Complete Taking. If at any time during the Fee Term title to or temporary use of the entire Project should become vested in a public or quasi-public authority by virtue of the exercise of a taking by condemnation, inverse condemnation or the right of eminent domain, or by voluntary transfer under threat of such taking, or in the event that title to a portion of the Project shall be taken rendering continued occupancy of the Project commercially infeasible in the judgment of the Sponsor, the Sponsor shall have the option to terminate this Fee Agreement as of the time of vesting of title by sending written notice to the County within a reasonable period of time following such vesting.
Complete Taking. 22 (b) Partial Taking..................................................... 22 (c) Award.............................................................. 22 (d) Notices............................................................ 22 24.
Complete Taking. If during the Term all or substantially all of the Premises is taken or condemned by any competent public or quasi-public authority, then Tenant may, at Tenant's election, made within thirty (30) days of such taking by condemnation, terminate this Lease, and the current Minimum Rent shall be prorated as of the date of such termination. The award payable upon such taking shall be allocated between Landlord and Tenant as so allocated by the taking authority. In the absence of such allocation by the taking authority, the award shall be allocated as agreed by Landlord and Tenant. Failing such agreement within thirty (30) days after the effective date of such taking, the award shall be allocated between Landlord and Tenant pursuant to the appraisal procedure described on Exhibit "C" attached hereto.
Complete Taking. If during the Term of this Lease, or any extension hereof, the whole or substantially all of the Premises shall be taken as a result of the exercise of power of eminent domain, this Lease shall terminate as of the date of vesting of title to the Premises or delivery possession, whichever shall first occur, pursuant to such proceeding. For the purpose of this Article 14, “substantially all of the Premises” shall be deemed to have been taken under any such proceeding that involves such an area, whether the area be improved with a building or be utilized for a parking area or for other use, that Lessee cannot reasonably operate in the remainder of the Premises the business being conducted on the Premises at the time of such proceeding.
Complete Taking. If all or substantially all of the Premises is taken by condemnation, sale in lieu of condemnation or in any other manner for any public or quasi-public use or purpose ("Eminent Domain"), this Lease and the term and estate hereby granted shall terminate as of the date of vesting of title on such taking or the date that the condemning or purchasing authority takes possession, whichever is earlier (the "Date of the Taking"), and the Rents shall be prorated and adjusted as of such date.
Complete Taking. If the whole of the Premises shall be taken or condemned for any public or quasi-public use or purpose, by right of eminent domain or by purchase in lieu thereof, or if a substantial portion of the Premises shall be so taken or condemned that the portion or portions remaining is or are not sufficient and suitable, in the mutual reasonable judgment of Landlord and Tenant, for the continued operation of the business contemplated by this Lease to be conducted thereon, therein or therefrom so as to effectively render the Premises untenantable, then this Lease and the Term hereby granted shall cease and terminate as of the date on which the condemning authority takes possession and all Rent shall be paid by Tenant to Landlord up to that date or refunded by Landlord to Tenant if Rent has previously been paid by Tenant beyond that date.
Complete Taking. 54 13.2 Partial Taking......................................... 54 13.3 Lease Remains in Effect................................ 55
Complete Taking. If (i) the whole of the Leased Property shall be taken by Condemnation or (ii) a Condemnation of less than the whole of the Leased Property renders the entire Leased Property Unsuitable for its Intended Use then this Lease shall automatically terminate as of the Date of Taking. Tenant and Landlord shall seek the Award for their interests in the Leased Property as provided in Paragraph 23(c).
Complete Taking. If (i) the whole of any of the Leased Properties shall be taken by Condemnation or (ii) a Condemnation of less than the whole of any of the Leased Properties renders the affected Leased Property Unsuitable for its Intended Use, then this Lease shall automatically terminate as to the affected Leased Property only as of the Date of Taking, subject to the obligations of Tenant to deliver to Landlord all Awards to which Landlord is entitled pursuant to the terms of this Lease and to pay such other amounts as required by Paragraph 23(c) hereof, which obligations shall survive the termination of this Lease as to such affected Leased Property. Tenant and Landlord shall seek the Award for their interests in the affected Leased Property as provided in Paragraph 23(c).
Complete Taking. If, at any time during the Term, title to all or substantially all of the Project Site shall be taken in condemnation proceedings or by any right of eminent domain, this Lease shall terminate and expire on the date of such taking and the Rent payable hereunder shall be apportioned and paid to the date of such taking. For purposes of this Article, substantially all of the Project Site shall be deemed to have been taken if the untaken portion cannot be practically and economically used or converted for use by Tenant for the Project in a manner permitting Tenant to comply with its obligations under the ESA and the Development Agreement. Upon the occurrence of any such taking and the termination of this Lease, Landlord and Tenant shall share any award or awards as follows: (i) if the aggregate amount of such award or awards equals or exceeds (x) the purchase price then payable under Section 9.3 of the ESA plus (y) the fair value of the portion of the Project Site being taken, then Landlord shall be entitled to receive an amount equal to the fair value of the Project Site being taken and Tenant shall be entitled to receive an amount equal to the purchase price which would then be payable under Section 9 of the ESA if the Project were then purchased by Landlord from Tenant pursuant to such section, and Landlord and Tenant shall each be entitled to receive an amount equal to fifty (50) percent of the amount (if any) by which the aggregate awards exceeds the amount described in clauses (x) and (y) immediately preceding; and (ii) if the aggregate awards are less than an amount equal to the aggregate amount under clauses (i)(x) and (i)(y) preceding, then Landlord shall be entitled to receive an amount equal to the fair value of the portion of the Project Site being taken multiplied by a fraction, the numerator of which is the aggregate awards and the denominator of which is the aggregate of the amounts described in clauses (i)(x) and (i)(y) preceding, and the Tenant shall be entitled to receive the balance of the aggregate awards. In either case, Tenant shall be entitled to collect the entire award and withhold therefrom the portion thereof to which Tenant is entitled pursuant to this Section 8.1 and pay to Landlord the portion thereof to which Landlord is entitled. Tenant shall execute any and all documents that may be required in order to facilitate the collection and distribution of the award in accordance with the terms of this section. In the event of a dispute...
