectural unit, and this Lease shall continue in full force and effect except that after with a proportionate abatement of the date rent, based upon the portion of such title vesting the Leased Premises taken, or order terminate this Lease by written notice to Tenant. The rent shall also xxxxx during the restoration as to the portion of immediate possession Rent shall be adjusted as reasonably determined by Landlordthe Leased Premises rendered untenantable.

Appears in 2 contracts

Samples: Lease (Medgenesis Inc), Medgenesis Inc

Partial Condemnation. If any portion of the Premises or Building is condemned and such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s 's business as reasonably determined by Landlord, Landlord shall have the option in Landlord’s 's sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s 's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Telenav, Inc.), Lease Agreement (Ipass Inc)

Partial Condemnation. If any portion of the Premises or the Building is condemned Condemned and such partial condemnation materially impairs Tenant’s ability to use the Premises for Tenant’s business as reasonably determined by Landlord, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 2 contracts

Samples: Office Building Lease (Rimini Street, Inc.), Office Building Lease (Rimini Street, Inc.)

Partial Condemnation. If any portion of the Premises or the Building is condemned Condemned and such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s 's business as reasonably determined by LandlordTenant, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s 's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.Landlord.‌

Appears in 1 contract

Samples: Sublease Agreement

Partial Condemnation. If any portion part of the Premises shall be acquired or Building is condemned as aforesaid, and in the event that such partial taking or condemnation materially impairs Tenant’s ability to use shall render the Premises unsuitable for the business of Tenant’s business as reasonably determined by Landlord, Landlord shall have the option in then at Landlord’s sole and absolute discretion option, either the term of either (i) relocating Tenant to comparable space within the Project or (ii) terminate this Lease as of the earlier of the date title vests in the condemning authority or shall cease and terminate as of the date an order of immediate possession is issued title vesting in such proceeding, or Landlord may relocate Tenant to a Substitute Premises. Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease and Rent rent shall be adjusted to the date of such termination. If such In the event of a partial taking or condemnation does which is not materially impair Tenant’s ability extensive enough to use render the Premises unsuitable for the business of Tenant, then Landlord shall either promptly restore the Premises to a condition comparable to its condition at the extent time of any such condemnation proceeds recovered by Landlord, excluding less the portion thereof lost in such condemnationthe taking, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent and rent shall be adjusted as reasonably determined by Landlordequitably adjusted, or Landlord may relocate Tenant to a Substitute Premises.

Appears in 1 contract

Samples: Lease Agreement (V2K International Inc)

Partial Condemnation. If any portion of the Premises or Building is condemned Condemned and -------------------- such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s 's business as reasonably determined by Landlord, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s Xxxxxx's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by LandlordXxxxxxxx, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 1 contract

Samples: Participation Agreement (Mohawk Industries Inc)

Partial Condemnation. If any portion of the Premises or the Building is condemned Condemned and such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s 's business as reasonably determined by LandlordTenant, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s 's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 1 contract

Samples: Sublease Agreement (E Loan Inc)

Partial Condemnation. If any portion of the Premises or Building is condemned and such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s 's business as reasonably determined by Landlordboth parties, Landlord shall have the option in Landlord’s 's sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s 's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent Rent, and the square footage shall be adjusted as reasonably determined by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Telenav, Inc.)

Partial Condemnation. If any portion of the Premises or Building is condemned and such partial condemnation materially impairs Tenant’s ability to use the Premises for Tenant’s business as reasonably determined by Landlordbusiness, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project if Tenant so agrees; or (ii) terminate if Tenant does not so agree, terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be appropriately adjusted as reasonably determined by Landlordon an equitable basis.

Appears in 1 contract

Samples: Lease (Macrovision Corp)

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Partial Condemnation. If any portion of the Premises or Building is condemned and such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s business as reasonably determined by Landlord's business, Landlord shall have the option in Landlord’s 's sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s 's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlordequitably.

Appears in 1 contract

Samples: Lease Agreement (Shutterfly Inc)

Partial Condemnation. If any portion part of the Premises leased premises shall be acquired or Building is condemned as aforesaid, and in the event that such partial taking or condemnation materially impairs Tenant’s ability to use shall render the Premises leased premises substantially unsuitable for Tenant’s the business as reasonably determined by of the Tenant in the reasonable opinion of Landlord, Landlord shall have then the option in Landlord’s sole and absolute discretion teen of either (i) relocating Tenant to comparable space within the Project or (ii) terminate this Lease as of the earlier of the date title vests in the condemning authority or shall cease and terminate as of the date an order possession shall be taken in such proceeding. Tenant shall have no claim against Landlord nor the condemning authority for the value of immediate possession is issued any unexpired term of this Lease and Rent rent shall be adjusted to the date of such termination. If such In the event of a partial taking or condemnation does which is not materially impair Tenant’s ability extensive enough to use render the Premises premises unsuitable for the business of Tenantthe Tenant in the reasonable opinion of the Tenant and Landlord, then Landlord shall promptly restore the Premises leased premises so as to constitute the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnationremaining premises a complete architectural unit, and this Lease shall continue in full force and effect except that after with a proportionate abatement of rent based on the date portion of such title vesting or order the leased premises taken. The rent shall also axxxx during restoration as to the portion of immediate possession Rent shall be adjusted as reasonably determined by Landlordthe leased premises rendered untenantable.

Appears in 1 contract

Samples: Lease (Wireless Ronin Technologies Inc)

Partial Condemnation. If any portion of the Premises or Building is condemned Condemned and such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s 's business as reasonably determined by Landlord, either Landlord or Tenant shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted and/or abated to the date of termination. If such partial condemnation does not materially impair Tenant’s 's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted and/or abated as reasonably determined by Landlord.

Appears in 1 contract

Samples: Griffith Micro Science International Inc

Partial Condemnation. If any portion of the Premises or Building is condemned Condemned and -------------------- such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s Xxxxxx's business as reasonably determined by Landlord, . Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s Xxxxxx's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by LandlordXxxxxxxx, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 1 contract

Samples: Participation Agreement (Mohawk Industries Inc)

Partial Condemnation. If any portion of the Premises or Building is condemned Condemned and such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s business as reasonably determined by Landlord's business, either Tenant or Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. Any such termination must be accomplished within ten (10) days of notice of such condemnation, or the right to so terminate as a result of such condemnation shall be waived. If such partial condemnation does not materially impair Tenant’s 's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 1 contract

Samples: Article 16 (Xicor Inc)

Partial Condemnation. If any portion of the Premises or the Building is condemned Condemned and such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s 's business as reasonably determined by Landlord, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s 's ability to use the Premises for the business of Tenant, Landlord Lanxxxxx shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 1 contract

Samples: Office Lease (Ipayment Inc)

Partial Condemnation. If any portion of the Premises or the Building is condemned Condemned and such partial condemnation materially impairs Tenant’s 's ability to use the Premises for Tenant’s 's business as reasonably determined by Landlord, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminate terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s Xxxxxx's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by LandlordXxxxxxxx, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 1 contract

Samples: Office Lease (Puma Technology Inc)

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