Common use of TAKING OF PART Clause in Contracts

TAKING OF PART. If 10% or less of the Premises in the Building shall be taken in any proceeding by condemnation or otherwise, or be acquired for public or quasi-public purposes (hereinafter "Condemnation"), Tenant shall have no right to terminate this Lease. In the event that more than 10% and less than 25% of the Premises are taken by Condemnation, Tenant shall have the right to terminate this Lease provided such Condemnation will not permit Tenant to carry on its normal pre-existing business in the remainder of the Premises. In the event that 25% or more of the Premises shall be taken by Condemnation, Landlord or Tenant shall have the option of terminating the term of this Lease. In the event that all or a portion of the common areas and facilities of the Building shall be taken, Tenant shall have the right to terminate this Lease in the event: (I) safe access is denied to the Premises; or (ii) there is substantial interference with the normal pre-existing business of Tenant. If either party, pursuant to the preceding sentences, desires to exercise its option of terminating the term of this Lease, such termination shall be effective by the party desiring to terminate giving written notice to the other party provided that such notice shall be given not more than 30 days subsequent to the date on which Tenant shall have been deprived possession of the part so taken and the rent and other charges payable by Tenant shall be adjusted as of such termination date; provided, however, if Tenant exercises its right to terminate the Lease because of a taking of all or a portion of the common areas and facilities of the Building, Landlord shall have the right to cure or take whatever steps it deems advisable to cure (but shall not be obligated to do so) the conditions which give rise to Tenant's right to terminate within 30 days from receipt of Tenant's notice to terminate and if Landlord has cured or corrected such conditions, or commences to cure or correct such conditions and is pursuing same with all due diligence, then the Lease shall remain in full force and effect and Tenant's notice to terminate shall be null and void.

TAKING OF PART. If 10% In the event that less than all or less a substantial part of the Premises Building or Leased Premises, or the entirety thereof for a temporary period, is taken or condemned by any competent authority for any public use or purpose (including a deed given in lieu of condemnation) and this Lease is not terminated pursuant to Section 16.01, the Lease shall be amended to reduce Rent, and otherwise reflect the decrease in space within the Leased Premises, in the Building same ratio as the number of square feet of rentable area in the Leased Premises so taken or condemned bears to the number of square feet of rentable area then leased by Tenant. Landlord, upon receipt and to the extent of the award in condemnation or proceeds of sale, shall make necessary repairs and restorations (exclusive of Tenant's leasehold improvements and personal property paid for or installed by or for the benefit of Tenant, which shall be restored in accordance with the provisions of Section 15.03 hereof) to restore the Leased Premises remaining to as near its former condition as circumstances will permit, and to the Building to the extent necessary to constitute the portion of the Building not so taken in any proceeding by condemnation or otherwise, or be acquired for public or quasi-public purposes (hereinafter "Condemnation"), Tenant shall have no right to terminate this Leasecondemned as a complete architectural unit. In the event that more than 10% and less than 25% of a partial taking or condemnation of the Leased Premises are taken by Condemnationand/or the Building as herein described, Tenant shall have the right to terminate this Lease provided such Condemnation will not permit Tenant to carry on its normal pre-existing business in the remainder rentable area of the Premises. In Leased Premises then leased by Tenant and/or the event that 25% or more of the Premises shall be taken by Condemnation, Landlord or Tenant shall have the option of terminating the term of this Lease. In the event that all or a portion of the common areas and facilities rentable area of the Building shall be taken, Tenant shall have the right to terminate this Lease as specified in the event: (I) safe access is denied to the Premises; or (ii) there is substantial interference with the normal pre-existing business of Tenant. If either party, pursuant to the preceding sentences, desires to exercise its option of terminating the term of this Lease, such termination respectively, shall be effective reduced for all purposes under this Lease by the party desiring to terminate giving written notice number of square feet of rentable area of the Leased Premises and/or the Building as specified in this Lease, respectively, so taken or condemned. Notwithstanding the foregoing, if as a result of any taking including a governmental order that the grade of any street or alley adjacent to the other party provided that Building is to be changed and such notice shall be given not more than 30 days subsequent taking or change of grade makes it necessary or desirable to the date on which Tenant shall have been deprived possession of the part so taken substantially remodel and the rent and other charges payable by Tenant shall be adjusted as of such termination date; provided, however, if Tenant exercises its right to terminate the Lease because of a taking of all or a portion of the common areas and facilities of restore the Building, Landlord shall have the right to cure or take whatever steps it deems advisable to cure (but shall not be obligated to do so) the conditions which give rise to Tenant's right to terminate within 30 this Lease upon 90 days from receipt of Tenant's notice to terminate and if Landlord has cured or corrected such conditions, or commences to cure or correct such conditions and is pursuing same with all due diligence, then the Lease shall remain in full force and effect and Tenant's notice to terminate shall be null and voidprior written notice.

TAKING OF PART. If 10% or less of the Premises in the Building shall be taken in any proceeding by condemnation or otherwise, or be acquired for public or quasi-public purposes (hereinafter "Condemnation"), Tenant shall have no right to terminate this Lease. In the event that more than 10% and less than 25% of the Premises are taken by Condemnation, Tenant shall have the right to terminate this Lease provided such Condemnation will not permit Tenant to carry on its normal pre-existing business in the remainder of the Premises. In the event that 25% or more a substantial part of the Premises shall be so condemned or taken (including a deed given in lieu of condemnation) and after such taking the Premises can be used for the same purposes as prior thereto, the Lease Term shall cease only as to the part so taken as of the date possession shall be taken by Condemnationsuch authority, Landlord or and Tenant shall have the option pay full Rent up to that date (with appropriate refund by Landlord of terminating the term of this Lease. In the event that all or a portion of the common areas and facilities of the Building shall be taken, Tenant shall have the right to terminate this Lease in the event: (I) safe access is denied such Rent attributable to the Premises; or (ii) there is substantial interference with the normal pre-existing business of Tenant. If either party, pursuant to the preceding sentences, desires to exercise its option of terminating the term of this Lease, such termination shall be effective by the party desiring to terminate giving written notice to the other party provided that such notice shall be given not more than 30 days part so taken as may have been paid in advance for any period subsequent to the date on which Tenant shall have been deprived possession of the part so taken is taken) and the rent thereafter Monthly Base Rent and other charges payable by Tenant Rent Adjustments shall be equitably adjusted as to reflect the reduction in the Premises by reason of such termination date; providedtaking. Landlord shall, howeverat its expense, make all necessary repairs or alterations to the Building so as to constitute the remaining Premises as a complete architectural unit, provided that Landlord shall not be obligated to undertake any such repairs or alterations if the cost thereof exceeds the award resulting from such taking. The foregoing notwithstanding, if Tenant exercises its right as a result of any taking including a governmental order that the grade of any street, alley or other property adjacent to terminate the Lease because Building is to be changed and such taking or change of a taking of all grade makes it necessary or a portion of the common areas and facilities of desirable to substantially remodel or restore the Building, Landlord shall have the right to cure or take whatever steps it deems advisable to cure terminate this Lease upon one hundred and eighty (but shall not be obligated to do so180) days' prior written notice and the conditions which give rise to Tenant's right to terminate within 30 days from receipt of Tenant's notice to terminate Monthly Base Rent and if Landlord has cured or corrected such conditions, or commences to cure or correct such conditions and is pursuing same with all due diligence, then the Lease shall remain in full force and effect and Tenant's notice to terminate Rent Adjustment hereunder shall be null and voidapportioned as of the effective termination date.

TAKING OF PART. If 10% In the event a part of the Building or less the Premises is taken or condemned by any competent authority and this Lease is not terminated as provided in Section 16.A. above, the Lease shall be amended to reduce (if applicable) the monthly components of Base Rent, or to reduce or increase, as the case may be, the Tenant’s Proportionate Share, to reflect the Rentable Square Feet of the Premises or Building, as the case may be, remaining after any such taking or condemnation. Landlord, upon receipt and to the extent of the award in condemnation (or proceeds of sale) shall make necessary repairs and restorations to the Premises (exclusive of any of Tenant’s Work, Tenant’s alterations, or any other improvements made by or on behalf of Landlord or Tenant) and to the Building to the extent necessary to constitute the portion of the Building not so taken or condemned as a complete architectural and economically efficient unit. Notwithstanding the foregoing, if the award in condemnation (or proceeds of sale) is insufficient to pay for the foregoing repairs and restorations required of Landlord hereunder, and if Landlord elects not to perform such repairs and restorations in excess of the award in condemnation (or proceeds of sale) as a result thereof, then Landlord shall be taken in promptly notify Tenant of such election, and, to the extent such taking renders any proceeding by condemnation or otherwise, or be acquired for public or quasi-public purposes (hereinafter "Condemnation")material portion of the Premises untenantable, Tenant shall have no right to terminate this Lease. In the event that more than 10% and less than 25% of the Premises are taken by Condemnation, Tenant shall thereafter have the right to terminate this Lease provided effective as of such Condemnation will not permit date as is designated by Tenant to carry on its normal pre-existing business in the remainder of the Premises. In the event that 25% or more of the Premises shall be taken by Condemnation, Landlord or Tenant shall have the option of terminating the term of this Lease. In the event that all or a portion of the common areas and facilities of the Building shall be taken, Tenant shall have the right to terminate this Lease in the event: (I) safe access is denied to the Premises; or (ii) there is substantial interference with the normal pre-existing business of Tenant. If either party, pursuant to the preceding sentences, desires to exercise its option of terminating the term of this Lease, such termination shall be effective by the party desiring to terminate giving written notice thereof to the other party provided that such notice shall be Landlord given not more later than 30 sixty (60) days subsequent to the after Tenant’s receipt of notice of such election by Landlord (which date on which Tenant shall have been deprived possession of the part so taken and the rent and other charges payable designated by Tenant shall be adjusted as of such termination date; provided, however, if Tenant exercises its right to terminate no more than ninety (90) days after the Lease because of a taking of all or a portion of the common areas and facilities of the Building, Landlord shall have the right to cure or take whatever steps it deems advisable to cure (but shall not be obligated to do so) the conditions which give rise to Tenant's right to terminate within 30 days from receipt of Tenant's notice to terminate and if Landlord has cured or corrected such conditions, or commences to cure or correct such conditions and is pursuing same with all due diligence, then the Lease shall remain in full force and effect and Tenant's notice to terminate shall be null and voidsubject taking).

TAKING OF PART. If 10% or less of the Premises in the Building shall be taken in any proceeding by condemnation or otherwise, or be acquired for public or quasi-public purposes (hereinafter "Condemnation"), Tenant shall have no right to terminate this Lease. In the event that more than 10% and less than 25% a part of the Building or the Premises are is taken or condemned by Condemnationany competent authority (or a deed is delivered in lieu of condemnation) and Landlord estimates, within sixty (60) days after the occurrence of such taking, that the time to Substantially Complete the repair or restoration will not exceed one hundred eighty (180) days from the date of such taking, then Landlord, upon receipt and to the extent of the award in condemnation (or proceeds of sale) shall make necessary repairs and restorations to the Premises (exclusive of Tenant Additions) and to the Building to the extent necessary to constitute the portion of the Building not so taken or condemned as a complete architectural and economically efficient unit, unless such taking is to the Premises and occurs during the last twelve (12) months of the Term, in which event either Tenant or Landlord shall have the right to terminate this Lease provided such Condemnation will not permit Tenant to carry on its normal pre-existing business in the remainder as of the Premisesdate of such taking by giving written notice thereof to the other within twenty (20) days after the date of such casualty. In the event that 25% a part of the Building or more the Premises is taken or condemned by any competent authority (or a deed is delivered in lieu of condemnation) and this Lease is not terminated, the Lease shall be amended to reduce the Monthly Base Rent and reduce or increase, as the case may be, Xxxxxx's Proportionate Share to reflect the Rentable Area of the Premises shall be taken by Condemnationor Building, Landlord as the case may be, remaining after any such taking or Tenant shall have condemnation. Notwithstanding the option foregoing, if as a result of terminating the term of this Lease. In the event that all any taking, or a portion governmental order that the grade of the common areas and facilities of any street or alley adjacent to the Building shall is to be taken, Tenant shall have changed and such taking or change of grade makes it necessary or desirable to substantially remodel or restore the right to terminate this Lease in Building or prevents the event: (I) safe access is denied to the Premises; or (ii) there is substantial interference with the normal pre-existing business of Tenant. If either party, pursuant to the preceding sentences, desires to exercise its option of terminating the term of this Lease, such termination shall be effective by the party desiring to terminate giving written notice to the other party provided that such notice shall be given not more than 30 days subsequent to the date on which Tenant shall have been deprived possession of the part so taken and the rent and other charges payable by Tenant shall be adjusted as of such termination date; provided, however, if Tenant exercises its right to terminate the Lease because of a taking of all or a portion of the common areas and facilities economical operation of the Building, Landlord shall have the right to cure or take whatever steps it deems advisable to cure terminate this Lease upon ninety (but shall not be obligated to do so90) the conditions which give rise days prior written notice to Tenant's right to terminate within 30 days from receipt of Tenant's notice to terminate and if Landlord has cured or corrected such conditions, or commences to cure or correct such conditions and is pursuing same with all due diligence, then the Lease shall remain in full force and effect and Tenant's notice to terminate shall be null and void.

TAKING OF PART. If 10% or less In the event a part of the Land, Building or the Premises is taken or condemned by any competent authority for any public use or purpose (including a deed given in lieu of condemnation) and this Lease is not terminated pursuant to Section 16.01, the Lease shall be amended to reduce the Monthly Base Rent in the same ratio as the number of square feet of rentable area in the Premises so taken or condemned bears to the number of square feet of rentable area then leased by Tenant and to adjust Tenant's Proportionate Share to reflect its percentage of rentable area in the Building shall be taken compared to the total rentable area remaining after such taking or condemnation. Landlord, upon receipt and to the extent of the award in any proceeding by condemnation or otherwiseproceeds of sale and to the extent such funds are available from Landlord's mortgagees, shall make necessary repairs and restorations (exclusive of Tenant's leasehold improvements and personal property paid for or be acquired for public installed by Tenant) to restore the Premises remaining to as near its former condition as circumstances will permit, and to the Building to the extent necessary to constitute the portion of the Building not so taken or quasi-public purposes (hereinafter "Condemnation"), Tenant shall have no right to terminate this Leasecondemned as a complete architectural unit. In the event that more than 10% and less than 25% of a partial taking or condemnation of the Premises are taken by Condemnationand/or the Building as herein described, Tenant shall have the right to terminate this Lease provided such Condemnation will not permit Tenant to carry on its normal pre-existing business in the remainder of the Premises. In the event that 25% or more rentable area of the Premises shall be taken then leased by Condemnation, Landlord or Tenant shall have and/or the option of terminating the term of this Lease. In the event that all or a portion of the common areas and facilities rentable area of the Building shall be taken, Tenant shall have the right to terminate this Lease as specified in the event: (I) safe access is denied to the Premises; or (ii) there is substantial interference with the normal pre-existing business of Tenant. If either party, pursuant to the preceding sentences, desires to exercise its option of terminating the term of this Lease, such termination respectively, shall be effective reduced for ail purposes under this Lease by the party desiring to terminate giving written notice number of square feet of rentable area of the Premises and/or the Building, respectively, so taken or condemned. Notwithstanding the foregoing, if as a result of any taking including a governmental order that the grade of any street or alley adjacent to the other party provided that Building is to be changed and such notice shall be given not more than 30 days subsequent taking or change of grade makes it necessary or desirable to the date on which Tenant shall have been deprived possession of the part so taken and the rent and other charges payable by Tenant shall be adjusted as of such termination date; provided, however, if Tenant exercises its right to terminate the Lease because of a taking of all substantially remodel or a portion of the common areas and facilities of restore the Building, Landlord shall have the right to cure or take whatever steps it deems advisable to cure terminate this Lease upon ninety (but shall not be obligated to do so90) the conditions which give rise to Tenant's right to terminate within 30 days from receipt of Tenant's notice to terminate and if Landlord has cured or corrected such conditions, or commences to cure or correct such conditions and is pursuing same with all due diligence, then the Lease shall remain in full force and effect and Tenant's notice to terminate shall be null and voiddays' prior written notice.

TAKING OF PART. If 10% In the event a part of the Building or less the Premises is taken or condemned by any competent authority (or a deed is delivered in lieu of condemnation) and this Lease is not terminated, the Lease shall be amended to reduce or increase, as the case may be, the Monthly Base Rent and Tenant's Proportionate Share to reflect the Rentable Area of the Premises or Building, as the case may be, remaining after any such taking or condemnation. Landlord, upon receipt and to the extent of the award in condemnation (or proceeds of sale) shall make necessary repairs and restorations to the Premises (inclusive of Tenant Alterations) and to the Building shall be to the extent necessary to constitute the portion of the Building not so taken in or condemned as a complete architectural and economically efficient unit. Notwithstanding the foregoing, if as a result of any proceeding by condemnation or otherwisetaking, or a governmental order that the grade of any street or alley adjacent to the Building is to be acquired for public changed and such taking or quasi-public purposes (hereinafter "Condemnation")change of grade makes it necessary or desirable to substantially remodel or restore the Building or prevents the economical operation of the Building, Tenant Landlord shall have no the right to terminate this Lease upon ninety (90) days prior written notice to Tenant, provided Landlord terminates all leases in the Building of tenants similarly situated (i.e., Landlord does not discriminate against Tenant in terminating this Lease). In the event that more than 10% and less than 25% of the Premises are taken by Condemnationaddition, Tenant shall have the right to terminate this Lease provided such Condemnation will not permit Tenant to carry on its normal pre-existing business in the remainder of the Premises. In the event that 25% or more of the Premises shall be taken by Condemnation, Landlord or Tenant shall have the option of terminating the term of this Lease. In the event that all or if a portion of the common areas and facilities of the Building shall be taken, Tenant shall have the right to terminate this Lease in the event: (I) safe access Premises is denied to the Premises; or (ii) there is substantial interference with the normal pre-existing business of Tenant. If either party, pursuant to the preceding sentences, desires to exercise its option of terminating the term of this Lease, such termination shall be effective by the party desiring to terminate giving written notice to the other party provided that such notice shall be given not more than 30 days subsequent to the date on which Tenant shall have been deprived possession of the part so taken and the rent remaining Premises are Substantially Untenantable as a result thereof, and Landlord is unable to provide Tenant with other charges payable by space in the Building reasonably acceptable to Tenant shall be adjusted as of such termination date; provided, however, if Tenant exercises its right to terminate replace the Lease because of a taking of all or a portion of the common areas and facilities of the Building, Landlord shall have the right to cure or take whatever steps it deems advisable to cure (but shall not be obligated to do so) the conditions which give rise to Tenant's right to terminate within 30 days from receipt of Tenant's notice to terminate and if Landlord has cured or corrected such conditions, or commences to cure or correct such conditions and is pursuing same with all due diligence, then the Lease shall remain in full force and effect and Tenant's notice to terminate shall be null and voidtaken space.