Common use of Partial Taking; Abatement of Rent Clause in Contracts

Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with the conduct of Tenant’s business, then, except as otherwise provided in the immediately following sentence, neither party shall have the right to terminate this Lease and Landlord shall thereafter proceed to make a functional unit of the remaining portion of the Premises (but only to the extent Landlord receives proceeds therefor from the condemning authority), and rent shall be abated with respect to the part of the Premises which Tenant shall be so deprived on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site shall be taken (whether or not such taking substantially interferes with Tenant’s use of the Premises), Landlord may terminate this Lease upon thirty (30) days’ prior written notice to Tenant.

Appears in 3 contracts

Samples: Office Lease (Lumena Pharmaceuticals, Inc.), Work Letter Agreement (Orexigen Therapeutics, Inc.), Work Letter Agreement (Hi/Fn Inc)

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Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with the conduct of Tenant’s business, then, except as otherwise provided in the immediately following sentence, neither party shall have the right to terminate this Lease and Landlord shall thereafter proceed to make a functional unit of the remaining portion of the Premises (but only to the extent Landlord receives proceeds therefor from the condemning authority), and rent Monthly Basic Rent shall be abated with respect to the part of the Premises which Tenant shall be so deprived on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site shall be taken (whether or not such taking substantially interferes with Tenant’s use of the Premises), Landlord may terminate this Lease upon thirty (30) days’ prior written notice to Tenant.

Appears in 2 contracts

Samples: Work Letter Agreement (Auspex Pharmaceuticals, Inc.), Work Letter Agreement (Axesstel Inc)

Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with Tenant's use and occupancy of the conduct Premises including any temporary taking of Tenant’s businessninety (90) days or less, then, except as otherwise provided in the immediately following sentence, neither party shall will have the right to terminate this Lease and Landlord shall will thereafter proceed to make a functional unit of the remaining portion of the Premises (but only to the extent Landlord receives proceeds therefor from the condemning authority), and rent shall will be abated with respect to the part of the Premises which Tenant shall be so is deprived of on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site shall be Project is taken (whether or not such taking substantially interferes with Tenant’s 's use of the Premises), Landlord may terminate this Lease upon thirty (30) days' prior written notice to TenantTenant if Landlord also terminates the leases of the other tenants of the Building which are leasing comparably sized space for comparable lease terms.

Appears in 1 contract

Samples: Industrial Lease (AcuNetx, Inc.)

Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with the conduct of Tenant’s business, then, except as otherwise provided in In the immediately following sentence, neither party shall have the right to terminate this Lease and Landlord shall thereafter proceed to make a functional unit of the remaining portion of the Premises (but only to the extent Landlord receives proceeds therefor from the condemning authority), and rent shall be abated with respect to the part of the Premises which Tenant shall be so deprived on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site Project shall be taken (whether or not such taking substantially interferes with Tenant’s use of the Premises), Landlord may terminate this Lease upon thirty (30) days’ prior written notice to TenantTenant as long as Landlord also terminates leases of all other tenants leasing comparably sized space within the Building for comparable lease terms.

Appears in 1 contract

Samples: BioMed Realty Trust Inc

Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with the conduct of TenantXxxxxx’s business, then, except as otherwise provided in the immediately following sentence, neither party shall have the right to terminate this Lease and Landlord shall thereafter proceed to make a functional unit of the remaining portion of the Premises (but only to the extent Landlord receives proceeds therefor from the condemning authority), and rent shall be abated with respect to the part of the Premises which Tenant shall be so deprived on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site Project shall be taken (whether or not such taking substantially interferes with Tenant’s use of the Premises), Landlord may terminate this Lease upon thirty (30) days’ prior written notice to TenantTenant as long as Landlord also terminates leases of all other tenants leasing comparably sized space within the Building for comparable lease terms.

Appears in 1 contract

Samples: Retail Lease (La Rosa Holdings Corp.)

Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with the conduct of Tenant’s 's business, then, except as otherwise provided in the immediately following sentence, neither party shall have the right to terminate this Lease and Landlord shall thereafter proceed to make a functional unit of the remaining portion of the Premises (but only to the extent Landlord receives proceeds therefor therefore from the condemning authority), and rent shall be abated with respect to the part of the Premises which Tenant shall be so deprived on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site shall be taken (whether or not such taking substantially interferes with Tenant’s 's use of the Premises), Landlord may terminate this Lease upon thirty (30) days' prior written notice to TenantTenant as long as Landlord also terminates leases of other tenants leasing comparably sized space within the Building for comparable lease terms.

Appears in 1 contract

Samples: Sublease Agreement (Snowball Com Inc)

Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with the conduct of Tenant’s businessuse and occupancy of the Premises including any temporary taking of ninety (90) days or less, then, except as otherwise provided in the immediately following sentence, neither party shall will have the right to terminate this Lease and Landlord shall will thereafter proceed to make a functional unit of the remaining portion of the Premises (but only to the extent Landlord receives proceeds therefor therefore from the condemning authority), and rent shall will be abated with respect to the part of the Premises which Tenant shall be so is deprived of on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site shall be Project is taken (whether or not such taking substantially interferes with Tenant’s use of the Premises), Landlord may terminate this Lease upon thirty (30) days’ prior written notice to TenantTenant if Landlord also terminates the leases of the other tenants of the Building which are leasing comparably sized space for comparable lease terms.

Appears in 1 contract

Samples: Encore Capital Group Inc

Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with Tenant's use and occupancy of the conduct Premises including any temporary taking of Tenant’s businessninety (90) days or less, then, except as otherwise provided in the immediately following sentence, neither party shall will have the right to terminate this Lease and Landlord shall will thereafter proceed to make a functional unit of the remaining portion of the Premises (Premises, but only to the extent Landlord receives proceeds therefor from the condemning authority), and rent shall will be abated with respect to the part of the Premises which Tenant shall be so is deprived of on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site shall be Project is taken (whether or not such taking substantially interferes with Tenant’s 's use of the Premises), Landlord may terminate this Lease upon thirty (30) days' prior written notice to TenantTenant if Landlord also terminates the leases of the other tenants of the Building which are leasing comparably sized space for comparable lease terms.

Appears in 1 contract

Samples: Exhibit 10 (Softlink Inc)

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Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with the conduct of Tenant’s Tenants business, then, except as otherwise provided in the immediately following sentence, neither party shall have the right to terminate this Lease and Landlord shall thereafter proceed to make a functional unit of the remaining portion of the Premises (but only to the extent Landlord receives proceeds therefor from the condemning authority), and rent Monthly Basic Rent shall be abated with respect to the part of the Premises which Tenant shall be so deprived on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site shall be taken (whether or not such taking substantially interferes with Tenant’s use of the Premises), Landlord may terminate this Lease upon thirty (30) days’ prior written notice to Tenant.

Appears in 1 contract

Samples: Work Letter Agreement (Auspex Pharmaceuticals, Inc.)

Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with the conduct of Tenant’s business, then, except as otherwise provided in the immediately following sentence, neither party shall have the right to terminate this Lease and Landlord shall thereafter proceed to make a functional unit of the remaining portion of the Premises (but only to the extent Landlord receives proceeds therefor from the condemning authority), and rent Monthly Basic Rent shall be abated with respect to the part of the Premises which Tenant shall be so deprived on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site shall be taken (whether or not such taking substantially interferes with Tenant’s use of or access to the PremisesPremises or the parking areas), Landlord may terminate this Lease upon thirty (30) days’ prior written notice to Tenant.

Appears in 1 contract

Samples: Work Letter Agreement (Orexigen Therapeutics, Inc.)

Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with the conduct of Tenant’s 's business, then, except as otherwise provided in the immediately following sentence, neither party shall have the right to terminate this Lease and Landlord shall thereafter proceed to make a functional unit of the remaining portion of the Premises (but only to the extent Landlord receives proceeds therefor from the condemning authority), and rent shall be abated with respect to the part of the Premises which Tenant shall be so deprived on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site Project shall be taken (whether or not such taking substantially interferes with Tenant’s 's use of the Premises), Landlord may terminate this Lease upon thirty (30) days' prior written notice to Tenant.

Appears in 1 contract

Samples: Synbiotics Corp

Partial Taking; Abatement of Rent. In the event of a taking of a portion of the Premises which does not substantially interfere with the conduct of Tenant’s businessuse and occupancy of the Premises including any temporary taking of ninety (90) days or less, then, except as otherwise provided in the immediately following sentence, neither party shall will have the right to terminate this Lease and Landlord shall will thereafter proceed to make a functional unit of the remaining portion of the Premises (but only to the extent Landlord receives proceeds therefor from the condemning authority), and rent shall will be abated with respect to the part of the Premises which Tenant shall be so is deprived of on account of such taking. Notwithstanding the immediately preceding sentence to the contrary, if any part of the Building or the Site shall be Project is taken (whether or not such taking substantially interferes with Tenant’s use of the Premises), Landlord may terminate this Lease upon thirty (30) days’ prior written notice to TenantTenant if Landlord also terminates the leases of the other tenants of the Building which are leasing comparably sized space for comparable lease terms.

Appears in 1 contract

Samples: Industrial Lease (Mfic Corp)

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