Common use of Taking of Premises Clause in Contracts

Taking of Premises. In the event that the whole of the Premises or any significant part is taken under the power of eminent domain by any public authority or shall be conveyed to such governmental authority in lieu of such taking, then this Lease shall terminate and expire as of the date possession is taken by the public authority and Tenant shall pay rents up to the date of such taking with an appropriate refund by Landlord of such amounts thereof as shall have been paid in advance for a period subsequent to the date of the taking. As used herein the term "any significant part of the Premises" shall mean such portion of the Building that in Tenant's opinion the Building cannot be used as a call center. If less than the whole of the Premises and less than a significant part of the Building shall be so taken, then Tenant may, at its option and upon notice to Landlord delivered on or before the day of surrendering possession to the public authority, terminate this Lease effective the date possession shall be so taken by such public authority, and Tenant shall pay rents up to the date of such taking with an appropriate refund by Landlord of such amounts thereof as may have been paid in advance for a period subsequent to the date of the taking. In the event that Tenant does not so terminate this Lease, all of the terms herein provided shall continue in effect and Landlord shall make all necessary repairs or alterations to the Premises so as to constitute the remaining portion of the Premises a complete architectural unit.

Taking of Premises. In the event that the whole of the Premises A. If, by or any significant part is taken through condemnation proceedings, (i.e., a taking under the power of eminent domain by any public authority or shall be conveyed to such governmental authority in lieu a sale under a threat of such takingcondemnation), then this Lease shall terminate and expire as more than fifteen (15%) percent of the date possession Property or any buildings built thereon is permanently taken or access to and from the Property from and to either N.W. 000xx Xxxxxx xx X.X. 00xx Xxxxxx is taken by the public authority and Tenant shall pay rents up to the date of such taking with an appropriate refund by Landlord of such amounts thereof as shall have been paid in advance for a period subsequent to the date or ten (10%) percent or more of the taking. As used herein the term "any significant part parking area of the Premises" shall mean such Property is taken or if any portion of the Building common area of the Property is taken which materially and substantially impairs access to the Property, then the Tenant shall have the right to terminate this Ground Lease upon giving the Landlord written notice thereof within thirty (30) days from the entry of an appropriate order of taking in such condemnation proceeding. B. If a portion of the Property or any buildings built thereon is taken under circumstances that in Tenant's opinion do not give the Building canTenant the option to terminate as set forth above or, having such option to terminate, the Tenant elects not to terminate, the Rent payable hereunder shall be used reduced annually by an amount equal to nine (9%) percent of the amount received by the Landlord (or its mortgage holder) as a call center. If less than the whole of the Premises and less than a significant part of the Building shall be so taken, then Tenant may, at its option and upon notice to Landlord delivered on or before the day of surrendering possession to the public authority, terminate this Lease effective the date possession shall be so taken by such public authority, and Tenant shall pay rents up to the date result of such taking with an appropriate refund by Landlord of such amounts thereof as may have been paid in advance for condemnation proceeding. C. If a period subsequent to the date of the taking. In the event that Tenant does not so terminate this Lease, all of the terms herein provided shall continue in effect and Landlord shall make all necessary repairs or alterations to the Premises so as to constitute the remaining portion of the Premises is taken under circumstances that do not give the Tenant the option to terminate as set forth above, the Tenant shall make repairs to the buildings and improvements on the Property to the extent necessary to restore the same to a complete architectural unitunit (to the extent permitted, however, taking into consideration the amount of land remaining after any such taking or purchase). D. If a portion of the Property of sufficient size and type to confer upon the Tenant the right to terminate this Ground Lease be so taken in such proceedings, and if the remaining Property can be substantially restored so that the Tenant in its opinion can conduct the business it is then operating upon said Property on a reasonably profitable basis, this Ground Lease shall not terminate, but shall continue with a reduction in the rental equal to nine (9%) percent of the amount received by the Landlord (or its mortgage holder) as a result of such condemnation proceeding.

Taking of Premises. In the event that the whole If all or any part of the Premises or any significant part is shall be taken under as a result of the exercise of the power of eminent domain by or any public authority or shall be conveyed to such governmental authority agreement in lieu of such takingthereof, then this Lease shall terminate and expire as to the part so taken as of the date possession is taken by of taking and, in the public authority and case of a partial taking, Tenant shall pay rents up have the right to terminate this Lease as to the date balance of the Premises by giving written notice to Landlord within thirty (30) days after such date; provided, however, that a condition to the exercise by Tenant of such taking with an appropriate refund by Landlord right to terminate is that not less than twenty-five percent (25%) of such amounts thereof as the Premises shall have been paid in advance for a period subsequent to taken and the date of the taking. As used herein the term "any significant part of the Premises" shall mean such portion of the Building that in Tenant's opinion the Building cannot be used as a call center. If less than the whole of the Premises and less than a significant part of the Building shall be so taken, then Tenant may, at its option and upon notice to Landlord delivered on or before the day of surrendering possession to the public authority, terminate this Lease effective the date possession shall be so taken by such public authority, and Tenant shall pay rents up to the date of such taking with an appropriate refund by Landlord of such amounts thereof as may have been paid in advance for a period subsequent to the date of the taking. In the event that Tenant does not so terminate this Lease, all of the terms herein provided shall continue in effect and Landlord shall make all necessary repairs or alterations to the Premises so as to constitute the remaining portion of the Premises remaining is not reasonably suitable for Tenant's continued occupancy for the uses permitted under this Lease, taking into account the business operations conducted by Tenant on the Premises. If Landlord and Tenant cannot agree on whether the portion of the Premises remaining is not reasonably suitable for Tenant's continued occupancy, then either party shall have the right to refer such matter to arbitration in accordance with the provisions of Section 20.24 of this Lease. The proceeds of any xxxii TABLE OF CONTENTS (CONTINUED) PAGE condemnation award or any conveyance in lieu thereof shall belong to and be paid to Landlord, except that Tenant shall be entitled to petition or apply for and to receive from the condemning authority a complete architectural unitseparate award (provided that such separate award does not reduce the amount of Landlord's award) including any or all of the following: (a) A sum attributable to the taking of the alterations, additions or improvements made to the Premises by Tenant at its expense, and/or the taking of any furniture, fixtures, equipment, trade fixtures or personal property which Tenant has the right to remove from the Premises pursuant to the provisions of this Lease; (b) A sum equal to the present value of any excess of the prevailing market rental value of the Premises for the remainder of the Term, exclusive of the alterations, additions or improvements for which Tenant is compensated under subparagraph (a) above, over the discounted sum of the Base Rent and Taxes payable for the remainder of the Term; provided, however, that Tenant's rights under this subparagraph (b) shall be subordinate to the rights of the Construction Lender or the lender providing the Landlord Financing, and the appropriation of such proceeds by any such lender shall not give Tenant any recourse against Landlord by reason thereof; (c) A sum attributable to that portion of the award constituting severance damages for the restoration of the Premises, compensation to Tenant for business interruption, relocation or moving expenses; and (d) A sum to compensate Tenant for loss of goodwill.

Taking of Premises. In the event that If the whole of the Premises or any significant part the Building is taken (which term, as used in this Article, shall include any conveyance in avoidance or settlement of eminent domain, condemnation or other similar proceedings) by any governmental authority, corporation or other entity under the power right of eminent domain domain, condemnation or similar right, or if there shall occur any partial taking of the Premises or the Building such that Tenant cannot continue to conduct its business in a manner which Tenant deems desirable, then this Lease shall, at Tenant’s sole option, terminate as of the date of the taking of possession by the condemning authorities. Upon such termination, the net proceeds of any public authority award received by reason of such taking shall, notwithstanding anything to the contrary in Section 10.2. be released first, to Tenant in an amount equal to the unamortized cost of the Improvements (assuming that the Improvements are amortized over the Term of the Lease). Except as otherwise provided herein, in the event of a taking, and whether or not this Lease is terminated, Tenant shall have no claim with respect to the award or payment for the value of the unexpired Term. Tenant may interpose and prosecute in any proceeding with respect to the taking (which, if permitted in the jurisdiction, shall be conveyed independent of any claim of Landlord) claims for the value of Tenant’s trade fixtures, damages for interruption or dislocation of business in the Premises and loss of goodwill, and moving and remodeling expenses. If such conditions to such governmental authority in lieu of such takingtermination are not met, then this Lease shall terminate continue in full force and expire as effect, and in such event, the net proceeds of the date possession is taken any award received by the public authority and Tenant shall pay rents up reason of such condemnation shall, notwithstanding any provision to the date contrary in Section 10.2, be released first to Tenant to pay for the costs of repairing and reconstructing the Building and the Premises, including all other Improvements, alterations, fixtures and personal property of Tenant, with any balance of such taking with an appropriate refund award not needed by Landlord of Tenant to repair and reconstruct released to Landlord. Following such amounts thereof as a taking, the Base Rent shall have been paid in advance for a period subsequent be proportionally reduced to reflect the date of the taking. As used herein the term "any significant part of the Premises" shall mean such portion of the Building that in Tenant's opinion the Building cannot be used as a call center. If less than the whole amount of the Premises and less than a significant part of the Building shall be so taken, then Tenant may, at its option and upon notice to Landlord delivered on or before the day of surrendering possession to the public authority, terminate this Lease effective the date possession shall be so taken by such public authority, and Tenant shall pay rents up to the date of such taking with an appropriate refund by Landlord of such amounts thereof as may have been paid in advance for a period subsequent to the date of the taking. In the event that Tenant does not so terminate this Lease, all of the terms herein provided shall continue in effect and Landlord shall make all necessary repairs or alterations to the Premises so as to constitute the remaining portion of the Premises a complete architectural unit.