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 (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided that if the partial condemnation occurs within the last two (2) years of the Term, Tenant may reject any such relocation and instead terminate this Lease by written notice to Landlord; 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.

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 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 (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided that if the partial condemnation occurs within the last two (2) years of the Term, Tenant may reject any such relocation and instead terminate this Lease by written notice to Landlord; 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. In the event of relocation, Landlord shall pay the cost of constructing tenant improvements in the new premises that are substantially equivalent to the improvements made pursuant to the Work Letter, provided that Landlord receive from the condemning authority proceeds sufficient to construct such improvements. 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.

Partial Condemnation. If any only a portion of the Leased Premises shall be so appropriated, but the remainder of the Leased Premises is not suitable for the use then being made thereof or Building is condemned and such partial condemnation the appropriation would prevent or materially impairs Tenant’s ability to interfere with the use of the Leased Premises for the purpose for which they are then being used or prevent or materially interfere with Tenant’s 's business as reasonably determined by Landlordoperations at the Leased Premises, either Landlord or Tenant shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant right to comparable space (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided that if the partial condemnation occurs within the last two (2) years of the Term, Tenant may reject any such relocation and instead terminate this Lease by written notice to Landlord; or (ii) terminate this Lease as of the earlier 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 the condemning authority or title vests in the condemning authority authority, whichever occurs first. If neither Landlord nor Tenant elects to so terminate this Lease or as if only a portion of the date an order of immediate possession is issued and Rent Leased Premises shall be adjusted to the date of termination. If such partial condemnation does so appropriated but not materially impair Tenant’s ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent that the remainder of any condemnation proceeds recovered by Landlordthe Leased Premises is unsuitable for the use then being made thereof, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after but the date Rental payable hereunder during the unexpired portion of this Lease will be reduced, pro rata, based upon the portion of the Leased Premises taken by the condemning authority. If such title vesting appropriation occurs during the last year of the Primary Term or order any Extension, either Landlord or Tenant may terminate this Lease by delivering written notice of immediate possession Rent shall be adjusted as reasonably determined by Landlordtermination to the other.

Partial Condemnation. If any portion of the Premises or Building is condemned Condemned, and such partial condemnation materially impairs Tenant’s ability to use renders the Premises unusable for Tenant’s business business, or if a substantial portion of the Building is Condemned, 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 (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided that if the partial condemnation occurs within the last two (2) years of the Term, Tenant may reject any such relocation and instead terminate this Lease by written notice to Landlord; or (ii) shall 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 title vesting in such proceeding and Rent rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s ability to use render the Premises unusable for the business of TenantTenant or less than a substantial portion of the Building is Condemned, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by LandlordXxxxxxxx, excluding less 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 the Base Rent, Xxxxxx’s Share of immediate possession Rent Warehouse Tax Expenses, Tenant’s Share of Warehouse Insurance Expenses, and Xxxxxx’s Share of Warehouse Operating Expenses shall be adjusted as reasonably determined by Landlord. Tenant hereby waives the provisions of California Code of Civil Procedure Section 1265.130 permitting a court of law to terminate this Lease.

Partial Condemnation. If any portion of the Premises or Building is condemned Condemned, and such partial condemnation materially impairs Tenant’s ability to use renders the Premises unusable for Tenant’s business '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 (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided that or if the partial condemnation occurs within the last two (2) years a substantial portion of the TermBuilding is Condemned as reasonably determined by Landlord, Tenant may reject any such relocation and instead terminate this Lease by written notice to Landlord; or (ii) shall 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 title vesting in such proceeding and Rent rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s ability to use render the Premises unusable for the business of TenantTenant or less than a substantial portion of the Building is Condemned, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding less 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 the Base Rent, Tenant's Share of immediate possession Rent Tax Expenses, Tenant's share of Insurance Expenses, and Tenant's Share of Operating Expenses shall be adjusted as reasonably determined by Landlord. Tenant hereby waives the provisions of California Code of Civil Procedure Section 1265.130 permitting a court of law to terminate this Lease.

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 's sole and absolute discretion of either (i) relocating Tenant to comparable space (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided that if the partial condemnation occurs within the last two (2) years of the Term, Project which is reasonably acceptable to Tenant may reject any such relocation and instead terminate this Lease by written notice to Landlord; 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.

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 portion material part of the Premises (but less than the whole of the Premises) is acquired or Building is condemned condemned, and if in Lessee’s reasonable opinion such partial taking or condemnation materially impairs Tenant’s ability to use renders the Premises unsuitable for Tenant’s the business as reasonably determined by Landlordof Lessee, Landlord then Lessee shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided that if the partial condemnation occurs within the last two (2) years notify Lessor of the Termsame. Following receipt of such notice, Tenant may reject Lessor and Lessee shall cooperate in good faith to determine whether there is another part of the Salt Lake Refinery Site that can be used by Lessee to conduct its business with the Facilities. If Lessor and Lessee reach an agreement regarding any such relocation and instead replacement location, then the Parties shall execute an amendment to 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 location to substitute for the Premises, then Lessee may terminate this Lease by giving written notice to Landlord; or (ii) terminate this Lease Lessor. All rentals and other charges owing hereunder shall be prorated 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 Landlordtermination date.

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 (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided that if the partial condemnation occurs within the last two (2) years of the Term, Tenant may reject any such relocation and instead terminate this Lease by written notice to Landlord; 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 Landlord relocates Tenant pursuant to this Section 20.2, that relocation shall be at Landlord’s sole cost and expense; provided that Tenant will pay to Landlord any relocation assistance or award Tenant receives from the condemning authority as and when received. 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.

Partial Condemnation. If In the event of a Partial Condemnation:‌ 10.7.1 this Lease and all of Tenant’s right, title and interest thereunder, and any and all Subleases, shall terminate on the Condemnation Date only with respect to the portion of the Premises or Building is condemned and so taken; provided, however, that such partial condemnation materially impairs termination shall not terminate any of Tenant’s ability obligations or liabilities under this Lease that are expressly stated herein to use survive the Premises for Tenant’s business as reasonably determined by Landlord, Landlord shall have the option in Landlord’s sole and absolute discretion termination of either (i) relocating Tenant to comparable space (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided that if the partial condemnation occurs within the last two (2) years of the Term, Tenant may reject any such relocation and instead terminate this Lease by written notice to Landlord; 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 ; 10.7.2 this Lease shall continue remain in full force and effect except that as to the portion of the Premises (or of Tenant’s leasehold estate) remaining immediately after such Partial Condemnation; 10.7.3 Tenant shall proceed promptly to Restore the date Premises pursuant to Section 10.9; and 10.7.4 the Base Rent due hereunder from Tenant to Landlord for the remainder of the Term shall be equitably reduced by Landlord from and after such Condemnation Date to the extent Tenant does not have full use of the Premises as a result of such title vesting or order Condemnation (which equitable reduction may, in Landlord’s election, be based proportionately upon the relative square footages of immediate possession Rent shall be adjusted as reasonably determined the Premises affected by Landlordsuch Partial Condemnation and the total square footage of the Premises prior to such Partial Condemnation).

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 Landlordbusiness, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided Building that if the partial condemnation occurs within the last two (2) years of the Termis reasonably acceptable to Tenant, Tenant may reject any such relocation and instead terminate this Lease by written notice to Landlord; or (ii) terminate if comparable space is not available, or is not reasonably acceptable to Tenant, 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.

Partial Condemnation. If any portion part of the Leased Premises shall be acquired or Building is condemned as aforesaid or sold in anticipation thereof, and in the event that such partial sale, taking or condemnation materially impairs Tenant’s ability to use shall render 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 (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided that if the partial condemnation occurs within the last two (2) years remainder of the TermLeased Premises unsuitable for the business of the Tenant, Tenant may reject any such relocation and instead terminate then the term of this Lease by written notice to Landlord; or (ii) shall cease and 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 title vesting in such proceeding or delivery of possession, whichever is issued sooner. 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, sale or condemnation which does not materially impair Tenant’s ability to use render the remainder of the Premises unsuitable for the business of the Tenant, then Landlord shall promptly restore the Leased 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 effect; provided, however, that (A) the date of such title vesting or order of immediate possession Rent fixed minimum rent shall be adjusted abated proportionately as reasonably determined to the Premises taken, (B) in making such restoration, Landlord shall not be obligated to expend any amount in excess of the amount of the condemnation improvement award received by Landlord, and (C) the term hereof shall be extended for a period equal to the period of restoration under all of the terms, covenants and conditions of this Lease, including without limitation Tenant's obligation to pay rent and additional rent. The proportionate abatement of rental shall be based upon square feet of leased area.

Partial Condemnation. If any portion of the Premises or Building is condemned Condemned, and such partial condemnation materially impairs Tenant’s ability to use renders the Premises unusable for Tenant’s business business, or if a substantial portion of the Building or the Expansion Space is Condemned, 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 (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project; provided that if the partial condemnation occurs within the last two (2) years of the Term, Tenant may reject any such relocation and instead terminate this Lease by written notice to Landlord; or (ii) shall 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 title vesting in such proceeding and Rent rent shall be adjusted to the date of termination. If such partial condemnation does not materially impair Tenant’s ability to use render the Premises unusable for the business of TenantTenant or less than a substantial portion of the Building or the Expansion Space is Condemned, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding less 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 vesting, the Base Rent, Tenant’s Share of immediate possession Rent Warehouse Tax Expenses, Tenant’s Share of Warehouse Insurance Expenses, and Tenant’s Share of Warehouse Operating Expenses shall be adjusted as reasonably determined by Landlord. Tenant hereby waives the provisions of California Code of Civil Procedure Section 1265.130 permitting a court of law to terminate this Lease.”