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.
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Samples: Lease Agreement (Talend SA), Lease Agreement (Talend SA)
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.
Appears in 2 contracts
Samples: Brooks Automation Inc, Brooks Automation Inc
Partial Condemnation. If any portion of the Premises or Building is condemned Condemned, and such partial condemnation materially impairs Tenant’s ability to use readers the Premises unusable for the business of 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 or if the partial condemnation occurs within the last two (2) years a substantial portion of the TermBuilding is Condemned, Tenant may reject any such relocation and instead terminate as reasonably determined by Landlord, then 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 shall be adjusted to as of the date of termination. If such partial condemnation does is not materially impair Tenant’s ability sufficiently extensive to use render the Premises unusable for the business of Tenant, as reasonably determined by, then Landlord shall promptly restore the Premises to the extent of any a condition comparable to its condition immediately prior to such condemnation proceeds recovered by Landlord, excluding less the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect effect, except that after the date of such title vesting or order of immediate possession the Base Rent shall be adjusted proportionately reduced as reasonably determined by Landlord. Notwithstanding the foregoing, in restoring the Premises to their original condition, Landlord shall not be required to expend an amount greater than the product of (i) Tenant’s Building Percentage Share and (ii) the total amount of any condemnation proceeds for the Building received by Landlord. If any parking areas are Condemned, Landlord has the option, but not the obligation, to supply Tenant with other parking areas.
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Samples: Menlo Oaks Corporate Center Lease (E Trade Group 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 shall render the leased premises substantially unsuitable for the business of Tenant in the reasonable opinion of Landlord or 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 (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 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 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 un-expired term of this Lease and Rent rent shall be adjusted to the date of such termination, except as set forth in subsection 15.4 below. 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 leased premises unsuitable for the business of TenantTenant in the reasonable opinion of 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 abate during restoration as to the portion of immediate possession Rent shall be adjusted as reasonably determined by Landlordthe leased premises rexxxxxd un-tenantable.
Appears in 1 contract
Samples: Lease (Atmi Inc)
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, 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, Txxxxx’s Share of immediate possession Rent Tax Expenses, Tenant’s share of Insurance Expenses, and Txxxxx’s Share of Operating Expenses shall be adjusted as reasonably determined by Landlord.
Appears in 1 contract
Samples: Industrial Space Lease (Dragonfly Energy Holdings Corp.)
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.
Appears in 1 contract
Partial Condemnation. If any portion of the Premises or the Building or the Project 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 Landlordthe parties, 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 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 and the Project to the extent of any condemnation con-demnation 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 and Xxxxxx's Share shall be adjusted as reasonably determined deter-mined by LandlordLandlord and Tenant. However if the Premises or the Building or the Project are partially condemned to such an extent that Tenant cannot reasonably conduct its business in a substantial way, Tenant may terminate this Agreement.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Lease (Hansen Medical 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 (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.
Appears in 1 contract
Samples: Lease Agreement (Model N Inc)