Partial Taking; Election to Terminate Sample Clauses
Partial Taking; Election to Terminate. (a) If a Taking of any portion (but less than all) of the Premises occurs, then this Lease shall terminate in its entirety if all of the following exist: (a) the partial Taking renders the remaining portion of the Premises untenantable or unsuitable for continued use by Tenant for the Permitted Use; (b) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but City is unwilling or unable to cure such condition; and
Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the Premises, then this Lease shall terminate in its entirety if all of the following exist: (i) the partial Taking, in City’s reasonable judgment, renders the remaining portion of the Premises untenantable or unsuitable for continued use by City for its intended purposes or otherwise materially adversely affects City’s normal operations in the Premises, (ii) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but Landlord is unwilling or unable to cure such condition, and (iii) City elects to terminate.
(b) In the case of a partial taking of a substantial portion of the Building, and if subsection (a) above does not apply, City and Landlord shall each have the right to terminate this Lease by written notice to the other within thirty (30) days after the Date of Taking, provided that, as a condition to City’s right to terminate, the portion of the Building taken shall, in City’s reasonable judgment, render the Premises unsuitable for continued use by City for its intended purposes or otherwise materially adversely affect City’s normal operations in the Premises.
(c) Either party electing to terminate under the provisions of this Section 13.4 shall do so by giving written notice to the other party before or within thirty (30) days after the Date of Taking, and thereafter this Lease shall terminate upon the later of the thirtieth (30th) day after such written notice is given or the Date of Taking.
Partial Taking; Election to Terminate. (a) If a Taking of any portion (but less than all) of the Premises occurs, then this Lease shall terminate in its entirety under either of the following circumstances: (i) if all of the following exist: (A) the partial Taking renders the remaining portion of the Premises untenantable or unsuitable for continued use by Tenant, (B) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but City is unwilling or unable to cure such condition, and (C) Tenant elects to terminate; or (ii) if City elects to terminate, except that this Lease shall not terminate if Xxxxxx agrees to, and does, pay full Rent and Additional Charges, without abatement, and otherwise agrees to, and does, fully perform all of its obligations under this Lease.
(b) City shall have the right to terminate this Lease in the event of a partial Taking of a substantial portion of any of City's adjoining real property, even if the Taking does not directly affect the Premises.
(c) Either Party electing to terminate under the provisions of this Article 15 shall do so by giving written notice to the other Party before or within thirty (30) days after the Date of Taking, and thereafter this Lease shall terminate upon the later of the thirtieth day after such written notice is given or the Date of Taking.
Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the Premises, then this Lease shall terminate in its entirety under either of the following circumstances: (i) if all of the following exist: (A) the partial Taking renders the remaining portion of the Premises untenantable or unsuitable for continued use by Tenant, or the Taking is of areas that are necessary for Tenant to derive sufficient income to perform its obligations hereunder, and
Partial Taking; Election to Terminate. I f a Taking of any portion (but less than all) of the Premises occurs, then this Lease shall terminate in its entirety if all of the following exist: (a) the partial Taking renders the remaining portion of the Premises untenantable or unsuitable for continued use by Tenant for the Permitted Use; (b) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but City is unwilling or unable to cure such condition; and (c) City elects to terminate. If a partial Taking of a material portion of the Airport Building occurs, City shall have the right to terminate this Lease in its entirety. City’s elections to terminate this Lease pursuant to this Section 17 shall be exercised by City’s giving notice to Tenant on or before the date that is one hundred twenty (120) days after the Date of Taking, and thereafter this Lease shall terminate upon on the thirtieth (30th) day after such notice is given.
Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the Premises or Common Areas, then this Lease will terminate in its entirety under either of the following circumstances: (i) if all of the following exist: (1) the partial Taking renders the remaining portion of the Premises or Common Areas untenantable or unsuitable for Tenant’s continued Permitted Use, (2) the condition rendering the Premises or Common Areas untenantable or unsuitable either is not curable or is curable and the City is required under this Lease to cure the condition but City is unwilling or unable to cure the condition, and (3) Tenant elects to terminate; or (ii) if City elects to terminate; provided, however, that this Lease will not terminate if Tenant agrees to, and does, pay full Rent, without abatement, and otherwise agrees to, and does, fully perform all of its obligations under this Lease.
(b) If there is a partial Taking of a substantial portion of the Premises or Common Areas, either Party may terminate this Lease in its entirety.
(c) Either Party electing to terminate under the provisions of this Section 15.3 will do so by giving written notice to the other Party before or within thirty (30) days after the Date of Taking, and this Lease will terminate on the later of the thirtieth (30th) day after the written notice is given or the Date of Taking.
Partial Taking; Election to Terminate. 8 15.5 ........Fee; Award. 9 15.6 ........Partial Taking; Continuation of License. 9 15.7 ........Temporary Takings 9 16. ASSIGNMENT AND SUBLETTING 9 17. DEFAULT; REMEDIES 9
Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the Premises, then this Lease shall terminate in its entirety if all of the following exist: (A) the partial Taking, in Tenant’s reasonable judgment, renders the remaining portion of the Premises untenantable or unsuitable for continued use by Tenant for its intended purposes or otherwise materially adversely affect Tenant’s normal operations in the Premises, (B) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but Landlord is unwilling or unable to cure such condition, and (C) Tenant elects to terminate.
(b) In the case of a partial taking of a substantial portion of the Building, and if subsection (a) above does not apply, Tenant and Landlord shall each have the right to terminate this Lease by written notice to the other within thirty (30) days after the Date of Taking, provided that, as a condition to Tenant’s right to terminate, the portion of the Building taken shall, in Tenant’s reasonable judgment, render the Premises unsuitable for continued use by Tenant for its intended purposes or otherwise materially adversely affect Tenant’s normal operations in the Premises.
(c) Either party electing to terminate under the provisions of this Section
Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the Premises, then this License shall terminate in its entirety under either of the following circumstances: (i) if all of the following exist: (A) the partial Taking renders the remaining portion of the Premises unsuitable for continued use by Licensee, (B) the condition rendering the Premises unsuitable either is not curable or is curable but County is unwilling or unable to cure such condition, and (C) Licensee elects to terminate; or (ii) if County elects to terminate.
(b) If Licensee elects to terminate under the provisions of this Section 15 Licensee shall do so by giving the written notice to the County before or within thirty (30) days after the Date of Taking, and thereafter this License shall terminate upon receipt of such notice.
Partial Taking; Election to Terminate. If only a part of the Building shall be so condemned or taken, then Lessor (whether or not the Premises be affected) may, at Lessor's option, if a material portion of the Building is so taken (such option to be elected, if at all, in a commercially reasonable manner):
a) terminate this Lease, and the term and estate hereby granted shall cease and terminate as of the date of such vesting of title, upon Notice to Lessee given within sixty days following the date upon which Lessor shall have received notice of vesting of title; or
b) if such condemnation or taking shall be of a substantial part of the Premises, or of a substantial part of the means of access thereto, so that, as a result of such taking, reasonable access to the Building is no longer available Lessee may, at Lessee's election, by Notice to Lessor delivered within thirty days following the date on which Lessee shall have received notice of vesting of title, terminate this Lease, and the term and estate hereby granted shall cease and terminate as of the date of such vesting of title; or
c) if neither Lessor nor Lessee shall elect to terminate this Lease in the manner set forth in this Paragraph 14.2, this Lease shall be and remain unaffected by such condemnation or taking, except that the rent shall be abated to the extent provided in this Article 14.
d) If only a part of the Premises shall be so condemned or taken, and this Lease with respect to the part not taken is not terminated as provided in this Article 14, Lessor shall, with reasonable dispatch, and out of the condemnation award, restore the remaining portion of the Premises as nearly as practicable to the same condition as existed prior to the condemnation or taking.
e) The entire condemnation award derived from any such condemnation or taking shall belong to the Lessor, and no portion of such award shall belong to Lessee, regardless of the manner in which such award shall have been computed or allocated; unless the condemning authority shall have made an award separate from the Lessor's award, and payable t6 the Lessee in compensation for the taking of Lessee's interest in the leasehold.