Common use of Rights of Termination for Taking Clause in Contracts

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, after the determination of the net amount of condemnation proceeds available to Landlord, to use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 4 contracts

Samples: Agreement (Unica Corp), Agreement (Unica Corp), Synta Pharmaceuticals Corp

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Rights of Termination for Taking. If (i) the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes, or (ii) twenty-five percent (25%) or more of the parking areas serving the Complex shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. In the event of a taking of a single Building which would in and of itself trigger any termination right under this Section 6.3, this Lease may be terminated by either party (to the extent such party has a termination right hereunder) solely with respect to the Building that was the subject of the taking but not with respect to the other Buildings not similarly affected by the taking (provided, however, that if Tenant reasonably determines that Tenant is unable to continue to operate its business economically and efficiently with the undamaged portion of the Premises, Tenant may terminate this Lease as to the entire Premises so long as the taking is of such a magnitude as to trigger a termination right hereunder). In addition, Tenant may terminate this Lease if fifty percent (50%) or more of Land Recreation Area A shall be taken and the remaining portion of Land Area Recreation A is insufficient for the Permitted Uses of the Additional Land Areas, as determined by Tenant in its reasonable discretion (taking into account the continued availability of Land Recreation Area B for such purposes). If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. FurtherFor the purposes hereof, if so much the work "taking" shall mean and refer to the acquisition or taking of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises property (or such portion thereof any right, title or interest therein) by any governmental or quasi-governmental authority acting under power of condemnation or eminent domain, and shall encompass contested as may be taken). If Landlord shall give such notice, then this Lease shall terminate well as uncontested takings as long as initiated by the applicable governmental or quasi-governmental authority and any conveyances in lieu of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereofan initiated taking. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the BuildingBuildings, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to itit (provided, however, that if Landlord elects not to expend any sums in excess of the net condemnation proceeds, Tenant shall have the right to terminate this Lease as set forth in the immediately following sentence). If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are otherwise insufficient for, the restoration of the Buildings (and/or the Site) and if Landlord does not otherwise elect to spend the additional funds necessary to fully restore the Buildings (and/or the Site), then Landlord shall give notice ("Landlord's Award Notice") to Tenant within thirty (30) days after the final determination by such mortgagee or ground lessor as to the disbursement of proceeds that Landlord does not elect to fund the amount of the insufficiency and Tenant shall thereafter have the right to terminate this Lease by providing Landlord with a notice of termination within thirty (30) days after Tenant's receipt of Landlord's Award Notice (the effective date of which termination shall not be less than sixty (60) days after the date of notice of such termination) . If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, TenantOperating Expenses Allocable to the Premises and Landlord's share of operating costs and Tenant's share of real estate taxes Tax Expenses Allocable to the Premises shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 4 contracts

Samples: Lease (Irobot Corp), Agreement (Irobot Corp), Agreement (Irobot Corp)

Rights of Termination for Taking. If the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for Tenant's purposes, shall be taken (including a temporary taking in excess of 180 days) by condemnation or right of eminent domaindomain or sold in lieu of condemnation, Landlord or Tenant shall have the right may elect to terminate this Lease by giving notice to the other of its desire to do so, provided that such notice is given election not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building (which may include the Premises) or the Lot shall be so taken taken, condemned or sold or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi-public authority such that continued operation of the Building would same would, in Xxxxxxxx's opinion, be uneconomic as a result of the takinguneconomical, Landlord shall have the right may elect to terminate this Lease by giving notice to Tenant of Landlord's desire to do so such election not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the effective date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftaking. Should any part of the Premises be so taken or condemned during the Lease Term hereof, or receive such damage and should this Lease be not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, shall promptly after the determination of Landlord's award on account thereof, expend so much as may be necessary of the net amount of which may be awarded to Landlord in such condemnation proceeds available to Landlord, to use due diligence to put what may remain of proceedings in restoring the Premises into proper condition for use and occupation as nearly like to an architectural unit that is reasonably suitable to the condition uses of the Premises prior to such taking as shall be practicable (excluding Tenant's Property)Tenant permitted hereunder. Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of Should the net condemnation proceeds made available amount so awarded to it. If Landlord be insufficient to cover the Premises shall be affected by any exercise cost of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of so restoring the Premises, in the reasonable estimate of Landlord, Landlord may, but shall have no obligation to, supply the amount of such insufficiency and restore the Premises to such an architectural unit, with all reasonable diligence, or Landlord may terminate this Lease by giving notice to Tenant within a just proportion reasonable time after Landlord has determined the estimated cost of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Termsuch restoration.

Appears in 3 contracts

Samples: Letter Agreement (IntraLinks Holdings, Inc.), Term Commencement Date Agreement (IntraLinks Holdings, Inc.), Lease Agreement (Puma Technology Inc)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 3 contracts

Samples: Agreement (Fleetmatics Group PLC), Lease Agreement (Vistaprint LTD), Vistaprint LTD

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building or Prudential Center shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site Premises as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be abated for the remainder of the Lease Term.

Appears in 3 contracts

Samples: Lease Agreement (SEMrush Holdings, Inc.), Lease Agreement (SEMrush Holdings, Inc.), Flex Pharma, Inc.

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. , If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken) provided that the leases of all other tenants in the Building similarly affected by the taking at issue are concurrently terminated (to the extent permitted under the terms of Landlord’s leases with such tenants). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, after the determination of the net amount of condemnation proceeds available to Landlord, to use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 2 contracts

Samples: Agreement (Proteon Therapeutics Inc), Agreement (Proteon Therapeutics Inc)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof and neither party shall have any further liability except as expressly stated herein to so survive such expiration or earlier termination hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant Xxxxxx has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL) Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes Rent shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes Rent shall be abated for the remainder of the Lease Term.

Appears in 2 contracts

Samples: Lease (Fractyl Health, Inc.), Lease (Fractyl Health, Inc.)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). Landlord agrees not to exercise such termination right in a discriminatory manner insofar as any election Landlord makes, or refrains from making, pursuant to any termination right Landlord may have with respect to other tenants of the Building whose premises are similarly affected. If Landlord shall give such noticenotice to Tenant hereunder, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are otherwise insufficient for, the foregoingrestoration of the Building (and/or the Site) and if Landlord does not otherwise elect to spend the additional funds necessary to fully restore the Building (and/or the Site), then Landlord shall give notice (“Landlord’s Insufficient Condemnation Proceeds Notice”) to Tenant that Landlord does not elect to fund the amount of the insufficiency and Tenant shall thereafter have the right to terminate this Lease by providing Landlord with a notice of termination within thirty (30) days after Tenant’s receipt of Landlord’s Insufficient Condemnation Proceeds Notice (the effective date of which termination shall not be obligated to expend for less than sixty (60) days after the date of such repair and restoration any amount in excess notice of the net condemnation proceeds made available to itsuch termination). If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be abated for the remainder of the Lease Term.

Appears in 2 contracts

Samples: Agreement (Akamai Technologies Inc), Agreement (Akamai Technologies Inc)

Rights of Termination for Taking. If all of the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for Tenant's purposesthe Permitted Uses, or if all reasonable access to the Premises, shall be taken (including a temporary taking in excess of 360 days) by condemnation or right of eminent domaindomain or sold in lieu of condemnation, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right may elect to terminate this Lease by giving notice to Tenant Landlord of Landlord's desire to do so such election not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof portion) or after its access to the Premises has been so affected, as the case may be. Further, if (a) at least 25 percent of the Building or the Lot or (b) so much of the Building (which may, but need not include, the Premises) or the Lot shall be so taken), condemned or sold or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi-public authority to the extent that continued operation of the same would, in Landlord’s reasonable opinion, be uneconomical, then, in either case, Landlord may elect to terminate this Lease by giving notice to Tenant of such election not later than thirty (30) days after the effective date of such taking. If Landlord In addition, if at least 33% of the Premises shall give such noticebe so taken, then Tenant may elect to terminate this Lease by giving notice to Landlord of such election not later than ninety (90) days after the effective date of such taking. This Lease shall terminate on the date that such notice is given to the other party, and the Rent shall be prorated and adjusted as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftermination date. Should any part of the Premises or the aforesaid access be so taken or condemned during the Lease Term hereof, or receive such damage and should this Lease be not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, shall promptly after the determination of Landlord’s award on account thereof, expend so much as may be necessary of the net amount of which may be awarded to and actually received by Landlord in such condemnation proceeds available to Landlord, to use due diligence to put what may remain of proceedings in restoring the Premises into proper condition for use (other than any Alterations) and occupation as nearly like such access to an architectural unit that is reasonably suitable to the condition uses of Tenant permitted hereunder. Should the Premises prior net amount so awarded to such taking as shall and actually received by Landlord be practicable (excluding Tenant's Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any insufficient by an amount in excess of $50,000 to cover the net condemnation proceeds made available to it. If cost of so restoring the Premises or the aforesaid access, in the reasonable estimate of Landlord, Landlord may, but shall be affected have no obligation to, supply the amount of such insufficiency and restore the Premises to such an architectural unit, with all reasonable diligence, or Landlord may terminate this Lease by any exercise giving notice to Tenant within a reasonable time after Landlord has determined the estimated cost of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Termsuch restoration.

Appears in 2 contracts

Samples: Possession and Attornment Agreement (LogMeIn, Inc.), Non Disturbance and Attornment Agreement (LogMeIn, Inc.)

Rights of Termination for Taking. If the entire BuildingOffice Area or the Premises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, as reasonably determined by Tenant, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived given written notice of possessionsuch taking. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much a substantial portion of the Building Office Area or Project shall be so taken that continued operation of the Building Office Area would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken)) provided that Landlord terminates the leases of tenants comprising at least 75% of the rentable area of the Office Area. If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site Premises as part of the demised premises Premises allows the net condemnation proceeds to be applied to the restoration of the BuildingOffice Area, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall promptly commence and thereafter use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs Operating Expenses Allocable to the Premises and Tenant's share of real estate taxes the Tax Excess shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs Operating Expenses Allocable to the Premises and Tenant's share of real estate taxes the Tax Excess shall be abated for the remainder of the Lease Term.

Appears in 2 contracts

Samples: Agreement (Decibel Therapeutics, Inc.), Agreement (Decibel Therapeutics, Inc.)

Rights of Termination for Taking. If the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for Tenant's ’s purposes, shall be taken (including a temporary taking in excess of 180 days) by condemnation or right of eminent domaindomain or sold in lieu of condemnation, Landlord or Tenant shall have the right may elect to terminate this Lease by giving notice to the other of its desire to do so, provided that such notice is given election not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building (which may include the Premises) or the Lot shall be so taken taken, condemned or sold or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi-public authority such that continued operation of the Building same would be uneconomic as a result of the takinguneconomical, Landlord shall have the right or Tenant may elect to terminate this Lease by giving notice to Tenant the other party of Landlord's desire to do so such election not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the effective date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftaking. Should any part of the Premises be so taken or condemned during the Lease Term hereof, or receive such damage and should this Lease be not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, shall promptly after the determination of Landlord’s award on account thereof, expend so much as may be necessary of the net amount which may be awarded to Landlord in such condemnation proceedings in restoring the Premises to an architectural unit that is reasonably suitable to the uses of condemnation proceeds available Tenant permitted hereunder. Should the net amount so awarded to Landlord be insufficient to cover the cost of so restoring the Premises, in the reasonable estimate of Landlord, Landlord may, but shall have no obligation to, supply the amount of such insufficiency and restore the Premises to use due diligence such an architectural unit, with all reasonable diligence, or Landlord may terminate this Lease by giving notice to put what Tenant within a reasonable time after Landlord has determined the estimated cost of such restoration; provided that Landlord may remain not terminate this Lease unless Landlord similarly terminates the leases of other tenants in the Building aggregating at least 80% of the Premises into proper condition for use and occupation as nearly like the condition portion of the Premises Building immediately prior to such taking as or condemnation. If Landlord has not restored the Premises to the extent required under this Section 13.1 within nine (9) months after the date of such taking, such nine-month period to be extended to the extent of any delays of the completion of such restoration due to matters beyond Landlord's reasonable control, or if the Premises or any portion thereof shall be practicable taken during the last twelve (excluding 12) months of the Lease Term then, in either such case, Tenant may elect to terminate this Lease by giving written notice of such election to Landlord within thirty (30) days after the end of such nine-month period or, if during the last twelve (12) months, at the time of the taking and before the substantial completion of such restoration, as the case may be. If Tenant so elects to terminate this Lease, then this Lease and the term hereof shall cease and come to an end as if such expiration date were the original expiration date of this Lease on the date that is thirty (30) days after the date that Landlord receives Tenant's Property)termination notice, unless on or before such date Landlord has substantially completed such restoration. Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair warrants and restoration represents that it is unaware of any amount in excess currently pending or potential governmental takings or planned takings of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 2 contracts

Samples: Office Lease Agreement (Mannkind Corp), Office Lease Agreement (Valeritas Holdings Inc.)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 2 contracts

Samples: Oasis Semiconductor Inc, Netegrity Inc

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render Tender the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs Operating Expenses and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 2 contracts

Samples: Burlington Mall Road (Flexion Therapeutics Inc), Burlington Mall Road (Flexion Therapeutics Inc)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes’s purposes in Tenant’s reasonable business judgment, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date that Tenant is deprived of such notice possession with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if (x) the entire Building shall be taken or (y) so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date that Tenant is deprived of such notice possession with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 2 contracts

Samples: Lease (Amag Pharmaceuticals, Inc.), Work Agreement (Amag Pharmaceuticals Inc.)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic uneconomic, as determined by Landlord in its reasonable discretion, as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). Landlord agrees not to exercise such termination right in a discriminatory manner insofar as any election Landlord makes, or refrains from making, pursuant to any termination right Landlord may have with respect to other tenants of the Building whose premises are similarly affected. If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are otherwise insufficient for, the foregoingrestoration of the Building (and/or the Site) and if Landlord does not otherwise elect to spend the additional funds necessary to fully restore the Building (and/or the Site), then Landlord shall give notice (“Landlord’s Insufficient Condemnation Proceeds Notice”) to Tenant that Landlord does not elect to fund the amount of the insufficiency and Tenant shall thereafter have the right to terminate this Lease by providing Landlord with a notice of termination within thirty (30) days after Tenant’s receipt of Landlord’s Insufficient Condemnation Proceeds Notice (the effective date of which termination shall not be obligated to expend for less than sixty (60) days after the date of such repair and restoration any amount in excess notice of the net condemnation proceeds made available to itsuch termination). If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 2 contracts

Samples: Lease (Care.com Inc), Lease (Care.com Inc)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, after the determination of the net amount of condemnation proceeds available to Landlord, to use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs Operating Expenses and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Lease (Inotek Pharmaceuticals Corp)

Rights of Termination for Taking. If the entire Building, the Garage, or such portion of the Premises thereof or access thereto as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable or inadequate for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building Building, the Garage, or access to either shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site Premises as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs Additional Rent and Tenant's share of real estate taxes other charges due under the Lease shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs Additional Rent and Tenant's share of real estate taxes other charges due under the Lease shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Federal Home Loan Bank of Boston

Rights of Termination for Taking. If the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for Tenant's ’s purposes, shall be taken (including a temporary taking in excess of 360 days) by condemnation or right of eminent domaindomain or sold in lieu of condemnation, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right may elect to terminate this Lease by giving notice to Tenant the other of Landlord's desire to do so such election not later than thirty (30) days after Tenant has been deprived of possession of the Premises Premises. Further, if so much of the Building (which may, but need not include, the Premises) or such portion thereof as the Lot shall be so taken, condemned or sold or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi-public authority to the extent that continued operation of the same would, in Landlord’s opinion, be uneconomical, Landlord may be taken). If Landlord shall give such notice, then elect to terminate this Lease shall terminate as by giving notice to Tenant of such election not later than thirty (30) days after the effective date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftaking. Should any part of the Premises be so taken or condemned during the Lease Term hereof, or receive such damage and should this Lease be not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, shall promptly after the determination of Landlord’s award on account thereof, expend so much as may be necessary of the net amount of which may be awarded to Landlord in such condemnation proceeds available to Landlord, to use due diligence to put what may remain of proceedings in restoring the Premises into proper condition for use and occupation as nearly like to an architectural unit that is reasonably suitable to the condition uses of the Premises prior to such taking as shall be practicable (excluding Tenant's Property)Tenant permitted hereunder. Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of Should the net condemnation proceeds made available amount so awarded to it. If Landlord be insufficient to cover the Premises shall be affected by any exercise cost of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of so restoring the Premises, in the reasonable estimate of Landlord, Landlord may, but shall have no obligation to, supply the amount of such insufficiency and restore the Premises to such an architectural unit, with all reasonable diligence, or Landlord may terminate this Lease by giving notice to Tenant within a just proportion reasonable time after Landlord has determined the estimated cost of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Termsuch restoration.

Appears in 1 contract

Samples: Lease (Management Network Group Inc)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if (i) so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result determined by Landlord in its reasonable discretion or (ii) access to the Building shall be taken (such that Tenant and other tenants of the takingBuilding do not have any practical means of access to their premises for purposes of use and occupancy of at least fifty percent (50%) of the Total Rentable Floor Area of the Building), Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). Xxxxxxxx agrees not to exercise such termination right in a discriminatory manner insofar as any election Landlord makes, or refrains from making, pursuant to any termination right Landlord may have with respect to other tenants of the Building whose premises are similarly affected. If Landlord shall give such noticenotice to Tenant hereunder, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are otherwise insufficient for, the foregoingrestoration of the Building (and/or the Site) and if Landlord does not otherwise elect to spend the additional funds necessary to fully restore the Building (and/or the Site), then Landlord shall give notice (“Landlord’s Insufficient Condemnation Proceeds Notice”) to Tenant that Landlord does not elect to fund the amount of the insufficiency and Tenant shall thereafter have the right to terminate this Lease by providing Landlord with a notice of termination within thirty (30) days after Xxxxxx’s receipt of Landlord’s Insufficient Condemnation Proceeds Notice (the effective date of which termination shall not be obligated to expend for less than sixty (60) days after the date of such repair and restoration any amount in excess notice of the net condemnation proceeds made available to itsuch termination). If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Agreement (A123 Systems, Inc.)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes’s purposes in Tenant’s reasonable business judgment, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date that Tenant is deprived of such notice possession with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, (x) the entire Building shall be taken or (y) if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date that Tenant is deprived of such notice possession with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Waltham, Massachusetts (Allovir, Inc.)

Rights of Termination for Taking. If Except as hereinafter provided in Section 14.4 hereof, if the entire Building, Premises or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposespurposes as determined by Tenant acting reasonably and in good faith, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other Landlord of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party Tenant shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of or if the takingentire Building is so taken, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's Property). Unless such work is completed within ten (10) months from the date of such determination, such period to be subject, however, to extension where the delay in completion of such work is due to causes beyond Landlord's reasonable control (but in no event beyond thirteen (13) months from the date of the taking), Tenant shall have the right to terminate this Lease at any time after the expiration of such ten (10) month (as extended) period until such work is substantially completed, such termination to take effect as of the thirtieth (30th) day after the date of receipt by Landlord of Tenant's notice, with the same force and effect as if such date were the date originally established as the expiration date hereof unless, within such thirty (30) day period such work is substantially completed, in which case Tenant's notice of termination shall be of no force and effect and this Lease and the Lease Term shall continue in full force and effect. Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to itproceeds. If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs the Tenants Operating Cost Payments and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs Operating Cost Payments and Tenant's Tenants share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Streamline Inc

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Agreement (TESARO, Inc.)

Rights of Termination for Taking. If the entire BuildingBuilding (including the Garage) or the Lot or access thereto, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domaindomain (a “Taking”), Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building or Lot or access thereto shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant Xxxxxx has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site Premises as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domainTaking and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs Operating Expenses Allocable to the Premises, Landlord’s Tax Expenses Allocable to the Premises and Tenant's share of real estate taxes Additional Rent for the parking privileges shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs Operating Expenses Allocable to the Premises, Landlord’s Tax Expenses Allocable to the Premises and Tenant's share of real estate taxes Additional Rent for the parking privileges shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Commencement Date Agreement (Akamai Technologies Inc)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building Property shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site Premises as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not 200 Xxxxxxxxx Xxxxxx – Advent Technologies be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, the Tenant's share of operating costs ’s Operating Cost Payment and the Tenant's share of real estate taxes ’s Tax Payment shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, the Tenant's share of operating costs ’s Operating Cost Payment and the Tenant's share of real estate taxes ’s Tax Payment shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Work Agreement (Advent Technologies Holdings, Inc.)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site Premises as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs Operating Expenses Allocable to the Premises and Tenant's share of real estate taxes Landlord’s Tax Expenses Allocable to the Premises shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs Operating Expenses Allocable to the Premises and Tenant's share of real estate taxes Landlord’s Tax Expenses Allocable to the Premises shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: X4 Pharmaceuticals, Inc

Rights of Termination for Taking. If the entire Building, or such portion of the Premises or the Site as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building or the Site shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs Operating Expenses Allocable to the Premises, and Tenant's share of real estate taxes ’s Tax Payment shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Hayden Avenue (Dicerna Pharmaceuticals Inc)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes, ’s purposes shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. In addition, if twenty-five percent (25%) or more of the parking areas serving the Building shall be taken by condemnation or right of eminent domain and Landlord is unable to provide Tenant, within ninety (90) days after the effective date of such taking, with a substitute location for parking (at the Original Parking Ratio) within a reasonable proximity to the Building, then Tenant may terminate this Lease by notice to Landlord of its desire to do so, provided that such notice is given no earlier than ninety (90) nor later than one hundred twenty (120) days after the effective date of such taking. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken); provided that in the event of such termination, Landlord shall also terminate all other tenant leases in affected portions of the Building that contain similar termination rights. If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's Property’s Property but including Tenant’s Alterations to the extent compensation therefor has been considered in Landlord’s award and has not been recovered by Tenant pursuant to Section 6.4). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are insufficient for, the restoration of the Building and if Landlord does not otherwise elect to restore the Building, then Landlord shall give prompt notice to Tenant terminating this Lease, the effective date of which termination shall not be less than sixty (60) days after the date of notice of such termination; provided, however, that Landlord shall only be permitted to terminate this Lease on account of such taking if Landlord terminates the leases of all other tenants in the Building similarly affected by the taking (where Landlord has a termination right thereunder). If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs ’s Operating Expenses Payment and Tenant's share of real estate taxes ’s Tax Payment shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs ’s Operating Expenses Payment, Tenant’s Tax Payment and Tenant's share of real estate taxes ’s Electricity Payment shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Phase Forward Inc

Rights of Termination for Taking. If the entire Building, or such portion of the Premises -------------------------------- thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's desire to do so not later than thirty (30) days after Tenant has been deprived derived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Notwithstanding the foregoing, Landlord agrees not to terminate this Lease as a result of such a taking unless Landlord terminates substantially all of the other tenants in the Building. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding any furniture, fixtures or equipment of Tenant's Property, or any other items installed or paid for by Tenant). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to itproceeds. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by TenantTenant (measured in terms of rentable square feet); and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be abated for the remainder of the Lease TermTerm (measured in terms of rentable square feet).

Appears in 1 contract

Samples: Consent Agreement (On Technology Corp)

Rights of Termination for Taking. If (a) the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in under the circumstances) unsuitable for TenantLessee's purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant then Lessor and Lessee shall each have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty or (30b) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as a substantial portion of the date of such notice with parking facilities servicing the same force and effect as if such date were Premises, or convenient access from a public way to the date originally established as buildings in which the expiration date hereof. FurtherPremises are situated, if so much of the Building shall be so taken that continued operation by condemnation or right of the Building would be uneconomic as a result of the taking, Landlord eminent domain then Lessee shall have the right to terminate this Lease by giving notice to Tenant of Landlord's desire to do so not Lessor, provided that any such notice shall be given no later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date occurrence of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftaking or act of eminent domain. Should any part of the Premises be so taken or condemned during and such taking or condemnation occurs after the Lease commencement of the Term hereofor Extension Term of this Lease, and should this Lease not be terminated in accordance with the foregoing provisionsprovision, Lessor agrees promptly after such taking or condemnation and the holder determination of any mortgage which includes the Premises Lessor's award on account thereof to expend so much as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to may be applied to the restoration of the Building, Landlord agrees, after the determination necessary of the net amount of which may be awarded to Lessor in such condemnation proceeds available proceedings to Landlordrestore (consistent, to use due diligence to put what may remain of however, with zoning laws and building codes then in existence) the Premises into proper condition for use and occupation to an architectural unit as nearly like the their condition of the Premises prior to such taking as shall be practicable (excluding Tenantor to restore the parking facilities or access to the buildings in which the Premises are situated, as the case may be. Should the net amount so awarded to Lessor be insufficient to cover the cost of such restoration, Lessor or Lessee may, but shall have no obligation to, supply the amount of such insufficiency and proceed with such restoration with all reasonable diligence, or Lessor may terminate this Lease by giving notice to Lessee not later than a reasonable time after Lessor has determined the estimated net amount which may be awarded to Lessor and the estimated cost of such restoration. In the event that Lessor shall terminate the Lease as provided in this Section 14.1, Lessor shall, promptly after such termination, reimburse Lessee for the unamortized value of Lessee's Property)leasehold improvements and fixtures. Notwithstanding If Lessor shall restore the foregoingPremises as provided in this Section 14.1, Landlord Lessee shall not be obligated required to expend open for such repair business and restoration any amount in excess pay Rent until thirty (30) days after Lessor delivers possession of the net condemnation proceeds made available restored Premises to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease TermLessee.

Appears in 1 contract

Samples: Iparty Corp

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if (x) the entire Building shall be taken or (y) so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are insufficient for, the restoration of the Building and if Landlord does not otherwise elect to restore the Building, then Landlord shall give prompt notice to Tenant terminating this Lease, the effective date of which termination shall not be less than sixty (60) days after the date of notice of such termination. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term. Notwithstanding anything to the contrary in this Lease, either express or implied, any right of Landlord to terminate said Lease under this Article 6 on account of fire or other casualty, or on account of eminent domain or a taking, that in any event affects a portion of the Building or Property (regardless of whether or not the Premises are affected) shall be in all events subject to Landlord not selectively discriminating against Tenant by terminating Tenant, but not likewise terminating the leases of at least eighty percent (80%) of tenants and/or occupants of the portion(s) of the Building or Property affected to an equal or greater extent than the Premises and for which Landlord has the express right to terminate. Notwithstanding anything to the contrary in this Lease, either express or implied, in addition to Tenant’s right to terminate as provided herein, Tenant shall have the additional right, but without any obligation to do so, to terminate this Lease if a material portion of the Premises has been damaged by Casualty during the final year of the Term (taking into account any extension option exercised by Tenant) that is not estimated by Landlord to be restored with at least nine (9) months following such restoration, remaining in the Lease Term.

Appears in 1 contract

Samples: Lionbridge Technologies Inc /De/

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced from the date that physical possession is actually taken according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Commencement Date Agreement (Indevus Pharmaceuticals Inc)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building or Site shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Agreement (Dynatrace Holdings LLC)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises or the Common Areas of the Office Park required to access the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Agreement (Arsanis, Inc.)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes’s purposes in Tenant’s commercially reasonable business judgment, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if (x) the entire Building shall be taken or (y) so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share ’s Share of operating costs Operating Expenses and Tenant's share ’s Share of real estate taxes Real Estate Taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share ’s Share of operating costs Operating Expenses and Tenant's share ’s Share of real estate taxes Real Estate Taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: TScan Therapeutics, Inc.

Rights of Termination for Taking. If (i) the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes, purposes or (ii) access to the Site or more than fifteen percent (15%) of the parking spaces serving the Building as of the date of such taking (and such parking spaces are not replaced within 90 days of the taking in an area within a reasonable distance from the Building) shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate tenninate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either Ifeither party shall give such notice, then this then.tl1is Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken); provided that in the event of such termination, Landlord shall also terminate all oilier tenant leases in affected portions of the Building that contain similar termination rights. If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice snch.notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder bolder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the ilie Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the ilie determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are insufficient for, the restoration of the Building and if Landlord does not oilierwise elect to restore the Building, then Landlord shall give prompt notice to Tenant terminating this Lease, the effective date of which termination shall not be less than sixty (60) days after the date of notice of such termination. Ifthe Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs Operating Expenses Payment and Tenant's share of real estate taxes Tax Payment shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion prop01tion of the Annual Fixed Rent, Tenant's share of operating costs Operating Expenses Payment and Tenant's share of real estate taxes Tax Payment shall be abated for the remainder of the Lease Term.Tenn.

Appears in 1 contract

Samples: Agreement of Sublease (Care.com Inc)

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Rights of Termination for Taking. If the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for Tenant's ’s purposes, shall be taken (including a temporary taking in excess of 180 days) by condemnation or right of eminent domaindomain or sold in lieu of condemnation, Landlord or Tenant shall have the right may elect to terminate this Lease by giving notice to the other of its desire to do so, provided that such notice is given election not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building (which may include the Premises) or the Lot shall be so taken taken, condemned or sold or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi-public authority such that continued operation of the Building would same would, in Xxxxxxxx’s opinion, be uneconomic as a result of the takinguneconomical, Landlord shall have the right may elect to terminate this Lease by giving notice to Tenant of Landlord's desire to do so such election not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the effective date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftaking. Should any part of the Premises be so taken or condemned during the Lease Term hereof, or receive such damage and should this Lease be not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, shall promptly after the determination of Landlord Is award on account thereof, expend so much as may be necessary of the net amount of which may be awarded to Landlord in such condemnation proceeds available to Landlord, to use due diligence to put what may remain of proceedings in restoring the Premises into proper condition for use and occupation as nearly like to an architectural unit that is reasonably suitable to the condition uses of the Premises prior to such taking as shall be practicable (excluding Tenant permitted hereunder, based on plans that are reasonably approved by Tenant's Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of Should the net condemnation proceeds made available amount so awarded to it. If Landlord be insufficient to cover the Premises shall be affected by any exercise cost of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of so restoring the Premises, a just proportion in the reasonable estimate of Landlord, Landlord may, but shall have no obligation to, supply the Annual Fixed Rentamount of such insufficiency and restore the Premises to such an architectural unit, Tenant's share with all reasonable diligence, or Landlord may terminate this Lease by giving notice to Tenant within thirty (30) days after Landlord has determined the estimated cost of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Termsuch restoration.

Appears in 1 contract

Samples: Icad Inc

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, after the determination of the net amount of condemnation proceeds available to Landlord, to use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs 91 Hxxxxxxx Avenue\Leases\T2 Biosystems(B) Operating Expenses and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: T2 Biosystems, Inc.

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building or Prudential Center shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site Premises as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes the Operating Cost Excess an the Tax Excess shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Sublease (Flex Pharma, Inc.)

Rights of Termination for Taking. If the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for Tenant's ’s purposes, shall be taken (including a temporary taking in excess of 180 days) by condemnation or right of eminent domaindomain or sold in lieu of condemnation, Landlord or Tenant shall have the right Ten- ant may elect to terminate this Lease by giving notice to the other of its desire to do so, provided that such notice is given election not later than thirty (30) days after af- ter Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building (which may include the Premises) or the Lot shall be so taken taken, condemned or sold or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi- public authority such that continued operation of the Building would same would, in Xxxxxxxx’s opinion, be uneconomic as a result of the takinguneconomical, Landlord shall have the right may elect to terminate this Lease by giving notice to Tenant of Landlord's desire to do so such election not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the effective date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftaking. Should any part of the Premises be so taken or condemned during the Lease Term hereof, or receive such damage and should this Lease be not be terminated ter- minated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, shall promptly after the determination of Landlord’s award on account thereof, expend so much as may be necessary of the net amount of which may be awarded to Land- lord in such condemnation proceeds available to Landlord, to use due diligence to put what may remain of proceedings in restoring the Premises into proper condition for use and occupation as nearly like to an architectural unit that is reasonably suitable to the condition uses of the Premises prior to such taking as shall be practicable (excluding Tenant's Property)Tenant permitted hereunder. Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of Should the net condemnation proceeds made available amount so awarded to it. If Landlord be insufficient to cover the Premises shall be affected by any exercise cost of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of so restoring the Premises, in the reasonable estimate of Landlord, Landlord may, but shall have no obligation to, supply the amount of such insufficiency and restore the Premises to such an architectural unit, with all reasonable diligence, or Landlord may terminate this Lease by giving notice to Tenant within a just proportion reasonable time after Landlord has determined the estimated cost of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Termsuch restoration.

Appears in 1 contract

Samples: Agreement

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of 0000 Xxxx Xxxxxx Xxxxxx Xxxxxxxx, Inc. Lease such possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. In addition, if twenty-five percent (25%) or more of the parking facilities on the Property shall be taken by condemnation or right of eminent domain and Landlord is unable to provide Tenant, within ninety (90) days after the effective date of such taking, with a substitute location for parking (at the Number of Parking Spaces set forth in Section 1.2) within a reasonable proximity to the Building, then Tenant may terminate this Lease by notice to Landlord of its desire to do so, provided that such notice is given no earlier than ninety (90) nor later than one hundred twenty (120) days after the effective date of such taking. Further, if so much of the Building or the Complex shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site Premises as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, TenantOperating Expenses Allocable to the Premises and Landlord's share of operating costs and Tenant's share of real estate taxes Tax Expenses Allocable to the Premises shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, TenantOperating Expenses Allocable to the Premises and Landlord's share of operating costs and Tenant's share of real estate taxes Tax Expenses Allocable to the Premises shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Lease (Markforged Holding Corp)

Rights of Termination for Taking. If the entire Building, Premises or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for Tenant's purposes, shall be taken (including a temporary taking in excess of 180 days) by condemnation or right of eminent domaindomain or sold in lieu of condemnation, Landlord or Tenant shall have the right may elect to terminate this Lease by giving notice to the other of its desire to do so, provided that such notice is given election not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building Premises shall be so taken taken, condemned or sold or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi- public authority such that continued operation of the Building would same would, in Landlord's opinion, be uneconomic as a result of the takinguneconomical, Landlord shall have the right may elect to terminate this Lease by giving notice to Tenant of Landlord's desire to do so such election not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the effective date of such notice with the same force taking. The Landlord shall have and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereofhereby reserves and excepts, and should this Lease not be terminated in accordance with the foregoing provisions, Tenant hereby grants and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, after the determination of the net amount of condemnation proceeds available assigns to Landlord, all rights to use due diligence recover for damages to put what may remain of the Premises into proper condition and the leasehold interest hereby created, and to compensation accrued or hereafter to accrue by reason of such taking or damage, as aforesaid. The Tenant covenants to deliver such further assignments and assurances thereof as Landlord may from time to time request. Nothing contained herein shall be construed to prevent Tenant from prosecuting in any condemnation proceedings a claim for use and occupation as nearly like the condition value of any of Tenant's personal property installed in the Premises prior to such taking as shall be practicable (excluding by Tenant at Tenant's Property)expense and for relocation and increased occupancy and operating expenses, provided that such action shall not affect the amount of compensation otherwise recoverable hereunder by Landlord from the taking authority. Notwithstanding the foregoingIn any action brought by Landlord with regard to any taking, Landlord shall will not be obligated to expend for such repair and restoration any amount in excess claim as damages the value of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of personal property maintained within the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Lease (Dynasil Corp of America)

Rights of Termination for Taking. If the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for the Tenant's purposes, shall be taken by condemnation or right of eminent domaindomain (including a temporary taking in excess of 180 days), the Landlord or the Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after the Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building (which may include the Premises) of the Lot shall be so taken or condemned or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi-public authority such that continued operation of the Building would same would, in the Landlord's reasonable opinion, be uneconomic as a result of uneconomical, the taking, Landlord shall have the right to terminate this Lease by giving notice to the Tenant of the Landlord's desire so to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the effective date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftaking. Should any part of the Premises be so taken or condemned during the Lease Term hereof, or receive such damage and should this Lease be not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, shall promptly after the determination of the net amount of condemnation proceeds available to Landlord's award on account thereof, to use due diligence to put what expend so much as may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess necessary of the net amount which may be awarded to the Landlord in such condemnation proceeds made available to it. If proceedings in restoring the Premises shall be affected by any exercise to an architectural unit that is reasonably suitable to the uses of the power of eminent domain, then Tenant permitted hereunder. Should the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according net amount so awarded to the nature and extent Landlord be insufficient to cover the cost of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of so restoring the Premises, a just proportion in the reasonable estimate of the Annual Fixed RentLandlord, Tenant's share the Landlord may, but shall have no obligation to, supply the amount of operating costs such insufficiency and Tenant's share restore the premises to such an architectural unit, with reasonable diligence, or may terminate this Lease by giving notice to the Tenant not later than a reasonable time after the Landlord has determined the estimated cost of real estate taxes shall be abated for the remainder of the Lease Termsuch restoration.

Appears in 1 contract

Samples: Industrial Imaging Corp

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building Property shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant Xxxxxx has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site Premises as part of the demised leased premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: 100 Federal Street (Andretti Acquisition Corp.)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if (i) so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result determined by Landlord in its reasonable discretion or (ii) access to the Building shall be taken (such that Tenant and other tenants of the takingBuilding do not have any practical means of access to their premises for purposes of use and occupancy of at least fifty percent (50%) of the Total Rentable Floor Area of the Building), Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). Landlord agrees not to exercise such termination right in a discriminatory manner insofar as any election Landlord makes, or refrains from making, pursuant to any termination right Landlord may have with respect to other tenants of the Building whose premises are similarly affected. If Landlord shall give such noticenotice to Tenant hereunder, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are otherwise insufficient for, the foregoingrestoration of the Building (and/or the Site) and if Landlord does not otherwise elect to spend the additional funds necessary to fully restore the Building (and/or the Site), then Landlord shall give notice (“Landlord’s Insufficient Condemnation Proceeds Notice”) to Tenant that Landlord does not elect to fund the amount of the insufficiency and Tenant shall thereafter have the right to terminate this Lease by providing Landlord with a notice of termination within thirty (30) days after Tenant’s receipt of Landlord’s Insufficient Condemnation Proceeds Notice (the effective date of which termination shall not be obligated to expend for less than sixty (60) days after the date of such repair and restoration any amount in excess notice of the net condemnation proceeds made available to itsuch termination). If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes Landlord’s Tax Expenses Allocable to the Premises and Operating Expenses Allocable to the Premises shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes Landlord’s Tax Expenses Allocable to the Premises and Operating Expenses Allocable to the Premises shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Translate Bio, Inc.

Rights of Termination for Taking. If the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for Tenant's purposes, shall be taken (including a temporary taking in excess of 180 days) by condemnation or right of eminent domaindomain or sold in lieu of condemnation, Landlord or Tenant shall have the right may elect to terminate this Lease by giving notice to the other of its desire to do so, provided that such notice is given election not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building (which may include the Premises) or the Lot shall be so taken taken, condemned or sold or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi- public authority such that continued operation of the Building would same would, in Tenant's reasonable opinion, be uneconomic as a result of the takinguneconomical, Landlord shall have the right or Tenant may elect to terminate this Lease by giving notice to Tenant of Landlord's desire to do so such election not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the effective date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftaking. Should any part of the Premises be so taken or condemned during the Lease Term hereof, or receive such damage and should this Lease be not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, shall promptly after the determination of Landlord's award on account thereof, expend so much as may be necessary of the net amount of which may be awarded to Landlord in such condemnation proceeds available to Landlord, to use due diligence to put what may remain of proceedings in restoring the Premises into proper condition for use and occupation as nearly like to an architectural unit that is reasonably suitable to the condition uses of the Premises prior to such taking as shall be practicable (excluding Tenant's Property)Tenant permitted hereunder. Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of Should the net condemnation proceeds made available amount so awarded to it. If Landlord be insufficient to cover the Premises shall be affected by any exercise cost of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of so restoring the Premises, in the reasonable estimate of Landlord, Landlord may, but shall have no obligation to, supply the amount of such insufficiency and restore the Premises to such an architectural unit, with all reasonable diligence, or Landlord may terminate this Lease by giving notice to Tenant within a just proportion reasonable time after Landlord has determined the estimated cost of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Termsuch restoration.

Appears in 1 contract

Samples: Lease (CMG Information Services Inc)

Rights of Termination for Taking. If the Ifthe entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes, purposes shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. In addition, if twenty-five percent (25%) or more of the parking areas serving the Building shall be taken by condemnation or right of eminent domain and Landlord is unable to provide Tenant, within ninety (90) days after the effective date of such taking, with a substitute location for parking (at the Original Parking Ratio) within a reasonable proximity to the Building, then Tenant may terminate this Lease by notice to Landlord of its desire to do so, provided that such notice is given no earlier than ninety (90) nor later than one hundred twenty ( 120) days after the effective date of such taking. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of LandlordLandlord 's desire to do so not later than tnan thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken); provided that in the event of such termination, Landlord shall also terminate all other tenant leases in affected portions of the Building that contain similar termination rights. If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's PropertyProperty but including Tenant's Alterations to the extent compensation therefor has been considered in Landlord's award and has not been recovered by Tenant pursuant to'Section 6.4). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If Ifsuch net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are insufficient for, the restoration of the Building and if Landlord does not otherwise elect to restore the Building, then Landlord shall give prompt notice to Tenant terminating this Lease, the effective date of which termination shall not be less than sixty (60) days after the date of notice of such termination; provided, however, that Landlord shall only be permitted to terminate this Lease on account of such taking if Landlord termi nates the leases of all other tenants in the Buildi ng similarl y affected by the taking (where Landlord has a termination right thereunder). Ifthe Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs Operating Expenses Payment and Tenant's share of real estate taxes Tax Payment shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs Operating Expenses Payment, Tenant's Tax Payment and Tenant's share of real estate taxes Electricity Payment shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Agreement (Care.com Inc)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic uneconomic, as determined by Landlord in its reasonable discretion, as a result of the taking, and provided that the leases of all other tenants in the Building similarly affected by the taking at issue are concurrently terminated (to the extent permitted under the terms of Landlord's leases with such tenants), Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). Landlord agrees not to exercise such termination right in a discriminatory manner insofar as any election Landlord makes, or refrains from making, pursuant to any termination right Landlord may have with respect to other tenants of the Building whose premises are similarly affected. If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's Property). Notwithstanding If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are otherwise insufficient for, the foregoingrestoration of the Building (and/or the Site) and if Landlord does not otherwise elect to spend the additional funds necessary to fully restore the Building (and/or the Site), then Landlord shall give notice ("Landlord's Insufficient Condemnation Proceeds Notice") to Tenant that Landlord does not elect to fund the amount of the insufficiency and Tenant shall thereafter have the right to terminate this Lease by providing Landlord with a notice of termination within thirty (30) days after Tenant's receipt of Landlord's Insufficient Condemnation Proceeds Notice (the effective date of which termination shall not be obligated to expend for less than sixty (60) days after the date of such repair and restoration any amount in excess notice of the net condemnation proceeds made available to itsuch termination). If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes and electricity payment shall be justly and equitably abated and reduced from the date of such taking according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes and the electricity payment shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Agreement (Care.com Inc)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building Property shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be takentaken provided that Landlord shall also terminate the leases of all other similarly situated tenants under which Landlord has a termination right). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site Premises as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are insufficient for, the restoration of the Building and if Landlord does not otherwise elect to restore the Building, then Landlord shall give prompt notice to Tenant terminating this Lease, the effective date of which termination shall not be less than sixty (60) days after the date of notice of such termination. If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Agreement (Cra International, Inc.)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are insufficient for, the restoration of the Building and if Landlord does not otherwise elect to restore the Building, then Landlord shall give prompt notice to Tenant terminating this Lease, the effective date of which termination shall not be less than sixty (60) days after the date of notice of such termination. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Work Agreement (Radius Health, Inc.)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of specified in such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building or Atlantic Wharf shall be so taken that continued operation of the Building would be uneconomic as a result of the takinguneconomic, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken)) and provided Landlord terminates the leases of all tenants of Atlantic Wharf affected to a comparable degree by such taking. If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site Premises as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Agreement (Brightcove Inc)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if (i) so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result determined by Landlord in its reasonable discretion or (ii) access to the Building shall be taken (such that Tenant and other tenants of the takingBuilding do not have any practical means of access to their premises for purposes of use and occupancy of at least fifty percent (50%) of the Total Rentable Floor Area of the Building), Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). Landlord agrees not to exercise such termination right in a discriminatory manner insofar as any election Landlord makes, or refrains from making, pursuant to any termination right Landlord may have with respect to other tenants of the Building whose premises are similarly affected. If Landlord shall give such noticenotice to Tenant hereunder, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are otherwise insufficient for, the 100 Xxxxxx Xxxxxx – Mimecast Lease restoration of the Building (and/or the Site) and if Landlord does not otherwise elect to spend the additional funds necessary to fully restore the Building (and/or the Site), then Landlord shall give notice (“Landlord’s Insufficient Condemnation Proceeds Notice”) to Tenant that Landlord does not elect to fund the amount of the insufficiency and Tenant shall thereafter have the right to terminate this Lease by providing Landlord with a notice of termination within thirty (30) days after Tenant’s receipt of Landlord’s Insufficient Condemnation Proceeds Notice (the effective date of which termination shall not be less than sixty (60) days after the date of such notice of such termination). If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs Operating Expense Excess and Tenant's share of real estate taxes Tax Excess shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs Operating Expense Excess and Tenant's share of real estate taxes Tax Excess shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Work Agreement (Mimecast LTD)

Rights of Termination for Taking. If the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for Tenant's ’s purposes, shall be taken (including a temporary taking in excess of 180 days) by condemnation or right of eminent domaindomain or sold in lieu of condemnation, Landlord or Tenant shall have the right may elect to terminate this Lease by giving notice to the other of its desire to do so, provided that such notice is given election not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building (which may include the Premises) or the Lot shall be so taken taken, condemned or sold or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi-public authority such that continued operation of the Building would same would, in Landlord’s opinion, be uneconomic as a result of the takinguneconomical, Landlord shall have the right may elect to terminate this Lease by giving notice to Tenant of Landlord's desire to do so such election not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the effective date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftaking. Should any part of the Premises be so taken or condemned during the Lease Term hereof, or receive such damage and should this Lease be not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, shall promptly after the determination of Landlord’s award on account thereof, expend so much as may be necessary of the net amount of which may be awarded to Landlord in such condemnation proceeds available to Landlord, to use due diligence to put what may remain of proceedings in restoring the Premises into proper condition for use and occupation as nearly like to an architectural unit that is reasonably suitable to the condition uses of the Premises prior to such taking as shall be practicable (excluding Tenant's Property)Tenant permitted hereunder. Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of Should the net condemnation proceeds made available amount so awarded to it. If Landlord be insufficient to cover the Premises shall be affected by any exercise cost of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of so restoring the Premises, in the reasonable estimate of Landlord, Landlord may, but shall have no obligation to, supply the amount of such insufficiency and restore the Premises to such an architectural unit, with all reasonable diligence, or Landlord may terminate this Lease by giving notice to Tenant within a just proportion reasonable time after Landlord has determined the estimated cost of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Termsuch restoration.

Appears in 1 contract

Samples: Lease (Metabolix, Inc.)

Rights of Termination for Taking. If the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for the Tenant's purposes, shall be taken by condemnation or right of eminent domaineminent: domain (including a temporary taking in excess of 180 days), the Landlord or the Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after the Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building (which may include the Premises) or the Lot shall be so taken or condemned or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi-public authority such that continued operation of the Building would same would, in the Landlord's reasonable opinion, be uneconomic as a result of uneconomical, the taking, Landlord shall have the right to terminate this Lease by giving notice to the Tenant of the Landlord's desire so to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the effective date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftaking. Should any part of the Premises be so taken or condemned during the Lease Term hereof, or receive such damage and should this Lease be not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, shall promptly after the determination of the net amount of condemnation proceeds available to Landlord's award on account thereof, to use due diligence to put what expend so much as may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess necessary of the net amount which may be awarded to the Landlord in such condemnation proceeds made available to it. If proceedings in restoring the Premises shall be affected by any exercise to an architectural unit that is reasonably suitable to the uses of the power of eminent domain, then Tenant permitted hereunder. Should the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according net amount so awarded to the nature and extent Landlord be insufficient to cover the cost of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of so restoring the Premises, a just proportion in the reasonable estimate of the Annual Fixed RentLandlord, Tenant's share the Landlord may, but shall have no obligation to, supply the amount of operating costs such insufficiency and Tenant's share restore the Premises to such an architectural unit, with reasonable diligence, or may terminate this Lease by giving notice to the Tenant not later than a reasonable time after the Landlord has determined the estimated cost of real estate taxes shall be abated for the remainder of the Lease Termsuch restoration.

Appears in 1 contract

Samples: Matrixone Inc

Rights of Termination for Taking. If the entire Building, or such portion of the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's purposes’s purposes in Tenant’s reasonable business judgment, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date that Tenant is deprived of such notice possession with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if (x) the entire Building shall be taken or (y) so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date that Tenant is deprived of such notice possession with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Hayden Avenue (Amag Pharmaceuticals Inc.)

Rights of Termination for Taking. If the entire BuildingPremises, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) physically unsuitable for Tenant's purposes, shall be taken (including a temporary taking in excess of 180 days) by condemnation or right of eminent domaindomain or sold in lieu of condemnation, Landlord or Tenant shall have the right may elect to terminate this Lease by giving notice to the other of its desire to do so, provided that such notice is given election not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building (which may include the Premises) or the Lot shall be so taken taken, condemned or sold or shall receive any direct or consequential damage by reason of anything done pursuant to public or quasi-public authority such that continued operation of the Building would same would, in Landlord's reasonable opinion, be uneconomic as a result of the takinguneconomical, Landlord shall have the right may elect to terminate this Lease by giving notice to Tenant of Landlord's desire to do so such election not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the effective date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereoftaking. Should any part of the Premises be so taken or condemned during the Lease Term hereof, or receive such damage and should this Lease be not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, shall promptly after the determination of Landlord's award on account thereof, expend so much as may be necessary of the net amount of which may be awarded to Landlord in such condemnation proceeds available to Landlord, to use due diligence to put what may remain of proceedings in restoring the Premises into proper condition for use and occupation as nearly like to an architectural unit that is reasonably suitable to the condition uses of the Premises prior to such taking as shall be practicable (excluding Tenant's Property)Tenant permitted hereunder. Notwithstanding the foregoing, Landlord shall not be obligated to expend for such repair and restoration any amount in excess of Should the net condemnation proceeds made available amount so awarded to it. If Landlord be insufficient to cover the Premises shall be affected by any exercise cost of the power of eminent domain, then the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of so restoring the Premises, in the reasonable estimate of Landlord, Landlord may, but shall have no obligation to, supply the amount of such insufficiency and restore the Premises to such an architectural unit, with all reasonable diligence, or Landlord may terminate this Lease by giving notice to Tenant within a just proportion reasonable time after Landlord has determined the estimated cost of the Annual Fixed Rent, Tenant's share of operating costs and Tenant's share of real estate taxes shall be abated for the remainder of the Lease Termsuch restoration.

Appears in 1 contract

Samples: Lease (Datawatch Corp)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises thereof as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if (i) so much of the Building shall be so taken that continued operation of the Building would be uneconomic as a result determined by Landlord in its reasonable discretion or (ii) access to the Building shall be taken (such that Tenant and other tenants of the takingBuilding do not have any practical means of access to their premises for purposes of use and occupancy of at least fifty percent (50%) of the Total Rentable Floor Area of the Building), Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). Landlord agrees not to exercise such termination right in a discriminatory manner insofar as any election Landlord makes, or refrains from making, pursuant to any termination right Landlord may have with respect to other tenants of the Building whose premises are similarly affected. If Landlord shall give such noticenotice to Tenant hereunder, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding If such net condemnation proceeds are not allowed by such mortgagee or ground lessor to be applied to, or are otherwise insufficient for, the foregoingrestoration of the Building (and/or the Site) and if Landlord does not otherwise elect to spend the additional funds necessary to fully restore the Building (and/or the Site), then Landlord shall give notice (“Landlord’s Insufficient Condemnation Proceeds Notice”) to Tenant that Landlord does not elect to fund the amount of the insufficiency and Tenant shall thereafter have the right to terminate this Lease by providing Landlord with a notice of termination within thirty (30) days after Tenant’s receipt of Landlord’s Insufficient Condemnation Proceeds Notice (the effective date of which termination shall not be obligated to expend for less than sixty (60) days after the date of such repair and restoration any amount in excess notice of the net condemnation proceeds made available to itsuch termination). If the Premises shall be affected by any exercise of the power of eminent domaindomain and neither Landlord nor Tenant shall terminate this Lease as provided above, then the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's share of operating costs the Operating Cost Excess and Tenant's share of real estate taxes the Tax Excess shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Agreement (Constant Contact, Inc.)

Rights of Termination for Taking. If the entire Building, or such portion of the Premises or access to the Premises as to render the balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for Tenant's ’s purposes, shall be taken by condemnation or right of eminent domain, . Landlord or Tenant shall have the right to terminate this Lease by notice to the other of its desire to do so, provided that such notice is given not later than thirty (30) days after Tenant has been deprived of possession. If either party shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Further, if so much of the Building or Site shall be so taken that continued operation of the Building would be uneconomic as a result of the taking, Landlord shall have the right to terminate this Lease by giving notice to Tenant of Landlord's ’s desire to do so not later than thirty (30) days after Tenant has been deprived of possession of the Premises (or such portion thereof as may be taken). If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof. Should any part of the Premises be so taken or condemned during the Lease Term hereof, and should this Lease not be terminated in accordance with the foregoing provisions, and the holder of any mortgage which includes the Premises as part of the mortgaged premises or any ground lessor of any ground lease which includes the Site as part of the demised premises allows the net condemnation proceeds to be applied to the restoration of the Building, Landlord agrees, agrees that after the determination of the net amount of condemnation proceeds available to Landlord, to Landlord shall use due diligence to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable (excluding Tenant's ’s Property). Notwithstanding the foregoing, . Landlord shall not be obligated to expend for such repair and restoration any amount in excess of the net condemnation proceeds made available to it. If the Premises shall be affected by any exercise of the power of eminent domain, then the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be justly and equitably abated and reduced according to the nature and extent of the loss of use thereof suffered by Tenant; and in case of a taking which permanently reduces the Rentable Floor Area of the Premises, a just proportion of the Annual Fixed Rent, Tenant's ’s share of operating costs and Tenant's ’s share of real estate taxes shall be abated for the remainder of the Lease Term.

Appears in 1 contract

Samples: Sublease Agreement (Minerva Neurosciences, Inc.)

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