Common use of PARTIAL Clause in Contracts

PARTIAL. If any part of the leased premises shall be so taken and such partial taking shall render that portion not so taken unsuitable for the purposes for which the leased premises were leased, then LANDLORD and TENANT shall each have the right to terminate this lease by written notice given to the other within sixty (60) days after the date of title vesting in such proceeding. If any part of the leased premises shall be so taken and this lease shall not be terminated, as aforesaid, then this lease and all of the terms and provisions thereof shall continue in full force and effect, except that the maximum guaranteed annual rent shall be reduced in the same proportion that the gross leasable area of the leased premises taken bears to the original gross leasable area leased and, LANDLORD shall, upon receipt of the award in condemnation, make all necessary repairs and alterations (exclusive of TENANT'S furnishings, fixtures, equipment and signs) to restore the portion of the leased premises remaining to as near its former condition as the circumstances will permit, and to the building of which the leased premises forms a part to the extent necessary to constitute the portion of the building not so taken a complete architectural unit; and TENANT, at TENANT'S expense, shall make all necessary repairs and alterations to TENANT'S furnishings, fixtures, equipment and signs. LANDLORD_______________ TENANT ________________

PARTIAL. If In the event that any part portion of the leased premises shall be so Premises, the Allocated Parking, the Building, the Property, or COUNTY’s access thereto, is taken by Condemnation and COUNTY determines, in its commercially reasonable discretion, that COUNTY is unable to conduct its operations at the Premises as a result of such partial taking taking, COUNTY shall render that portion not so taken unsuitable for the purposes for which the leased premises were leasedhave right, then LANDLORD and TENANT shall each have the right at its option, to terminate this lease the Lease by written providing LANLDORD with notice to be given within thirty (30) days after COUNTY’s receipt of the Condemnation Notice from LANDLORD, or if LANDLORD fails to the other provide COUNTY with a Condemnation Notice, within sixty thirty (6030) days after the date of title vesting in such proceedingthe condemning authority takes possession. If any part of COUNTY does not exercise its right to terminate the leased premises shall be so taken and this lease shall not be terminatedLease as provided herein, as aforesaid, then this lease and all of the terms and provisions thereof Lease shall continue in full force and effect, except that if a portion of the maximum guaranteed annual rent Premises was taken, the Premises shall be reduced by the portion taken and the Monthly Rent and any other sums due under the Lease shall be reduced in the same proportion that as the gross leasable floor area of the leased premises Premises taken bears to the original gross leasable floor area leased andof the Premises and if the Allocated Parking, COUNTY’s access, or other portions of the Property affecting COUNTY’s use of the Premises was partially taken, the Monthly Rent and other sums due shall be equitably adjusted. In addition, LANDLORD shall, upon receipt of the award in condemnation, make all necessary repairs and alterations (exclusive of TENANT'S furnishings, fixtures, equipment and signs) to restore the portion of the leased premises remaining to as near its former condition as the circumstances will permit, and to the building of which the leased premises forms a part shall to the extent necessary to constitute the portion of proceeds of the building not condemnation award payable to Landlord are available and paid to Landlord, diligently restore the remainder of the improvements on the Premises so taken far as practicable to a complete architectural unit; unit of like quality and TENANT, at TENANT'S expense, shall make all necessary repairs and alterations condition to TENANT'S furnishings, fixtures, equipment and signs. LANDLORD_______________ TENANT ________________that which existed immediately prior to the taking.

PARTIAL. If any part of the leased premises shall damage caused as above be so taken only partial and such partial taking that the demised premises can be restored to their then condition within a reasonable time, as determined by Lessor, the Lessor may, at its option, restore the same with reasonable promptness, reserving the right to enter upon the demised premises for that purpose, or terminate this Lease. Lessor shall render make such election to restore the demised premises or terminate this Lease by giving notice thereof to Lessee at the demised premises within thirty (30) days from the date Lessor receives notice that portion the demised premises have been damaged. In the event the demised premises cannot so taken unsuitable be or are not repaired, for whatever reason, within one hundred twenty (120) days following the purposes for which the leased premises were leaseddamage, then LANDLORD and TENANT Lessee shall each have the right to terminate this lease Lease Agreement and vacate the demised premises, such right to be exercised by written notice to Lessor given to the other within sixty ten (6010) days after following such one hundred twenty (120) day period. The Lessor also reserves the date of title vesting in such proceeding. If any part of right to enter upon the leased demised premises shall be so taken and this lease shall not be terminated, as aforesaid, then this lease and all of the terms and provisions thereof shall continue in full force and effect, except that the maximum guaranteed annual rent shall be reduced in the same proportion that the gross leasable area of the leased premises taken bears whenever necessary to the original gross leasable area leased and, LANDLORD shall, upon receipt of the award in condemnation, make all necessary repairs and alterations (exclusive of TENANT'S furnishings, fixtures, equipment and signs) to restore the portion of the leased premises remaining to as near its former condition as the circumstances will permit, and repair damage caused by fire or other casualty to the building of which the leased demised premises forms is a part, even though the effect of such entry be to render the demised premises or a part thereof untenantable. In either event the rent shall be apportioned and suspended during the time the Lessor is in possession, taking into account the proportion of the demised premises rendered untenantable and the duration of the Lessor's possession. If a dispute arises as to the extent necessary amount of rent due under this section, Lessee agrees to constitute pay the portion of the building not so taken a complete architectural unit; and TENANTfull amount claimed by Lessor. Lessee, at TENANT'S expensehowever, shall make all necessary repairs and alterations have the right to TENANT'S furnishingsproceed by law to recover the excess payment, fixtures, equipment and signs. LANDLORD_______________ TENANT ________________if any.

PARTIAL. If any part twenty-five (25%) percent or more of the leased premises gross leasable area of the Premises shall be so taken and such partial taking shall render that portion not so taken unsuitable for the purposes for which the leased premises were leasedtaken, then LANDLORD and TENANT Landlord or Tenant shall each have the right to terminate this lease Lease by written notice given to the other within sixty (60) days after the date of title vesting in such proceeding. If any part of the leased premises Premises shall be so taken and this lease Lease shall not be terminated, as aforesaid, then this lease Lease and all of the terms and provisions thereof hereof shall continue in full force and effect, except that the maximum guaranteed annual rent Minimum Rent shall be reduced in the same proportion that the gross leasable rentable area of the leased premises Premises taken bears to the original gross leasable rentable area leased andof the Premises, LANDLORD and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs and alterations (exclusive of TENANT'S Tenant's property, including trade and lighting fixtures, furniture, furnishings, fixturespersonal property, equipment decorations, signs and signscontents) to restore the portion of the leased premises Premises remaining to as near to its former condition conditions as the circumstances will permit, and to the building of which the leased premises forms a part Building to the extent necessary to constitute the portion of the building Building not so taken a complete architectural unit; provided, however, that Landlord, in any event, shall not be required to spend for such repairs and TENANTalterations an amount in excess of the amount received by Landlord as damages for the taking of such part of the Premises, and Tenant, at TENANT'S Tenant's expense, shall make all necessary repairs and alterations to TENANT'S Tenant's property, including trade and lighting fixtures, furniture, furnishings, fixturespersonal property, equipment signs and signscontents. LANDLORD_______________ TENANT ________________As used herein, the amount received by Landlord shall mean that portion of the award in condemnation received by Landlord as damages from the condemning authority which is free and clear of all ground or underlying lessors, and less reasonable attorneys' and appraisers' fees and expenses. If more than fifty (50%) percent of the rentable area of either the Building or the Commercial Center shall be taken as aforesaid, Landlord shall have the right, by notice given to Tenant, to terminate this Lease, such termination to be effective as of the date of title vesting in such proceedings. If, as a result of any taking, the remaining parking areas equal or exceed seventy-five (75%) percent of the parking areas as the same existed prior to such taking, Tenant shall not be entitled to compensation, diminution or abatement of any rents or other charges or sums reserved hereunder, nor shall the same be deemed an actual or construction evidence. If as a result of such taking the remaining parking areas are reduced below seventy-five (75%) percent of the parking areas as the same existed prior to such taking, Landlord shall have the right, to supply substitute parking facilities on the property of Landlord or within reasonable proximity to the Commercial Center. If Landlord shall be unable to replace or substitute any such parking facilities so taken to comply with the provisions of the preceding sentence, then Landlord or Tenant shall have the right and option to cancel and terminate this Lease within ninety (90) days after the taking by giving the other party thirty (30) days' written notice; and in such event, this Lease shall cease and terminate upon the expiration of said thirty (30) days and neither party thereafter shall have any further rights and obligations as against the other. If, pursuant to the preceding sentence, neither party shall have so cancelled and terminated this Lease, then Tenant shall not be entitled to compensation, diminution or abatement of any rents, charges or other sums reserved hereunder, nor shall the failure to replace or substitute any such parking facilities so taken be deemed an actual or constructive eviction.

PARTIAL. If any part twenty-five percent (25%) or more of the leased premises gross leasable area of the Demised Premises shall be so taken and such partial taking shall render that portion not so taken unsuitable for the purposes for which the leased premises were leasedtaken, then LANDLORD and TENANT either Landlord or Tenant shall each have the right to terminate this lease Lease by written notice given to the other party within sixty (60) days after the date of title vesting in such proceeding. If any part of the leased premises Demised Premises shall be so taken and this lease Lease shall not be terminated, as aforesaid, then this lease Lease and all of the terms and provisions thereof hereof shall continue in full force and effect, except that the maximum guaranteed annual rent Fixed Minimum Rent shall be reduced in the same proportion that the gross leasable area of the leased premises Demised Premises taken bears to the original gross leasable area leased andof the Demised Premises, LANDLORD and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs and alterations (exclusive of TENANT'S Tenant's trade and lighting fixtures, furniture, furnishings, fixturespersonal property, equipment decorations, signs and signscontents) to restore the portion of the leased premises Demised Premises remaining to as near its former condition as the circumstances will permit, and to the building of which the leased premises forms Demised Premises form a part to the extent necessary to constitute the portion of the building not so taken a complete architectural unit; provided, however, that Landlord in any event, shall not be required to spend for such repairs and TENANTalterations an amount in excess of the respective amounts received by Landlord as damages for the taking of such part of the Demised Premises and of the building of which they form a part, and Tenant, at TENANT'S Tenant's expense, shall make all necessary repairs and alterations to TENANT'S Tenant's trade and lighting fixtures, furniture, furnishings, fixturespersonal property, equipment decorations, signs and signs. LANDLORD_______________ TENANT ________________contents.

PARTIAL. If any part of the leased premises Demised Premises shall be so taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the purposes for which the leased premises were leased, then LANDLORD and TENANT shall each have the right to terminate this lease by written notice given to the other within sixty (60) days after the date business of title vesting in such proceeding. If any part of the leased premises shall be so taken and this lease shall not be terminated, as aforesaidTenant, then this lease Lease and all the term herein shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the premises unsuitable for the business of the terms and provisions thereof Tenant, then this Lease shall continue in full force and effect, effect except that the maximum guaranteed annual rent shall be reduced in the same proportion that the gross leasable floor area of the leased premises Demised Premises taken bears to the original gross leasable floor area leased and, LANDLORD demised and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs and repair or alterations (exclusive of TENANT'S furnishings, fixtures, equipment and signs) to restore the portion of the leased premises remaining to as near its former condition as the circumstances will permit, and to the building of in which the leased premises forms a part to the extent necessary Demised Premises are located so as to constitute the portion of the building not so taken a complete architectural unit, but such work shall not exceed the scope of the work to be done by Landlord in originally constructing said building. nor shall Landlord in any event be required to spend for such work an amount in excess of the amount received by Landlord as damages for the part of the Demised Premises so taken. "Amount received by Landlord" shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgages for the value of the diminished fee; (c) if more than twenty (20%) percent of the floor area of the building in which the Demised Premises are located shall be taken as aforesaid, Landlord may. by written notice to Tenant, terminate this Lease, such termination to be effective as aforesaid; (d) if this Lease Is terminated as provided In this paragraph, the rent shall be paid up to the day that possession is taken by public authority and TENANT, at TENANT'S expense, Landlord shall make an equitable refund of any rent paid by Tenant in advance; (e) Award: Tenant shall not be entitled to and expressly waives all necessary repairs and alterations claim to TENANT'S furnishings, fixtures, equipment and signs. LANDLORD_______________ TENANT ________________any

PARTIAL. If any part of the leased premises Premises shall be so taken by eminent domain and such partial taking shall render that portion not so taken unsuitable for the purposes for which the leased premises Premises were leased, then LANDLORD Landlord and TENANT Tenant shall each have the right to terminate this lease Lease by written notice given to the other within sixty thirty (6030) days after the date notice of title vesting in such proceedingtaking. If any part of the leased premises Premises shall be so taken and this lease Lease shall not be terminated, terminated as aforesaid, then this lease Lease and all of the terms and provisions thereof hereof shall continue in full force and effect, except that the maximum guaranteed annual rent Fixed Minimum Rent and Tenant’s Proportionate Share of Common Area Costs and Tenant’s Proportionate Share of real estate taxes shall be reduced in the same proportion that the gross leasable floor area of the leased premises Premises taken (including basement and mezzanine space, if any) bears to the original gross leasable floor area leased anddemised, LANDLORD and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs and or alterations (exclusive of TENANT'S furnishings, Tenant’s trade fixtures, equipment decorations, signs and signscontents) to restore the portion of the leased premises Premises remaining to as near its former condition as the circumstances will permit, and to the building of which the leased premises forms a part Shopping Center to the extent necessary to constitute the portion of the building Shopping Center not so taken a complete architectural unit; provided, however, that Landlord, in any event, shall not be required to spend for such repair and TENANTalteration work an amount in excess of the respective amounts received by Landlord as damages for the taking of such part of the Premises and of the Shopping Center, and Tenant, at TENANT'S Tenant’s expense, shall make all necessary repairs and alterations to TENANT'S furnishings, Tenant’s trade fixtures, equipment decorations, signs and signs. LANDLORD_______________ TENANT ________________contents.

PARTIAL. If any part twenty-five percent (25%) or more of the leased premises GLA of the Premises shall be so taken and such partial taking shall render that portion not so taken unsuitable for the purposes for which the leased premises were leasedtaken, then LANDLORD Landlord and TENANT Tenant shall each have the right to terminate this lease Lease by written notice given to the other within sixty (60) days after the date of title vesting in such proceedingproceedings. If any part of the leased premises Premises shall be so taken and this lease Lease shall not be terminated, as aforesaid, then this lease Lease and all of the terms and provisions thereof shall continue in full force and effect, except that the maximum guaranteed annual rent Fixed Minimum Rent shall be reduced in the same proportion that the gross leasable area GLA of the leased premises Premises taken bears to the original gross leasable area leased andGLA demised, LANDLORD and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs and or alterations (exclusive of TENANT'S Tenant's trade and lighting fixtures, furniture, furnishings, fixturespersonal property, equipment decorations, signs and signscontents) to restore the portion of the leased premises Premises remaining to as near its former condition as the circumstances will permit, and to the building of which the leased premises Premises forms a part to the extent necessary to constitute the portion of the building not so taken to a complete architectural unit; provided, however, that Landlord, in any event, shall not be required to spend for such repair and TENANTalteration work an amount in excess of the respective amounts received by Landlord as damages for the taking of such part of the Premises and of the building of which it forms a part; and Tenant, at TENANT'S Tenant's expense, shall make all necessary repairs and alterations to TENANT'S furnishings, Tenant's trade and lighting fixtures, equipment decoration, signs and signs. LANDLORD_______________ TENANT ________________contents.

PARTIAL. If any part the taking is of the leased premises shall be so taken and such partial taking shall render that portion not so taken unsuitable for the purposes for which the leased premises were leased, then LANDLORD and TENANT shall each have the right to terminate this lease by written notice given to the other within sixty (60) days after the date of title vesting in such proceeding. If any part of the leased premises shall be so taken and this lease shall not be terminated, as aforesaid, then this lease and less than substantially all of the terms Land and provisions thereof Building and if this Lease is for any reason not terminated pursuant to the following Paragraph 16.C, Landlord shall as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all of the award received by Landlord and Tenant (but not in excess thereof) so as to provide to the extent reasonably possible, comparable space and amenities to those enjoyed by Tenant under this Lease prior to the taking; in such event this Lease shall continue in full force at the square foot rental rates and effect, except that adjustment herein provided for the maximum guaranteed annual rent shall be reduced Premises applied to the Rentable Area of the Premises existing in the same proportion that Building as restored, but Base Rent, Additional Rent and other charges due hereunder shall abatx xxx the gross leasable area portions of the leased premises taken bears Premises affected as to periods when the original gross leasable area leased andPremises is not available for use by Tenant in the ordinary course of its business as a result of such taking and work of restoration. In the event the taking is of less than substantially all of the Land and Building and does not affect the Premises or any other interest of Tenant under this Lease to which an economic value can be determined and computed by the court having jurisdiction, LANDLORD shall, upon receipt Tenant shall have no right to a single award or share of the award as provided in condemnationthe preceding grammatical paragraph, make provided that to the extent required, all necessary repairs and alterations (exclusive of TENANT'S furnishings, fixtures, equipment and signs) the award received by Landlord shall be used by Landlord to restore the portion Land and Building as provided above in this Paragraph. If the parties are unable to agree whether a taking is of substantially all of the leased premises remaining to as near its former condition as the circumstances will permit, Land and to the building of which the leased premises forms a part to Building or the extent necessary of any required restoration, then the matter shall be determined by arbitration pursuant to constitute the portion of the building not so taken a complete architectural unit; and TENANT, at TENANT'S expense, shall make all necessary repairs and alterations to TENANT'S furnishings, fixtures, equipment and signs. LANDLORD_______________ TENANT ________________Paragraph 33 hereof.

PARTIAL. If In the event that any part portion of the leased premises shall be so Premises, the Allocated Parking, the Building, the Property, or COUNTY’s access thereto, is taken by Condemnation and COUNTY determines, in its sole discretion, that COUNTY is unable to conduct its operations at the Premises as a result of such partial taking taking, COUNTY shall render that portion not so taken unsuitable for the purposes for which the leased premises were leasedhave right, then LANDLORD and TENANT shall each have the right at its option, to terminate this lease the Lease by written providing LANLDORD with notice to be given within thirty (30) days after COUNTY’s receipt of the Condemnation Notice from LANDLORD, or if LANDLORD fails to the other provide COUNTY with a Condemnation Notice, within sixty thirty (6030) days after the date of title vesting in such proceedingthe condemning authority takes possession. If any part of COUNTY does not exercise its right to terminate the leased premises shall be so taken and this lease shall not be terminatedLease as provided herein, as aforesaid, then this lease and all of the terms and provisions thereof Lease shall continue in full force and effect, except that if a portion of the maximum guaranteed annual rent Premises was taken, the Premises shall be reduced by the portion taken and the Monthly Rent and any other sums due under the Lease shall be reduced in the same proportion that as the gross leasable floor area of the leased premises Premises taken bears to the original gross leasable floor area leased andof the Premises and if the Allocated Parking, COUNTY’s access, or other portions of the Property affecting COUNTY’s use of the Premises was partially taken, the Monthly Rent and other sums due shall be equitably adjusted. In addition, LANDLORD shallshall within thirty (30) days make all repairs or alterations to the Premises, upon receipt Building, and Property required as a result of the award in condemnation, make all necessary repairs and alterations (exclusive of TENANT'S furnishings, fixtures, equipment and signs) Condemnation to restore the portion remaining portions thereof to substantially the same conditions as existing immediately prior to the Condemnation and in accordance with the provisions of the leased premises remaining to as near its former condition as the circumstances will permit, and to the building of which the leased premises forms a part to the extent necessary to constitute the portion of the building not so taken a complete architectural unit; and TENANT, at TENANT'S expense, shall make all necessary repairs and alterations to TENANT'S furnishings, fixtures, equipment and signs. LANDLORD_______________ TENANT ________________Lease.