Common use of TOTAL OR PARTIAL TAKING Clause in Contracts

TOTAL OR PARTIAL TAKING. If all or substantially all of the Premises is permanently condemned or taken in any manner for public or quasi-public use, including but not limited to, a conveyance or assignment in lieu of the condemnation or taking, this Lease shall automatically terminate as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or other taking. If less than all or substantially all of the Premises is so condemned or taken, this Lease shall automatically terminate only as to the portion of the Premises so taken as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or taking. If such portion of the Building is condemned or otherwise taken so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, this Lease may be terminated by Landlord, as of the date on which actual physical possession is taken by the condemnor or dispossession of Tenant as a result of such condemnation or taking, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which such physical possession is taken or dispossession will occur.

Appears in 3 contracts

Samples: Office Lease (Timeline Inc), Office Lease (PSW Technologies Inc), Office Lease (PSW Technologies Inc)

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TOTAL OR PARTIAL TAKING. If all or substantially all of the Premises is permanently condemned or taken in any manner for public or quasi-public use, including but not limited to, a conveyance or assignment in lieu of the condemnation or taking, this Lease shall automatically terminate as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or other taking. If less than all or substantially all of the Premises is so condemned or taken, this Lease shall automatically terminate only as to the portion of the Premises so taken as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or taking. If such portion of the Building is condemned or otherwise taken so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, this Lease may be terminated by Landlord, as of the date on which actual physical possession is taken by the condemnor or dispossession of Tenant as a result of such condemnation or taking, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which such physical possession is taken or dispossession will occur.

Appears in 3 contracts

Samples: Lease (Peregrine Systems Inc), Lease (Peregrine Systems Inc), Office Lease (Newgen Results Corp)

TOTAL OR PARTIAL TAKING. If all or substantially all of the Premises is permanently condemned or taken in any manner for public or quasi-public use, including but not limited to, a conveyance or assignment in lieu of the condemnation or taking, this Lease shall automatically terminate as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or other taking. If less than all or substantially all of the Premises is so condemned or taken, this Lease shall automatically terminate only as to the portion of the Premises so taken as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or taking. If such a portion of the Building not including the Premises is condemned or otherwise taken so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, this Lease may be terminated by Landlord, as of the date on which actual physical possession is taken by the condemnor or dispossession of Tenant as a result of such condemnation or taking, by written notice to Tenant delivered within sixty (60) days following notice to Landlord of the date on which such physical possession is taken or dispossession will occur.

Appears in 2 contracts

Samples: Office Lease (Colo Com), Office Lease (Colo Com)

TOTAL OR PARTIAL TAKING. If all or substantially all of the Premises is permanently condemned or taken in any manner for public or quasi-public use, including but not limited to, a conveyance or assignment in lieu of the condemnation or taking, this Lease shall automatically terminate as of the earlier of the date on which actual physical possession is taken taken, by the condemnor or the date of dispossession of Tenant Lessee as a result of such condemnation or other taking. If less than all or substantially substantial ty all of the Premises is so condemned or taken, this Lease shall automatically terminate only as to the portion of the Premises so taken as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant Lessee as a result of such condemnation or taking. If such portion of the Building premises is condemned or otherwise taken so as to require, in the opinion of LandlordLessor, a substantial alteration or reconstruction of the remaining portions thereof, this Lease Iease may be terminated by LandlordLessor, as of the date on which actual physical possession is taken by the condemnor or dispossession of Tenant Lessee as a result of such condemnation or taking, taking by written notice to Tenant Lessee within sixty (60) days following notice to Landlord Lessor of the date on which such physical possession is taken or dispossession will occur. If there is a partial taking of at least 30% of the land area or 25% of the building area, Lessee may elect to terminate the Lease by giving Lessor notice of said election within sixty (60) days following Lessee receiving notice of the taking.

Appears in 1 contract

Samples: Lease Agreement (nCoat, Inc.)

TOTAL OR PARTIAL TAKING. If all or substantially all of the Premises is permanently condemned or taken in any manner for public or quasi-public use, including including, but not limited to, a conveyance or assignment in lieu of the condemnation or taking, this Lease shall automatically terminate as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or other taking. If less than all or substantially all of the Premises is so condemned or taken, this Lease shall automatically terminate only as to the portion of the Premises so taken as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or taking. If such portion of the Building is condemned or otherwise taken so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, this Lease may be terminated by Landlord, Landlord as of the date on which actual physical possession is taken by the condemnor or dispossession of Tenant as a result of such condemnation or taking, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which such physical possession is taken or dispossession will occur.

Appears in 1 contract

Samples: Lease Agreement (Sirenza Microdevices Inc)

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TOTAL OR PARTIAL TAKING. If all or substantially all of the Premises premises, or convenient access to the premises, is permanently condemned or taken in any manner for public or public, quasi-public useuse or private, including but not limited to, a conveyance or assignment in lieu of the condemnation or taking, this Lease lease shall automatically terminate as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant tenant as a result of such condemnation or other taking. If less than all or substantially all of the Premises premises, or convenient access to the premises, is so condemned or taken, this Lease lease shall automatically terminate only as to the portion of the Premises premises so taken as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant tenant as a result of such condemnation or taking. If such portion of the Building premises is condemned or otherwise taken so as to requiremake the balance thereof unsuitable for the operation of tenant’s business as reasonably determined by tenant, in the opinion of Landlord, a substantial alteration or reconstruction tenant may terminate this lease upon written notice to landlord to be given within sixty (60) days after tenant has notice of the remaining portions thereof, this Lease may date upon which physical possession will be terminated by Landlord, taken or dispossession will occur with such termination to be effective as of the date on which actual physical possession is taken by the condemnor or dispossession of Tenant tenant as a result of such condemnation or taking, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which such physical possession is taken or dispossession will occurtaking occurs.

Appears in 1 contract

Samples: Industrial Services of America Inc

TOTAL OR PARTIAL TAKING. If all or substantially all of the Premises is permanently condemned or taken in any manner for public or quasi-public use, including but not limited to, a conveyance or assignment in lieu of the condemnation or taking, this Lease shall automatically terminate as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or other taking. If less than all or substantially substantial all of the Premises is so condemned or takentaken and Tenant is able to successfully continue the conduct of its business and the balance of the Premises, this Lease shall automatically terminate only as to the portion of the Premises so taken as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or taking. If such portion of the Building is condemned or otherwise taken so as to require, in the reasonable opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, this Lease may be terminated by Landlord, as of the date on which actual physical possession is taken by the condemnor or dispossession of Tenant as a result of such condemnation or taking, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which such physical possession is taken or dispossession will occur.

Appears in 1 contract

Samples: Commercial Lease Agreement (Urban-Gro, Inc.)

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