Constructive Total Taking definition

Constructive Total Taking shall have the meaning set forth in Section 9.1;

Constructive Total Taking means a taking of such portion of the Building or the Premises that, in Tenant’s reasonable discretion, the untaken portion of the Premises is insufficient to permit the continued use of the Building or the Premises, or the remaining portion thereof, for Tenant’s purposes.

Constructive Total Taking means a taking of such scope that, in Tenant's reasonable discretion, the remaining portion of the Leased Premises and Improvements is insufficient to permit the restoration of the Improvements so as to be suitable for the use permitted by Section 5.01.

Examples of Constructive Total Taking in a sentence

• In the event of any such total taking or Constructive Total Taking and the termination of this Lease, the Condemnation Proceeds (defined herein) shall be paid to the Landlord and, in any event, Tenant shall have no claim against Landlord or the condemning authority for the value of the unexpired Term.

• In the event of a taking less than a Constructive Total Taking, this Lease shall terminate as to the portion of the Premises so taken.

• In the event a taking less than a Constructive Total Taking, Landlord, to the extent Condemnation Proceeds are sufficient for the purpose, proceed with due diligence to restore and rebuild the remaining portion of the Building and the Premises to a complete architectural unit.

• If at any time during the Term ------------- ------------------ there shall be a total taking or a Constructive Total Taking of the Leased Premises and Improvements (or any part thereof) in condemnation proceedings or by any right of eminent domain or by a conveyance in lieu thereof, this Lease shall terminate on the date of such taking and the Rent payable by Tenant hereunder shall be prorated and paid to the date of such taking.

• In the event of a taking that is less ------------- ----------- than a Constructive Total Taking, Tenant shall proceed with due diligence, subject to Unavoidable Delays, to repair, replace or rebuild the remaining Improvements to their former condition as may be reasonably possible.

More Definitions of Constructive Total Taking

Constructive Total Taking means a taking of less than all of the Premises, but of such scope that the untaken portion of the Premises is insufficient or has insufficient access to public streets to permit the restoration of the existing Buildings so as to constitute an economically viable property for the conduct of Tenant's business.

Constructive Total Taking means a taking of such scope that (A) the untaken part of the Building (whether or not the Premises are affected by the taking) would in Landlord's judgment be uneconomic to operate and (b) leases (including this Lease) of tenants occupying at least seventy-five percent (75%) of the rentable area of the Building are terminated in connection with such taking. Landlord shall give Tenant notice of a total taking or a Constructive Total Taking within fifteen (15) days of receiving notice thereof.

Constructive Total Taking means a taking of such scope that the untaken part of the Buildings (whether or not the Premises are affected by the taking) would, in Landlord's reasonable judgment, be uneconomic to operate.

Constructive Total Taking means a taking of such scope that the portion of Property not taken is insufficient to permit the restoration of the then-existing building or improvements so as to constitute same as a complete rentable building reasonably useful to Lessee.

Constructive Total Taking means a taking of such scope that (A) the untaken part of the Building (whether or not the Premises are affected by the taking) would in Landlord's reasonable judgment be uneconomic to operate and (B) leases (including this Lease) of tenants occupying at least twenty percent (20%) of the rentable area of the Building are terminated in connection with such taking. Landlord shall give Tenant notice of a total taking or a Constructive Total Taking within fifteen (15) days of receiving notice thereof

Constructive Total Taking means a Taking that renders that portion of the Parcel not so taken unsuitable for continued use and occupancy by Tenant in the same manner as immediately before such Taking in the case of the NCMC Hospital Parcel or by any Subtenant in the case of any other Parcel even after giving effect to any Restoration of the Improvements located on the NCMC Hospital Parcel or the Improvements, if any, on any other Parcel, as the case may be.

Constructive Total Taking means a taking of such scope that the remaining portion of the Improvements is insufficient to permit the restoration of the Improvements so as to be suitable for the primary use permitted by Section 2.01.