Partial Taking - Continuation with Rent Abatement. If a taking or transfer of only a part of the Premises or the appurtenant easement areas occurs ("Partial Taking") and neither party terminates this Lease pursuant to Section 9.3, this Lease shall terminate as to the portion of the Premises so taken or transferred as of the date title to such portion of the Premises vests in the condemning authority, but shall continue in full force and effect as to the portion of the Premises and the appurtenant easement areas not so taken or transferred. From and after such date of such vesting, the Common Area Maintenance charges required to be paid by Tenant shall be reduced based upon the ratio between the remaining area of the Premises of Tenant's leasehold estate at the date that title to such portion of the Premises vests in the condemning authority to the total usable area remaining on the Land immediately thereafter. Landlord and Xxxxxx shall negotiate in good faith with respect to such adjustment.
Partial Taking - Continuation with Rent Abatement. If a taking or transfer of only a part of the Premises or the appurtenant easement areas occurs ("Partial Taking") and neither party terminates this Secondary Sublease pursuant to Section 9.3, this Secondary Sublease shall terminate as to the portion of the Premises so taken or transferred as of the date title to such portion of the Premises vests in the condemning authority, but shall continue in full force and effect as to the portion of the Premises and the appurtenant easement areas not so taken or transferred. From and after such date of such vesting, the Common Area Maintenance charges required to be paid by Tenant shall be reduced based upon the ratio between the remaining area of the Premises of Tenant's leasehold estate at the date that title to such portion of the Premises vests in the condemning authority to the total usable area remaining on the Land immediately thereafter. Landlord and Tenant shall first negotiate in good faith with respect to such adjustment.
Partial Taking - Continuation with Rent Abatement. If the taking or transfer of only an insubstantial part of the Leased Premises leaves the remainder of the Leased Premises in such condition and in such form, shape, or size as to be used effectively and practicably in the opinion of Lessor for the intended purpose, this Agreement terminates only as to the portion of the Leased Premises so taken or transferred as of the date title to such portion vests in the condemning authority, but continues as to the portion of the Leased Premises not so taken or transferred. After such date, the rent required to be paid by Lessee to Lessor will be reduced during the unexpired portion of this Agreement to that proportion of the annual rent which the value of the part of the Leased Premises not so taken bears to the value of the total of the Leased Premises, such values to be determined as of the date of the actual commencement of the physical taking of the Leased Premises when Lessee is disturbed in its possession as a result thereof but immediately before any actual taking.
Partial Taking - Continuation with Rent Abatement. If the taking or transfer of only an insubstantial part of the Leased Premises leaves the remainder of the Leased Premises in such condition and in such form, shape, or size as to be used effectively and practicably in the opinion of Lessor for the intended purpose, this Agreement terminates only as to the portion of the Leased Premises so taken or transferred as of the date title to such portion vests in the condemning authority, but continues as to the portion of the Leased Premises not so taken or transferred.
Partial Taking - Continuation with Rent Abatement. In the event of such taking or transfer of only a part of the Ground Leased Premises leaving the remainder of the Ground Leased Premises in such location and in such form, shape or size as to be used effectively and practicably in the good faith opinion of Tenant for the purpose of operation thereon of Tenant’s business, this Ground Lease shall terminate only as to the portion of the Ground Leased Premises so taken or transferred as of the date title to such portion vests in the condemning authority, and shall continue in full force and effect as to the portion of the Ground Leased Premises not so taken or transferred. From and after such date the rental required to be paid by Tenant shall be reduced in proportion to which the square footage of the area so taken or transferred bears to the total square footage of the Ground Leased Premises.
