Common use of Taking of Whole Clause in Contracts

Taking of Whole. In the event (a) the whole of the Premises shall be taken or condemned for a public or quasi-public use or purpose by a competent authority or sold by Landlord in lieu thereof, (b) such a portion of the Premises shall be taken, condemned or sold in lieu thereof so that the balance cannot be used for the same purpose and with substantially the same utility to Tenant as immediately prior to such taking, or (c) the Premises or any portion thereof shall be taken or condemned for a public or quasi-public use or purpose by a competent authority or sold by Landlord in lieu thereof and Landlord is unable to repair, rebuild or restore the same under the terms of any agreement to which it is a party, or under any Legal Requirement or other governmental order to which Landlord or the Premises is subject (a "PROHIBITED TAKING"), this Lease shall terminate upon delivery of possession to the condemning authority or its assignee, and, subject to the provisions of Section 10.3 hereof, any award, compensation or damage (the "AWARD") shall be paid to and be the sole property of Landlord whether the Award shall be made as compensation for diminution of the value of the leasehold estate or the fee of the Land or otherwise, and Tenant hereby assigns to Landlord all of Tenant's right, title and interest in and to any and all of the Award. Tenant shall have no claim against Landlord by reason of such taking or termination and, subject to the provisions of Section 10.3 hereof, shall not have any claim or right to any portion of the Award to be paid to Landlord. Tenant shall continue to pay Rent and other charges hereunder until the Lease is terminated.

Taking of Whole. In the event (a) the whole of the Premises Project shall be taken or condemned for a public or quasi-public use or purpose by a competent authority or sold by Landlord in lieu thereof, (b) such a portion of the Premises Project shall be taken, condemned or sold in lieu thereof so that the balance cannot be used for the same purpose and with substantially the same utility to Tenant as immediately prior to such taking, or (c) the Premises Project or any portion thereof shall be taken or condemned for a public or quasi-public use or purpose by a competent authority or sold by Landlord in lieu thereof and Landlord is unable to repair, rebuild or restore the same under the terms of any agreement to which it is a party, or under any Legal Requirement or other governmental order to which Landlord or the Premises Project is subject (a "PROHIBITED TAKING"“Prohibited Taking”), this Lease shall terminate upon delivery of possession to the condemning authority or its assignee, and, subject . Subject to the provisions of Section 10.3 hereof, any award, compensation or damage (the "AWARD"“Award”) shall be paid to and be the sole property of Landlord whether the Award shall be made as compensation for diminution of the value of the leasehold estate or the fee of the Land or otherwise, and Tenant hereby assigns to Landlord all of Tenant's ’s right, title and interest in and to any and all of the Award. Tenant shall have no claim against Landlord by reason of such taking or termination and, subject to the provisions of Section 10.3 hereof, shall not have any claim or right to any portion of the Award to be paid to Landlord. Tenant shall continue to pay Rent and other charges hereunder until the Lease is terminated.

Taking of Whole. In the event (a) the whole of the Premises shall be taken or condemned for a public or quasi-public use or purpose by a competent authority or sold by Landlord in lieu thereof, (b) such a portion of the Premises shall be taken, condemned or sold in lieu thereof so that the balance cannot be used for the same purpose and with substantially the same utility to Tenant as immediately prior to such taking, or (c) the Premises or any portion thereof shall be taken or condemned for a public or quasi-public use or purpose by a competent authority or sold by Landlord in lieu thereof and Landlord is unable to repair, rebuild or restore the same under the terms of any agreement to which it is a party, or under any Legal Requirement or other governmental order to which Landlord or the Premises is subject (a "PROHIBITED TAKING"), this Lease shall terminate upon delivery of possession to the condemning authority or its assignee, and, subject to the provisions of Section 10.3 hereof, and any award, compensation or damage (the "AWARD") shall be paid to and be the sole property of Landlord whether the Award shall be made as compensation for diminution of the value of the leasehold estate or the fee of the Land or otherwise, and Tenant hereby assigns to Landlord all of Tenant's right, title and interest in and to any and all of the Award. Tenant shall have no claim against Landlord by reason of such taking or termination and, subject to the provisions of Section 10.3 hereof, shall not have any claim or right to any portion of the Award to be paid to Landlord. Tenant shall continue to pay Rent and other charges hereunder until the Lease is terminated.