Common use of Partial Condemnation Clause in Contracts

Partial Condemnation. (a) (i) If less than the whole but more than twentyten percent (20%)(10%) of the Leased Premises or more than fifty percent (50%) of the Common Areas shall be so taken under eminent domain, or sold to public authority under threat or in lieu of such a taking, Tenant shall have the right either to terminate this Lease and declare the same null and void as of the day possession is taken by public authority, or, subject to Landlord’s right of termination as set forth in Section 18.02(b) of this Article, to continue in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing within ten (10) days after such taking of Tenant’s intention. In the event Tenant elects to remain in possession, all of the terms herein provided shall continue in effect, except that, as of the day possession of such percentage of the Leased Premises is taken by public authority, the minimum rent and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) shall be reduced in proportion to the floor area of the Leased Premises taken and the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all necessary repairs or alterations to the basic building, so as to constitute the remaining Leased Premises a complete architectural unit, and Tenant, at Tenant’s sole cost, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipment.

Partial Condemnation. (a) (i) If less than the whole but more than twentyten twenty percent (20%)(1020%) of the Leased Premises is appropriated or more condemned by eminent domain, or if such portion of the Land or Building is appropriated or condemned which materially affects the ability of Lessee physically to operate its business and Lessor is unable to remodel in such a way as to restore the Premises, then Lessor and Lessee both shall have the right to terminate this Lease upon notice to the other party within thirty (30) days after being notified of the appropriation or condemnation. This Lease shall be deemed terminated as of the date title or possession shall be transferred to the condemning authority, whichever shall first occur. If less than fifty twenty percent (5020%) of the Common Areas shall be so taken under eminent domainPremises is appropriated or condemned or if such portion of the Land or Building is appropriated or condemned which does not affect Lessee's ability to operate its business, or sold to public authority under threat or in lieu of such a taking, Tenant shall have the right either if neither party elects to terminate the Lease as provided herein, then Lessor promptly shall restore the Premises to a condition comparable to its condition at the time of the appropriation or condemnation, less the portion lost in the appropriation or condemnation, and this Lease and declare the same null and void as of the day possession is taken by public authority, or, subject to Landlord’s right of termination as set forth in Section 18.02(b) of this Article, to continue in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing within ten (10) days after such taking of Tenant’s intention. In the event Tenant elects to remain in possession, all of the terms herein provided shall continue in full force and effect; provided, except thathowever, the Base Rent and Lessee's Share of Expenses due hereunder shall xxxxx, as of the day date title or possession shall be transferred to the condemning authority, whichever shall first occur, to an amount equal to the base rent otherwise payable multiplied by a fraction, the numerator of such percentage which is the square footage of space remaining in the Premises and the denominator of which is the square footage of space originally part of the Leased Premises is taken by public authority, the minimum rent and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) shall be reduced in proportion to the floor area of the Leased Premises taken and the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all necessary repairs or alterations to the basic building, so as to constitute the remaining Leased Premises a complete architectural unit, and Tenant, at Tenant’s sole cost, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipment.

Partial Condemnation. (a) (i) If less than the whole but more than twentyten percent (20%)(10%) only a portion of the Leased Premises or more than fifty percent (50%) of the Common Areas shall be so taken under eminent domainappropriated, but the remainder of the Leased Premises is not suitable for the use then being made thereof or sold to public authority under threat the appropriation would prevent or in lieu materially interfere with the use of such a takingthe Leased Premises for the purpose for which they are then being used or prevent or materially interfere with Tenant's business operations at the Leased Premises, either Landlord or Tenant shall have the right either to terminate this Lease and declare the same null and void as of the day date of appropriation by giving written notice to the other and this Lease shall terminate and the Rental payable under this Lease shall be abated for the unexpired portion of this Lease effective on the date physical possession is taken by public the condemning authority or title vests in the condemning authority, or, subject whichever occurs first. If neither Landlord nor Tenant elects to Landlord’s right so terminate this Lease or if only a portion of termination as set forth in Section 18.02(b) of this Article, the Leased Premises shall be so appropriated but not to continue in the possession of extent that the remainder of the Leased PremisesPremises is unsuitable for the use then being made thereof, upon notifying Landlord in writing within ten (10) days after such taking of Tenant’s intention. In the event Tenant elects to remain in possession, all of the terms herein provided this Lease shall continue in effectbut the Rental payable hereunder during the unexpired portion of this Lease will be reduced, except thatpro rata, as of the day possession of such percentage of the Leased Premises is taken by public authority, the minimum rent and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) shall be reduced in proportion to the floor area portion of the Leased Premises taken and by the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereaftercondemning authority. If such appropriation occurs during the last year of the Primary Term or any Extension, either Landlord shall, at its own cost and expense, make all necessary repairs or alterations Tenant may terminate this Lease by delivering written notice of termination to the basic building, so as to constitute the remaining Leased Premises a complete architectural unit, and Tenant, at Tenant’s sole cost, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipmentother.

Partial Condemnation. (a) (i) If If, during the term of this Lease, less than the whole but entire Leased Premises shall be taken in any such proceeding and if the Leased Premises is not thereby rendered unsuitable for the purposes leased, then, and in that event, this Lease shall, upon vesting of title in the proceeding, terminate solely as to the part so taken, and Lessor shall be entitled to the total award made in any such proceeding. If this Lease is not terminated as a result of complete or substantial condemnation as hereinabove set forth, this Lease shall continue for the balance of its term as to the part of the Leased Premises remaining without any reduction or abatement of or effect upon the term hereof or the liability of the Lessee to pay in full the rent herein provided to be paid; however, the rental shall be calculated at the rate of SEVENTEEN DOLLARS AND 50/100 ($17.50) per square foot during the first five (5) years of the term of this Lease and EIGHTEEN DOLLARS AND 50/100 ($18.50) per square foot during the second five (5) years of the term of this Lease based upon the actual square footage of the Leased Premises remaining which is suitable for the purposes leased. In addition, in the event more than twentyten twenty percent (20%)(1020%) of the parking area servicing the Leased Premises or more than fifty percent (50%) and devoted exclusively to Lessee shall be taken as a result of the Common Areas exercise of the power of eminent domain and if the Lessor shall be so taken under eminent domainnot within a reasonable period of time furnish equivalent parking space, or sold to public authority under threat or in lieu of such a taking, Tenant Lessee shall have the right either and option to terminate this Lease and declare the same null and void as of the day possession is taken Lease. If Lessee elects to 47 48 terminate this Lease, such termination shall be effected by public authority, or, subject to Landlord’s right of termination as set forth in Section 18.02(b) of this Article, to continue in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing within ten notice from Lessee specifying a date not more than seventy-five (1075) days after such taking of Tenant’s intention. In the event Tenant elects to remain in possession, all of the terms herein provided shall continue in effect, except that, as of the day possession date of such percentage notice as the date of the Leased Premises is taken by public authority, the minimum rent and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) shall be reduced in proportion to the floor area of the Leased Premises taken and the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all necessary repairs or alterations to the basic building, so as to constitute the remaining Leased Premises a complete architectural unit, and Tenant, at Tenant’s sole cost, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipmenttermination. ARTICLE 13.

Partial Condemnation. (a) (i) If less than the whole but more than twentyten percent (20%)(10%) any part of the Leased Premises shall be acquired or more than fifty percent (50%) condemned by eminent domain for any public or quasi-public use or purpose, and in the event that such partial taking or condemnation shall render the Leased Premises unsuitable for the business of Tenant, then the term of this Lease shall cease and terminate as of the Common Areas shall date on which possession of the Demised Premises is required to be so taken under eminent domain, or sold surrendered to public the condemning authority under threat or in lieu of such a taking, and Tenant shall have no claim against Landlord nor the right either to terminate this Lease and declare condemning authority for the same null and void as value of the day possession is taken by public authority, or, subject to Landlord’s right of termination as set forth in Section 18.02(b) any unexpired term of this Article, to continue in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing within ten (10) days after such taking of Tenant’s intentionLease. In the event Tenant elects of a partial taking or condemnation which is not extensive enough to remain render the premises unsuitable for the business of Tenant, then Landlord shall promptly restore the Leased Premises to the extent of condemnation proceeds available for such purpose to a condition comparable to their condition at the time of such condemnation less the portion lost in possessionthe taking, all of the terms herein provided this Lease shall continue in effect, except that, as full force and effect and the Fixed Minimum Rent and all additional rent shall abate proportionately. For purposes of determining the day possession amount of such percentage funxx xxailable for restoration of the Leased Premises from the condemnation award said amount will be deemed to be that part of the award which remains after payment of Landlord's reasonable expenses incurred in recovering same and of any amounts due to any mortgagee of Landlord, and which represents a portion of the total sum so available (excluding any award or other compensation for land) which is taken by public authority, the minimum rent and other charges payable by Tenant equitably allocable to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) shall be reduced in proportion to the floor area of the Leased Premises taken and the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all necessary repairs or alterations to the basic building, so as to constitute the remaining Leased Premises a complete architectural unit, and Tenant, at Tenant’s sole cost, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipment.

Partial Condemnation. (a) (i) If during the Term, less than the whole but more than twentyten percent (20%)(10%) entirety of the Leased Premises or more than fifty percent (50%) that does not unreasonably alter the Permitted Uses shall be taken in any such Proceedings, then this Lease shall, upon vesting of title in the Proceedings, terminate as to the portion of the Common Areas Leased Premises so taken. If the portion of the Leased Premises taken shall be so taken under eminent domainsubstantially and materially interfere with or inhibit the Permitted Uses, or sold Lessee may, at its option, terminate this Lease as to public authority under threat or in lieu the remainder of such a taking, Tenant the Leased Premises. Lessee shall not have the right either to terminate this Lease and declare pursuant to the preceding sentence, however, if that portion of the Leased Premises not taken can reasonably be utilized by Lessee with substantially the same null utility and void efficiency as prior to the taking. Such termination as to the remainder of the day possession Leased Premises shall be effected by Lessee's written notice to Authority, given not more than sixty (60) days after the date of vesting of title in such Proceedings, and shall specify a date not more than sixty (60) days after the giving of such notice as the date for such termination. Upon the date specified in such notice, the Term and all right, title and interest of Lessee hereunder, shall cease and terminate. Notwithstanding the foregoing, any obligations of Authority or Lessee hereunder that arose or accrued prior to the date of the foregoing termination shall survive and remain in full force and effect subsequent to such date of termination. If this Lease is taken by public authorityterminated as provided in this Section 11.02, or, subject to Landlord’s right of termination Authority shall receive the award as set forth is provided in Section 18.02(b) of 11.01. In the event that Lessee elects not to terminate this Article, Lease as to continue in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing within ten (10) days after such taking the rights and obligations of Tenant’s intention. In the event Tenant elects to remain in possession, all of the terms herein provided shall continue in effect, except that, as of the day possession of such percentage of the Leased Premises is taken by public authority, the minimum rent Authority and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) Lessee shall be reduced in proportion to governed by the floor area provisions of the Leased Premises taken and the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all necessary repairs or alterations to the basic building, so as to constitute the remaining Leased Premises a complete architectural unit, and Tenant, at Tenant’s sole cost, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipmentSection 11.03.

Partial Condemnation. (a) (i) If at any time during the Demised Term of this Lease, title to less than the whole but more than twentyten percent (20%)(10%) or materially all of the Leased Premises shall be taken as aforesaid, and a result of such taking, demolition, repair or more than fifty percent (50%) restoration of the Common Areas building is required, the award or proceeds shall be so taken under eminent domainpaid over to Landlord and applied toward the cost of demolition, or sold to public authority under threat or in lieu of such a taking, Tenant shall have the right either to terminate this Lease repair and declare the same null and void as of the day possession is taken by public authority, or, subject to Landlord’s right of termination as set forth in Section 18.02(b) of this Article, to continue in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing within ten (10) days after such taking of Tenant’s intention. In the event Tenant elects to remain in possessionrestoration, all of which shall be completed promptly. Any balance remaining in the terms herein provided shall continue in effect, except that, as hands of the day possession Landlord after payment of such percentage costs of demolition, repair and restoration as aforementioned shall be the Leased Premises is taken by public authority, sole property of Landlord. From and after the minimum rent and other charges date of such partial condemnation (i) the Lease Year Base Rent payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) hereunder shall be reduced in proportion to the ratio which the diminution, if any in the total floor area of the Leased building or buildings constituting the Premises taken and the Minimum Gross Sales above which percentage rent is computed and payable as restored or rebuilt following such condemnation, shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all necessary repairs or alterations bear to the basic buildingtotal floor area of the building or buildings erected on the Premises at the time of such condemnation, so as to constitute or (ii) if Tenant reasonably determines that the remaining Leased Premises a complete architectural unit, and Tenant, at leasable area is unsuitable for Tenant’s sole costbusiness purposes, shall similarly act with respect Tenant may, upon at least thirty (30) days prior written notice, terminate this Lease; such notice to contain the basis for Tenant’s improvementsdetermination that the Premises are no longer suitable for Tenant’s purposes. If Tenant terminates the Lease as aforesaid, trade fixtures, furnishings Tenant shall pay rent until such date of termination and equipmentthereafter neither party shall have further rights or obligations hereunder.

Partial Condemnation. (aA) (i) If less than In the whole but more than twentyten percent (20%)(10%) event that only a portion of the Leased Premises and/or the Air Park is taken or more than fifty percent (50%) condemned by any condemning authority, Landlord shall immediately send written notice thereof to Tenant. If said portion of the Common Areas shall be Premises and/or the Air Park so taken under eminent domainor condemned constitutes a “substantial portion of the Premises” as defined in Section 15.02 (C) below, or sold to public authority under threat or in lieu of such a taking, then Tenant shall have the right either to elect, by written notice to Landlord within 20 days after receipt from Landlord of the aforesaid notice of condemnation, either: (i) to terminate this Lease and declare the same null and void Agreement as of the day date of the taking of possession is by the condemning authority, in which event the Base Rent and all other charges shall be apportioned and paid to the date of the taking, or (ii) to terminate this Lease Agreement only with respect to the portion of the Premises taken by public authority, or, subject to Landlord’s right of termination as set forth in Section 18.02(b) of this Article, such condemning authority and otherwise to continue this Lease Agreement in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing within ten (10) days after such taking of Tenant’s intentionfull force and effect. In the event Tenant elects to remain in possession, all that any such taking or condemnation involves less than a “substantial portion of the terms herein provided shall continue in effectPremises”, except that, as or if it does involve a “substantial portion of the day possession of such percentage of Premises” but Tenant makes the Leased Premises is taken by public authorityelection set forth in clause 15.02(A)(ii) above, then Base Rent will be reduced to reflect the minimum rent and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot reduced area of the Leased Premises) Premises and will be determined by multiplying the annual Base Rent then in effect by a fraction, the numerator of which shall be reduced the number of square feet contained in proportion to the floor area of Project after the Leased Premises taken taking and the Minimum Gross Sales above denominator of which percentage rent is computed shall be 100,000 and payable shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all necessary repairs or alterations to such reduced Base Rent will become effective upon the basic building, so as to constitute the remaining Leased Premises a complete architectural unit, and Tenant, at Tenant’s sole cost, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipmentdate of such taking.

Partial Condemnation. (a) Lessee shall provide to Lessor promptly after receipt notice of any eminent domain or condemnation action asserted or threatened by any Governmental Authority and affecting all or any part of the Premises. Lessor and Lessee shall cooperate in good faith with respect to any such eminent domain or condemnation action. If any material part of the Premises (i) If but less than the whole but more than twentyten percent (20%)(10%) of the Leased Premises) is acquired or condemned, and if in Lessee’s reasonable opinion such partial taking or condemnation renders the Premises or more than fifty percent (50%) unsuitable for the business of Lessee, then Lessee shall notify Lessor of the Common Areas same. Following receipt of such notice, Lessor and Lessee shall cooperate in good faith to determine whether there is another part of the Salt Lake Refinery Site that can be so taken under eminent domainused by Lessee to conduct its business with the Facilities. If Lessor and Lessee reach an agreement regarding any such replacement location, or sold then the Parties shall execute an amendment to public authority under threat or this Lease which substitutes such new location in lieu of the Premises. If within 60 days following Lessor’s receipt of such notice the Parties have not reached an agreement regarding a takinglocation to substitute for the Premises, Tenant shall have the right either to then Lessee may terminate this Lease and declare the same null and void as of the day possession is taken by public authority, or, subject giving written notice to Landlord’s right of termination as set forth in Section 18.02(b) of this Article, to continue in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing within ten (10) days after such taking of Tenant’s intentionLessor. In the event Tenant elects to remain in possession, all of the terms herein provided shall continue in effect, except that, as of the day possession of such percentage of the Leased Premises is taken by public authority, the minimum rent All rentals and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) owing hereunder shall be reduced in proportion to the floor area prorated as of the Leased Premises taken and the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all necessary repairs or alterations to the basic building, so as to constitute the remaining Leased Premises a complete architectural unit, and Tenant, at Tenant’s sole cost, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipmentsuch termination date.

Partial Condemnation. (a) (i) If at any time during the Demised Term of this Lease, title to less than the whole but more than twentyten percent (20%)(10%) or materially all of the Leased Premises shall be taken as aforesaid, and a result of such taking, demolition, repair or more than fifty percent (50%) restoration of the Common Areas building is required, the award or proceeds shall be so taken under eminent domainpaid over to Landlord and applied toward the cost of demolition, or sold to public authority under threat or in lieu of such a taking, Tenant shall have the right either to terminate this Lease repair and declare the same null and void as of the day possession is taken by public authority, or, subject to Landlord’s right of termination as set forth in Section 18.02(b) of this Article, to continue in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing within ten (10) days after such taking of Tenant’s intention. In the event Tenant elects to remain in possessionrestoration, all of which shall be completed promptly. Any balance remaining in the terms herein provided shall continue in effect, except that, as hands of the day possession Landlord after payment of such percentage costs of demolition, repair and restoration as aforementioned shall be the Leased Premises is taken by public authority, sole property of Landlord. From and after the minimum rent and other charges date of such partial condemnation (i) the Lease Year Base Rent payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) hereunder shall be reduced in proportion to the ratio which the diminution, if any in the total floor area of the building or buildings constituting the Leased Premises taken and the Minimum Gross Sales above which percentage rent is computed and payable as restored or rebuilt following such condemnation, shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all necessary repairs or alterations bear to the basic buildingtotal floor area of the building or buildings erected on the Premises at the time of such condemnation, so as to constitute or (ii) if Tenant reasonably determines that the remaining leasable area is unsuitable for Tenant's business purposes, Tenant may, upon at least thirty (30) days prior written notice, terminate this Lease; such notice to contain the basis for Tenant's determination that the Leased Premises a complete architectural unitare no longer suitable for Tenant's purposes. If Tenant terminates the Lease as aforesaid, Tenant shall pay rent until such date of termination and Tenant, at Tenant’s sole cost, thereafter neither party shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipmenthave further rights or obligations hereunder.

Partial Condemnation. (a) (i) If less than only a part of the whole but Premises, the Building or the Land is taken by or deeded to any public or quasi public authority under the power or threat of eminent domain, then, except as otherwise provided in this Section 15.2, this Lease shall continue in full force and effect. From and after the date the condemning authority takes possession of any portion of the Premises, the Monthly Basic Rent shall be reduced in the proportion which the portion of the Premises so taken bears to the total area of the Premises immediately prior to such condemnation. If more than twentyten twenty percent (20%)(1020%) of the Leased Premises Premises, the Building or more than fifty percent (50%) of the Common Areas Land shall be so taken or deeded under the power or threat of eminent domain, or sold to public authority under threat or in lieu of such a taking, Tenant Landlord shall have the right either to terminate this Lease and declare the same null and void as of the day possession is taken by public authority, or, subject upon written notice to Landlord’s right of termination as set forth in Section 18.02(b) of this Article, to continue in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing Tenant within ten (10) days after such taking taking. If, by reason of such condemnation the Premises are rendered untenantable to the extent that Tenant shall no longer be able to reasonably conduct its business therefrom, in Tenant’s intention's reasonable judgment, Tenant shall have the right to terminate this Lease by written notice to Landlord within ten (10) days after such taking. In If neither party exercises said right of termination, then (a) the event Tenant elects Lease Term shall terminate only as to remain in possessionthe part so taken, all of the terms herein provided (b) this Lease shall continue in effect, except that, as of that the day possession of such percentage of the Leased Premises is taken by public authority, the minimum rent and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) Monthly Basic Rent shall be reduced in proportion to the floor area amount of the Leased Premises taken taken, and the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereafter, (c) Landlord shall, at its own cost and expense, make all the necessary repairs or alterations to the basic building, Premises so as to constitute that the remaining Leased Premises is a complete architectural unit. During the Lease Term (or any holding over) a transfer of title by Landlord to any public or quasi public body, and Tenantagency, at Tenant’s sole costor person, corporate or otherwise having the power of eminent domain either under threat of condemnation or while condemnation proceedings are pending, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipmentbe deemed a condemnation.

Partial Condemnation. (a) (i) If during the Term, less than the whole but more than twentyten percent (20%)(10%) entirety of the Leased Premises or more than fifty percent (50%) that does not unreasonably alter the Permitted Uses shall be taken in any such Proceedings, then this Lease shall, upon vesting of title in the Proceedings, terminate as to the portion of the Common Areas Leased Premises so taken. If the portion of the Leased Premises taken shall be so taken under eminent domainsubstantially and materially interfere with or inhibit the Permitted Uses, or sold Lessee may, at its option, terminate this Lease as to public authority under threat or in lieu the remainder of such a taking, Tenant the Leased Premises. Lessee shall not have the right either to terminate this Lease and declare pursuant to the preceding sentence, however, if that portion of the Leased Premises not taken can reasonably be utilized by Lessee with substantially the same null utility and void efficiency as prior to the taking. Such termination as to the remainder of the day possession Leased Premises shall be effected by Xxxxxx's written notice to Authority, given not more than sixty (60) days after the date of vesting of title in such Proceedings, and shall specify a date not more than sixty (60) days after the giving of such notice as the date for such termination. Upon the date specified in such notice, the Term and all right, title and interest of Xxxxxx hereunder, shall cease and terminate. Notwithstanding the foregoing, any obligations of Authority or Lessee hereunder that arose or accrued prior to the date of the foregoing termination shall survive and remain in full force and effect subsequent to such date of termination. If this Lease is taken by public authorityterminated as provided in this Section 11.02, or, subject to Landlord’s right of termination Authority shall receive the award as set forth is provided in Section 18.02(b) of 11.01. In the event that Lessee elects not to terminate this Article, Lease as to continue in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing within ten (10) days after such taking the rights and obligations of Tenant’s intention. In the event Tenant elects to remain in possession, all of the terms herein provided shall continue in effect, except that, as of the day possession of such percentage of the Leased Premises is taken by public authority, the minimum rent Authority and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) Lessee shall be reduced in proportion to governed by the floor area provisions of the Leased Premises taken and the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all necessary repairs or alterations to the basic building, so as to constitute the remaining Leased Premises a complete architectural unit, and Tenant, at Tenant’s sole cost, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipmentSection 11.03.

Partial Condemnation. (a) (i) If less than the whole but more than twentyten percent (20%)(10%) any portion of the Leased Premises shall be taken for a public or more than fifty percent (50%) quasi-public use or purpose under the power of eminent domain, or transferred under threat thereof, and such partial taking may reasonably be construed to render the remainder of the Common Areas Premises unsuitable for the business of Tenant, Tenant shall be entitled either to elect to cancel and terminate this lease as of the date actual physical possession of said portion shall be so taken under eminent domainby the condemning authority, or sold to public authority under threat or remain in lieu of such a taking, Tenant shall have the right either to terminate this Lease and declare the same null and void as of the day possession is taken by public authority, or, subject to Landlord’s right of termination as set forth in Section 18.02(b) of this Article, to continue in the possession of the remainder of the Leased PremisesPremises not so taken; provided, upon notifying however, that Tenant shall give Landlord in writing written notice of its election within ten (10) days after such taking the date of Tenant’s intentionLandlord's notification to Tenant of the pending partial condemnation, and failing to do so, Tenant shall be deemed to have elected to remain in possession. In the event Tenant elects shall elect or be deemed to have elected to remain in possession, all or if the portion of the terms Premises so taken shall not be so extensive as may reasonably be construed to render the remainder of the Premises unsuitable for the business of Tenant, then and in either such event, if any portion of the total award is made for a taking of any portion of the Premises, Landlord shall (but only out of and not exceeding such portion of the award received by Landlord for or on account of such taking) repair, reconstruct or restore the remainder of the Premises (including the building which is a part thereof) to its condition as it existed immediately prior to such taking (and tenant shall not be entitled to any damages by reason of any inconvenience or loss sustained by Tenant as a result thereof) and, except as otherwise herein provided provided, this Lease shall continue in all respects in full force and effect, except that, as of the day possession of such percentage of the Leased Premises is taken by public authority, the minimum rent and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) shall be reduced in proportion to the floor area of the Leased Premises taken and the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all necessary repairs or alterations to the basic building, so as to constitute the remaining Leased Premises a complete architectural unit, and Tenant, at Tenant’s sole cost, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipment.

Partial Condemnation. If only a part of the Premises shall be taken by any public authority under the power of eminent domain, then, except as otherwise provide in this Section 20.2, this Lease and the Term shall continue in full force and effect, but, from and after the date possession shall be taken by such public authority, the Minimum Annual Rent shall be reduced in the proportion which the Floor Area of the Premises so acquired bears to the total Floor Area of the Premises immediately prior to such condemnation. If a portion of (a) the Premises, (ib) If less than the whole but more than twentyten percent building in which the Premises are located, or (20%)(10%c) of the Leased Premises or more than fifty percent (50%) of the Common Areas shall be so taken under eminent domain, or sold to public authority under threat or in lieu of such a taking, Tenant Landlord shall have the right either to terminate this Lease and declare the same null and void as void, by written notice of such intention to Tenant with ten (10) days after such taking. If, by reason of such condemnation, more than twenty percent (20%) of the day possession Premises is taken by public authority, or, subject or Tenant no longer has a reasonable means of access to Landlord’s right of termination as set forth in Section 18.02(b) of this Article, to continue in the possession of the remainder of the Leased Premises, upon notifying Tenant shall have the right to terminate this Lease and declare the same null and void, by written notice of such termination to Landlord in writing within ten (10) days after such taking of Tenant’s intentiontaking. In the event neither party exercises said right of termination the Lease Term shall cease only on the part so taken as of the day possession shall be taken by such public authority and Tenant elects shall pay Rent up to remain that day, with an appropriate refund by Landlord of such Rent as may have been paid in possessionadvance for a period subsequent to the date of the taking, and thereafter all of the terms herein provided shall continue in effect, except that, as of that the day possession of such percentage of the Leased Premises is taken by public authority, the minimum rent and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) Minimum Annual Rent shall be reduced in proportion to the floor area amount of the Leased Premises taken and the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expense, make all the necessary repairs or alterations to the basic buildingbuilding as originally installed by Landlord, so as to constitute the remaining Leased Premises a complete architectural unit, and Tenant, at Tenant’s sole cost, shall similarly act with respect to Tenant’s improvements, trade fixtures, furnishings and equipment.

Partial Condemnation. (a) (i) If less than the whole but more than twentyten percent (20%)(10%) 25% of the Leased Premises or more than fifty percent (50%) of the Common Areas shall be so taken under eminent domainby condemnation, either Landlord or sold to public authority under threat or in lieu of such a taking, Tenant shall have the right either to terminate this Lease and declare the same null and void as and, upon exercise of the day possession is taken right by public authority, or, subject either party giving notice to Landlord’s right of termination as set forth in Section 18.02(b) of this Article, to continue in the possession of the remainder of the Leased Premises, upon notifying Landlord in writing other within ten thirty (1030) days after such taking of Tenant’s intentiontitle is vested in the condemning authority, then this Lease shall cease and terminate. In the event Tenant elects to remain in possession, all of a taking of 25% or less of the terms herein provided Premises or the partial taking of more than 25% of the Premises without either party exercising its right to terminate this Lease, then this Lease shall continue in effect, effect except that, as of that the day possession of such percentage of the Leased Premises is taken by public authority, the minimum rent and other charges payable by Tenant to Landlord (to the extent that such charges are based upon the square foot area of the Leased Premises) Minimum Rent shall be reduced in the same proportion that the gross square footage of the Premises (including basement, if any) taken bears to the floor area original gross square footage of the Leased Premises taken Premises, and the Minimum Gross Sales above which percentage rent is computed and payable shall likewise be proportionately reduced; thereafter, Landlord shall, at its own cost and expenseupon receipt of the award in condemnation, make all necessary repairs or alterations to the basic building, building in which Premises are located so as to constitute make the remaining Leased Premises 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 expend 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 paid to Landlord free and Tenant, at Tenant’s sole cost, shall similarly act with respect clear of any rights of mortgage lenders to Tenant’s improvements, trade fixtures, furnishings and equipmentcollect or retain the proceeds.