Substantial and Partial.
13.3.1. In the event of the acquisition by condemnation or eminent domain of a portion of interest in the Leased Premises, Xxxxxx’s obligation to pay rent shall cease and terminate as it pertains to the specific portion of the Leased Premises taken as of the date title of the Leased Premises is transferred to the governmental or other permitted Agency taking the Leased Premises for public use.
13.3.1.1. In the event of substantial condemnation or eminent domain which prevents or substantially impairs the conduct of Xxxxxx’s Activities and equates to 30% or more of the total Leased Premises, Lessee may, at Lessee’s option, terminate this Agreement. If terminating this Agreement, Lessee shall notify Lessor of termination within 30 days of notice to acquire a portion of the Leased Premises.
13.3.1.1.1. If Xxxxxx does not notify Lessor of termination, the condemnation or eminent domain shall be considered a partial acquisition.
13.3.1.2. In the event of partial condemnation or eminent domain, Exhibit B. Rent by Component Table shall be adjusted as applicable.
Substantial and Partial.
13.3.1. In the event of the acquisition by condemnation or eminent domain of a portion of interest in the Leased Premises, Xxxxxx’s obligation to pay rent shall cease and terminate as it pertains to the specific portion of the Leased Premises taken as of the date title of the Leased Premises is transferred to the governmental or other permitted Agency taking the Leased Premises for public use.
13.3.1.1. In the event of substantial condemnation or eminent domain which prevents or substantially impairs the conduct of Xxxxxx’s Activities and equates to 30% or more of the total Leased Premises, Lessee may, at Lessee’s option, terminate this Agreement. If terminating this Agreement, Lessee shall notify Lessor of termination within 30 days of notice to acquire a portion of the Leased Premises.
13.3.1.1.1. If Xxxxxx does not notify Lessor of termination, the condemnation or eminent domain shall be considered a partial acquisition.
13.3.1.2. In the event of partial condemnation or eminent domain, Exhibit B. Rent by Component Table shall be adjusted as applicable.
14. FORCE MAJEURE
14.1. If either party hereto shall be delayed, hindered in, or prevented from, the performance of its obligations under this Agreement by reason of war, national emergency, natural disaster or other similar reason, or not the fault of such party (“Permitted Delay”), such party shall be excused for the period of time equivalent to the delay caused by such Permitted Delay.
14.2. Notwithstanding the foregoing, any extension of time sought by Lessee for a Permitted Delay shall be conditioned upon it providing written notice of such Permitted Delay to Lessor within 10 days of the event causing the Permitted Delay.
14.3. In no event shall Lessee be relieved of its obligations to pay Lessor the rents, fees, or other charges due and owing, as set forth in this Agreement.
15. NO WAIVER
15.1. No failure on the part of Lessor to enforce any of the covenants, conditions, obligations, and agreements contained herein shall be construed as or deemed to be a waiver of the right to enforce such covenants, conditions, obligations, and agreements.
15.2. The acceptance by Lessor of any rent, fee, or other payment shall not be construed as or deemed to be a waiver by Lessor of any breach by Lessee of any covenant, condition, obligation, or agreements contained herein and shall not be deemed a waiver of Lessor’s right to terminate this Agreement.
15.3. Lessee waives any claims against Lessor for loss of a...
