Common use of Taking: Lease to Continue Clause in Contracts

Taking: Lease to Continue. In the event only a part -------------------------- of the Premises shall be taken as a result of the exercise of the power of eminent domain or condemned for a public or quasi-public use or purpose by any competent authority or sold to the condemning authority under threat of condemnation, and as a result thereof the balance of the Premises can be used for the same purpose as before such taking, sale or condemnation, this Lease shall not terminate and Landlord, at its sole cost and expense up to the amount of any condemnation award, shall, to the extent practical, promptly repair and restore the Premises, subject to extension due to delay because of changes, deletion or additions, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the actual control of Landlord and Landlord's receipt of insurance proceeds. Any award paid as a consequence of such taking, sale or condemnation, shall be paid to Landlord. Any sums not so disbursed shall be retained by Landlord. In the event of a taking of land only, this Lease shall not terminate and Landlord shall not be obligated to repair or restore the Premises.

Taking: Lease to Continue. In the event only a part -------------------------- of the Premises shall be taken as a result of the exercise of the power of eminent domain or condemned for a public or quasi-public use or purpose by any competent authority or sold to the condemning authority under threat of condemnation, and as a result thereof the balance of the Premises can be used for the same purpose as before such taking, sale or condemnation, this Lease shall not terminate and Landlord, at its sole cost and expense up to the amount of any condemnation award, shall, to the extent practical, promptly repair and restore the Premises, subject to extension due to delay because of changes, deletion or additions, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the actual control of Landlord and Landlord's receipt of insurance proceeds. Any award paid as a consequence of such taking, sale or condemnation, shall be paid to Landlord. Any sums not so disbursed shall be retained by Landlord. In the event of a taking of land only, this Lease shall not terminate and Landlord shall not be obligated to repair or restore the Premises.

Taking: Lease to Continue. In the event only If a part -------------------------- portion of the Premises Project shall be lawfully taken or condemned for any public or quasi public use or purpose or conveyed under threat of such condemnation and neither Landlord nor Tenant terminates this Lease (nor has the Lease terminated on its terms) as permitted by Section 13.1 or as a result of the exercise of the power of eminent domain such taking, sale or condemned for a public or quasi-public use or purpose by any competent authority or sold to the condemning authority under threat of condemnation, and as a result thereof the balance 992596_11 15 remainder of the Premises can be used for the same purpose as before such taking, sale or condemnation, this Lease shall not terminate and Landlordterminate. However, at its sole in the event the cost and expense up to of restoring the amount of any Premises for such use will exceed the condemnation award, shallLandlord will advise Tenant of the estimated amount of such excess cost, and Tenant shall have fifteen (15) days to elect whether to terminate this Lease or pay the extent practical, promptly repair and restore excess amount for restoration of the Premises. If Tenant elects to continue this Lease, Tenant shall deposit such excess funds with Landlord and Landlord shall promptly (subject to extension due to delay because of changes, deletion or additions, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the actual control of Landlord Force Majeure Delay and Landlord's receipt of insurance condemnation proceeds) repair and restore the remainder of the Premises. Any award paid as a consequence of such taking, sale or condemnation, shall be paid Tenant hereby assigns to Landlord. Any sums not so disbursed , Tenant's interest, if any, in such award for the value of the Premises; provided that Tenant shall be retained by Landlord. In have the event right to pursue compensation for any costs of a taking of land only, this Lease shall not terminate and Landlord shall not be obligated to repair renovating or restore reconfiguring its operations within the Premises.

Taking: Lease to Continue. In the event only If a part -------------------------- portion of the Premises shall be lawfully i I taken or condemned for any public or quasi public use or pUipose or conveyed under threat ofsuch i condemnation and Landlord or Tenant does not terminate the Lease as permitted by Section 13.1 or !.. as a result of the exercise of the power of eminent domain such taking, sale or condemned for a public or quasi-public use or purpose by any competent authority or sold to the condemning authority under threat of condemnation, and as a result thereof the balance of the Premises can be used for the same purpose as before such takingtalcing, sale or condemnation, this Lease shall not terminate and terminate. In such event, Landlord., at its sole cost and expense up to the amount of any condemnation award, shall, to the extent practical, promptly repair and restore the Premises, (subject to extension due to delay because of changes, deletion or additions, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes ofmatters beyond the actual control of Landlord ofLandlord and Landlord's receipt of insurance condemnation proceeds) repair and restore the Premises. Any award paid as a consequence of such taking, sale or condemnation, shall be paid to Landlord. Any Landlord and any sums not so disbursed by Landlord in connection with the repair or restoration ofthe Premises shall be retained by Landlord; provided, however, any compensation specifically and independently awarded to Tenant for loss ofbusiness or goodwill, relocation expenses or for its personal property shall be the property of Tenant. In the event of a taking talcing of any portion of land onlyonly that does not materially adversely affect Tenant's operations in the Premises, this Lease shall not terminate and Landlord ·shall not be obligated to repair or restore the Premises.. Rent shall xxxxx based upon the portion of the Premises subject to condemnation. ARTICLE XIV -

Taking: Lease to Continue. In the event only If a part -------------------------- portion of the Premises Project shall be lawfully taken or condemned for any public or quasi public use or purpose or conveyed under threat of such condemnation and Landlord does not terminate this Lease as permitted by Section 13.1 or as a result of the exercise of the power of eminent domain such taking, sale or condemned for a public or quasi-public use or purpose by any competent authority or sold to the condemning authority under threat of condemnation, and as a result thereof the balance of the Premises can be used for the same purpose as before such taking, sale or condemnation, as reasonably determined by Tenant, this Lease shall not terminate and terminate. In such event, Landlord, at its sole cost and expense up to the amount of any condemnation award, shall, to the extent practical, promptly (subject to Force Majeure Delay and Landlord’s receipt of condemnation proceeds) repair and restore the remainder of the Premises, subject to extension due to delay because . Rent shall xxxxx proportionately with the area of changes, deletion or additions, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the actual control of Landlord and Landlord's receipt of insurance proceeds. Any award paid as a consequence of such taking, sale or condemnation, shall be paid to Landlord. Any sums not so disbursed shall be retained by LandlordPremises taken. In the event of a taking of land any portion of Land only, this Lease shall not terminate and Landlord shall not be obligated to repair or restore the Premises. Tenant hereby assigns to Landlord, Tenant’s interest, if any, in such award and any award paid as a consequence of any taking, sale or condemnation, shall be paid to Landlord, provided Tenant shall not assign any portion of such award which is related to Tenant’s leasehold interest. Notwithstanding the foregoing, Tenant shall be permitted to seek a separate award for its leasehold interest.