Common use of Partial or Temporary Taking of Building Clause in Contracts

Partial or Temporary Taking of Building. (a) If during the Term, the Building, or any portion thereof, is taken or sold as set out in Section 13.1, then (1) if substantial alteration or reconstruction of the Building is necessary as a result thereof; (2) if one-quarter or more of the value of the Building is included in such taking or sale; or (3) if such portion of the Common Areas shall be taken as to materially interfere or prevent access to the Building or reduce the value of the Land and the Building by more than one-quarter; then, either Tenant or Landlord shall have the right to terminate this Lease by giving to the other at least 30 days’ written notice thereof. (b) If during the Term the Building or the Common Areas, or any portion thereof, shall be taken as set out in Section 13.1 for a period of less than one (1) year, this Lease shall remain in full force and effect subject to Section 13.4 hereof. If such a taking shall be for a period of one (1) year or more, then the provisions of Section 13.1 and Section 13.2(a), as the case may be, shall be applicable. (c) If either party exercises its rights of termination under Section 13.1 or 13.2 (and any such right must be exercised within 30 days after the Date of Taking, failing which such right shall be deemed waived), this Lease shall terminate on the date stated in the notice, provided, however, that no termination pursuant to notice hereunder may occur later than 60 days after the Date of Taking.

Appears in 2 contracts

Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

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Partial or Temporary Taking of Building. (a) If during the Term, the Building, or any portion thereof, is taken or sold as set out in Section 13.1, then (1) if in the reasonable opinion of Landlord substantial alteration or reconstruction of the Building is necessary as a result thereof; (2) if one-one quarter or more of the value value, in Landlord’s sole judgment, of the Building is included in such taking or sale; or (3) if such portion of the Common Areas parking area and access areas shall be taken as as, in Landlord’s sole judgment, to materially interfere or prevent access to the Building or reduce the value of the Land and the Building by more than one-one quarter; then, either Tenant or Landlord party shall have the right to terminate this Lease by giving to the other party at least 30 days’ written notice thereof. (b) If during the Term the Building or the Common Areasparking area and access areas, or any portion thereof, shall be taken as set out in Section 13.1 for a period of less than one (1) year, this Lease shall remain in full force and effect subject to Section 13.4 hereof. If such a taking shall be for a period of one (1) year or more, then the provisions of Section 13.1 and Section 13.2(a), as the case may be, shall be applicable. (c) If either party exercises its rights of termination under Section 13.1 or 13.2 (and any such right must be exercised within 30 days after the Date of Taking, failing which such right shall be deemed waived), this Lease shall terminate on the date stated in the notice, provided, however, that no termination pursuant to notice hereunder may occur later than 60 days after the Date of Taking.

Appears in 1 contract

Samples: Lease Agreement (United Natural Foods Inc)

Partial or Temporary Taking of Building. (a) If during the Term, the Building, or any portion thereof, is taken or sold as set out in Section 13.1, then (1) if in the reasonable opinion of Landlord substantial alteration or reconstruction of the Building is necessary as a result thereof, whether or not the Demised Premises are or may be affected; (2) if one-quarter or more of the value value, in Landlord’s sole judgment, of the Building is included in such taking or sale; or (3) if such portion of the Common Areas shall be taken as as, in Landlord’s sole judgment, to materially interfere or prevent access to the Building or reduce the value of the Land and the Building by more than one-quarter; then, either Tenant or Landlord shall have the right to terminate this Lease by giving to the other Tenant at least 30 days’ written notice thereofthereof (provided, however, that Landlord shall not have the right to so terminate this Lease on account of such circumstance unless Landlord also terminates leases for all other similarly situated office tenants at the Building). (b) If during the Term the Building or the Common Areas, or any portion thereof, shall be taken as set out in Section 13.1 for a period of less than one (1) year, this Lease shall remain in full force and effect subject to Section 13.4 hereof. If such a taking shall be for a period of one (1) year or more, then the provisions of Section 13.1 and Section 13.2(a), as the case may be, shall be applicable. (c) If either party exercises its rights of termination under Section 13.1 or 13.2 (and any such right must be exercised within 30 days after the Date of Taking, failing which such right shall be deemed waived), this Lease shall terminate on the date stated in the notice, provided, however, that no termination pursuant to notice hereunder may occur later than 60 days after the Date of Taking.

Appears in 1 contract

Samples: Lease Agreement (SXC Health Solutions Corp.)

Partial or Temporary Taking of Building. (a) If during the Term, the Building, or any portion thereof, is taken or sold as set out in Section 13.1, then (1l) if in the reasonable opinion of Landlord substantial alteration or reconstruction of the Building is necessary as a result thereof, whether or not the Demised Premises are or may be affected; (2) if one-quarter or more of the value value, in Landlord's sole judgment, of the Building is included in such taking or sale; or (3) if such portion of the Common Areas shall be taken as as, in Landlord's sole judgment, to materially interfere or prevent access to the Building or reduce the value of the Land and the Building by more than one-quarter; , then, either Landlord or Tenant or Landlord shall have the right to terminate this Lease by giving to the other party at least 30 days' prior written notice thereof. (b) If during the Term the Building or the Common Areas, or any portion thereof, thereof shall be taken as set out in Section 13.1 for a period of less than one (1) year, this Lease shall remain in full force and effect subject to Section 13.4 hereof. If such a taking shall be for a period of one (1l) year or more, then the provisions of Section 13.1 and Section 13.2(a), as the case may be, shall be applicable. (c) If either party exercises its rights of termination under Section 13.1 or 13.2 (and any such right must be exercised within 30 days after the Date of Taking, failing which such right shall be deemed waived), this Lease shall terminate on the date stated in the notice, provided, however, that no termination pursuant to notice hereunder may occur later than 60 days after the Date of Taking.

Appears in 1 contract

Samples: Lease Agreement (Heelys, Inc.)

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Partial or Temporary Taking of Building. (a) If during the Term, the Building, or any portion thereof, is taken or sold as set out in Section 13.112.1, then (1) if in the reasonable good faith opinion of Landlord substantial alteration or reconstruction of the Building is necessary as a result thereof; , or (2) if one-quarter or more of the value value, in Landlord's reasonable good faith judgment, of the Building is included in such taking or sale; or (3) if such portion of the Common Areas shall be taken as to materially interfere or prevent access to the Building or reduce the value of the Land and the Building by more than one-quarter; , then, either Tenant or Landlord shall have the right to terminate this Lease by giving to the other Tenant at least 30 days' written notice thereof. (b) If during the Term the Building or the Common AreasBuilding, or any portion thereof, shall be taken as set out in Section 13.1 12.1 for a period of less than one (1) year, this Lease shall remain in full force and effect subject to Section 13.4 12.4 hereof. If such a taking shall be for a period of one (1) year or more, then the provisions of Section 13.1 12.1 and Section 13.2(a12.2(a), as the case may be, shall be applicable. (c) If either party exercises its rights of termination under Section 13.1 12.1 or 13.2 12.2 (and any such right must be exercised within 30 days after the Date of Taking, failing which such right shall be deemed waived), this Lease shall terminate on the date stated in the notice, provided, however, that no termination pursuant to notice hereunder may occur later than 60 days after the Date of Taking.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

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