Common use of PUBLIC TAKING Clause in Contracts

PUBLIC TAKING. The Landlord and Tenant shall cooperate, each with the other, in respect of any Public Taking of the Leased Premises or any part thereof so that the Tenant may receive the maximum award to which it is entitled in law for relocation costs and business interruption and so that the Landlord AND TENANT MAY RECEIVE THEIR PROPORTIONATE SHARE OF ANY AWARD for all other compensation arising from or relating to such Public Taking. If the whole or any part of the Leased Premises is Publicly Taken, as between the parties hereto, their respective rights and obligations under this Lease shall continue until the day on which the Public Taking authority takes possession therefore. If the whole or any part of the Leased Premises is Publicly Taken, Landlord OR TENANT shall have the option, to be exercised on written notice to the OTHER PARTY to terminate this Lease and such termination shall be effective on the day the Public Taking authority takes possession of the whole or the portion of the Property Publicly Taken. Rent and all other payments shall be adjusted as of the date of such termination and the Tenant shall, on the date of such Public taking, vacate the Leased Premises and surrender the same to the Landlord, with the Landlord having the right to re-enter and repossess the Leased Premises discharged of this Lease and to remove all persons therefrom. In this paragraph the words "Public Taking" shall include expropriation and condemnation and shall include a sale by the Landlord to any authority with powers of expropriation, condemnation or taking, in lieu of or under threat of expropriation or taking and "Publicly Taken" shall have a corresponding meaning. Standard Lease Form INITIALS Form FSGLI (894) --------------------- Landlord Tenant (THE REMAINDER OF THIS SECTION IS MISSING) Standard Lease Form INITIALS Form FSGLI (894) --------------------- Landlord Tenant

PUBLIC TAKING. 19. The Landlord and Tenant shall cooperateco-operate, each with the other, in respect of any Public Taking of the Leased Premises or any part thereof so that the Tenant may receive the maximum award to which it is entitled in law for relocation costs and business interruption and so that the Landlord AND TENANT MAY RECEIVE THEIR PROPORTIONATE SHARE OF ANY AWARD may receive the maximum award for all other compensation arising from or relating to such Public Taking (including all compensation for the value of the Tenant’s leasehold interest subject to the Public Taking) which shall be the property of the Landlord, and the Tenant’s rights to such compensation are hereby assigned to the Landlord. If the whole or any part of the Leased Premises is Publicly Taken, as between the parties hereto, their respective rights and obligations under this Lease shall continue until the day on which the Public Taking authority takes possession thereforethereof. If the whole or any material part (i.e., more than twenty-five percent [25%]) of the Rentable Area of the Leased Premises is Publicly Taken, Landlord OR TENANT either party shall have the option, to be exercised on by written notice to the OTHER PARTY other party, to terminate this Lease and such termination shall be effective on the day the Public Taking authority takes possession of the whole or the portion of the Property Publicly Taken. Rent and all other payments shall be adjusted as of the date of such termination and the Tenant shall, on the date of such Public takingTaking, vacate the Leased Premises and surrender the same to the Landlord, with the Landlord having the right to re-enter and repossess re-possess the Leased Premises discharged of this Lease and to remove all persons therefromthere from. In this paragraph paragraph, the words "“Public Taking" ” shall include any permanent or long-term (i.e. greater than twelve (12) consecutive months) expropriation and condemnation and shall include a sale by the Landlord to any an authority with powers of expropriation, condemnation or taking, in lieu of or under threat of expropriation or taking and "“Publicly Taken" ” shall have a corresponding meaning. Standard Lease Form INITIALS Form FSGLI (894) --------------------- Landlord Tenant (THE REMAINDER OF THIS SECTION IS MISSING) Standard Lease Form INITIALS Form FSGLI (894) --------------------- Landlord Tenant.

PUBLIC TAKING. The Landlord and Tenant shall cooperate, each with the other, in respect of any Public Taking If all or substantially all of the Leased Premises are sold to or taken by any part thereof so that public authority under its power of condemnation or the Tenant may receive threat thereof, this Lease shall terminate as of the maximum award date possession shall be transferred to which it is entitled in law for relocation costs the acquiring authority, and business interruption and so that the Landlord AND TENANT MAY RECEIVE THEIR PROPORTIONATE SHARE OF ANY AWARD for all other compensation arising from or relating to such Public Takingrental payable hereunder shall be apportioned accordingly. If the whole or any material part of the Leased Building and/or the Common Areas is sold or taken (whether or not the Premises are affected), Landlord shall have the right to terminate this Lease as of the date possession is Publicly Takentransferred to the acquiring authority, as between upon giving written notice thereof to Tenant within sixty (60) days after such transfer, and the parties heretorental payable hereunder shall be apportioned accordingly. Upon any taking of less than substantially all of the Premises, their respective rights and obligations under this Lease shall continue until in force as to the day on part of the Premises 9 not taken, and the rent payable thereafter shall be reduced in proportion to the amount of total floor area of the Premises taken. In the event of any such taking, Landlord, at its expense, (but subject to the limitations set forth below and the limitation that Landlord need not expend more than the amount of the award or payment made available to Landlord) and after the receipt of the condemnation award or compensation from the acquiring authority, shall, unless this Lease has been terminated, diligently rebuild or restore the remainder of the Premises to the approximate condition in which they existed at the Public Taking time of such taking. In any event, all damages awarded by or amounts paid by the acquiring authority takes possession therefore. If for any such taking, whether for the whole or any a part of the Leased Premises or the Building or the Common Areas, shall belong to and be the property of Landlord whether such damages are awarded as compensation for loss of, or diminution in value to, the leasehold or the fee thereof; provided, however, that Landlord shall not be entitled to any separate award which may be made to Tenant for the cost of realigning, relocating or removing its personal property and which does not reduce the amount payable to Landlord. In the event that this Lease is Publicly Takenterminated as hereinabove provided, Tenant shall not have any claim against Landlord OR TENANT shall have for the option, to be exercised on written notice value of the unexpired term hereof. The provisions of this Paragraph are subject to the OTHER PARTY to terminate this Lease and such termination shall be effective on the day the Public Taking authority takes possession rights of the whole or the portion of the Property Publicly Taken. Rent and all other payments shall be adjusted as of the date of such termination and the Tenant shallLandlord's mortgagees, on the date of such Public taking, vacate the Leased Premises and surrender the same to the Landlord, with the Landlord having the right to re-enter and repossess the Leased Premises discharged of this Lease and to remove all persons therefrom. In this paragraph the words "Public Taking" shall include expropriation and condemnation and shall include a sale by the Landlord to any authority with powers of expropriation, condemnation or taking, in lieu of or under threat of expropriation or taking and "Publicly Taken" shall have a corresponding meaning. Standard Lease Form INITIALS Form FSGLI (894) --------------------- Landlord Tenant (THE REMAINDER OF THIS SECTION IS MISSING) Standard Lease Form INITIALS Form FSGLI (894) --------------------- Landlord Tenantif any.

PUBLIC TAKING. The Landlord If after the execution of this lease and Tenant shall cooperateprior to the expiration of the term hereof, each with the other, in respect of any Public Taking whole of the Leased Premises or any part thereof so that the Tenant may receive the maximum award to which it is entitled in law for relocation costs and business interruption and so that the Landlord AND TENANT MAY RECEIVE THEIR PROPORTIONATE SHARE OF ANY AWARD for all other compensation arising from or relating to such Public Taking. If the whole or any part of the Leased Premises is Publicly Taken, as between the parties hereto, their respective rights and obligations under this Lease shall continue until the day on which the Public Taking authority takes possession therefore. If the whole or any part of the Leased Premises is Publicly Taken, Landlord OR TENANT shall have the option, to be exercised on written notice to the OTHER PARTY to terminate this Lease and such termination shall be effective on taken under power of eminent domain by any public or private authority, or conveyed by lessor to said authority in lieu of such taking, then this lease and the day the Public Taking authority takes possession of the whole or the portion of the Property Publicly Taken. Rent term hereof shall cease and all other payments shall be adjusted terminate as of the date of such termination taking; subject, however, to the right of Lessee, at its election, to continue to occupy the Leased Premises, subject to the terms and provisions of this lease, for all or such part, as Lessee may determine, of the Tenant shall, on period between the date of such Public taking, vacate taking and the date when possession of the Leased Premises and surrender the same shall be conveyed to the Landlordcondemning authority and any unearned rent or other charges, with if any, paid in advance, shall be refunded to Lessee. If, after the Landlord having execution of this lease and prior to the right expiration of the term hereof, any public or private authority shall, under the power of eminent domain, make a taking of, or Lessor shall convey to re-enter said authority in lieu of such taking, any portion of the Leased Premises, then this lease and repossess the obligation to pay rent hereunder shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If such taking (i) results in any reduction of Building 1 or 2; (ii) results in a reduction of 15% or more of the land constituting the Leased Premises discharged other than the land under Buildings 1 and 2; or (iii) results in a taking of the access roads to the Leased Premises that substantially impedes or substantially interferes with access to the Leased Premises, then Lessee may, at its election, terminate this lease by giving Lessor notice of the exercise of Lessee's election within thirty (30) days after Lessee shall receive notice of such taking. In the event of termination by Lessee, this lease and the term hereof shall cease and terminate as of the date of such taking, subject to the right of Lessee, at its election, to continue to occupy the Leased Premises, subject to the terms and provisions of this Lease lease, for all or such part, as Lessee may 19 determine, of the period between the date of such taking and to remove all persons therefrom. In this paragraph the words "Public Taking" date when possession shall include expropriation and condemnation and shall include a sale be taken by the Landlord condemning authority of the Leased Premises, and any unearned rent or other charges, if any, paid in advance by Lessee shall be refunded to any authority with powers of expropriation, condemnation or takingLessee. However, in lieu of or under threat of expropriation or taking order to keep this lease in force and "Publicly Taken" effect, lessor shall have the option of substituting equivalent premises, fit for the use for which Lessee was using the premises so taken and located within the same municipal block as the Leased Premises, in an equal amount and in at least as good a corresponding meaning. Standard Lease Form INITIALS Form FSGLI (894) --------------------- Landlord Tenant (THE REMAINDER OF THIS SECTION IS MISSING) Standard Lease Form INITIALS Form FSGLI (894) --------------------- Landlord Tenantcondition as that portion of the Leased Premises taken.