Common use of Partial Taking; Election to Terminate Clause in Contracts

Partial Taking; Election to Terminate. 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 (c) City elects to terminate. If a partial Taking of a material portion of the Terminal occurs, City shall have the right to terminate this Lease in its entirety. City’s elections to terminate this Lease pursuant to this Section 18 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. If 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 Terminal 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 18 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.