CONDEMNATION OR EMINENT DOMAIN. (A) If the whole of the Leased Premises are taken by any public authority under the power of eminent domain, or by private purchase in lieu thereof, then this Lease shall automatically terminate upon the date possession is surrendered, and Rent shall be paid up to that day. If any part of the Leased Premises shall be so taken as to render the remainder thereof materially unusable in the opinion of a licensed third party arbitrator reasonably approved by Lessor and Lessee, for the purposes for which the Leased Premises were leased, then Lessor and Lessee shall each have the right to terminate this Lease on thirty (30) days notice to the other given within ninety (90) days after the date of such taking. In the event that this Lease shall terminate or be terminated, the Rent shall, if and as necessary, be paid up to the day that possession was surrendered.
CONDEMNATION OR EMINENT DOMAIN. (A) If the whole of the Leased Premises are taken by any public authority under the power of eminent domain, or by private purchase in lieu thereof, then this Lease shall automatically terminate upon the date possession is surrendered, and Rent shall be paid up to that day. If any part of the Leased Premises shall be taken so as to reduce the licensed capacity of the Premises as a daycare facility by more than 10%, then Lessee shall have the right to terminate this Lease on thirty (30) days notice to Lessor if given within ninety (90) days after the date of such taking. In the event that this Lease shall terminate or be terminated in accordance with this section, the Rent shall, if and as necessary, be paid up to the day that possession of the Leased Premises was surrendered.
CONDEMNATION OR EMINENT DOMAIN. In the event prior to the Closing Date that Seller receives any actual written notice from any applicable Governmental Entity (a “Condemnation Notice”) in connection with the initiation of any condemnation or eminent domain proceeding for the purpose of taking or encumbering all or any part of the Land, Seller shall provide Buyer with a copy of the written notice of such proposed taking within three (3) days after receipt of the Condemnation Notice, and if such taking, in Buyer’s reasonable judgment, would materially and adversely affect the commercial feasibility of the Property or the financial return anticipated therefrom, then Buyer shall have the option, exercisable by written notice to Seller within fifteen (15) days after receipt of the Condemnation Notice (the “Condemnation Termination Period”), to either:
CONDEMNATION OR EMINENT DOMAIN. (A) If the whole of the Leased Premises or its related parking facilities are taken by any public authority under the power of eminent domain, or by private purchase in lieu thereof, then this Lease shall automatically terminate upon the date possession is surrendered, and Rent shall be paid only up to the day of such taking. If (i) any part of the kitchen area (defined as the area in which food is stored, prepared and cooked) located within the Leased Premises which results in a material and adverse effect on the kitchen area, (ii) ten percent (10%) or more of the remaining portions of the Building, (iii) fifteen percent (15%) or more of the parking spaces utilized by the Leased Premises, or (iv) access to or from the Leased Premises to publicly dedicated roadways shall be acquired or materially and adversely altered by the right of condemnation or eminent domain for any public or quasi-public use or purpose, or sold to a condemning authority under threat of condemnation, and Lessor cannot provide, at no cost or expense to Lessee, reasonably comparable alternate access and/or parking reasonably satisfactory to Lessee, then Lessee shall have the right and option to terminate this Lease by giving written notice of such termination to Lessor not later than six (6) months after possession is taken by the condemning authority. In the event that this Lease shall terminate or be terminated, the Rent shall be paid up to the day that possession was surrendered (and the Rent to be paid for the period following such taking and ending on such date of surrender shall be proportionately abated to take into account the reduction of the Leased Premises resulting from such taking).
CONDEMNATION OR EMINENT DOMAIN. (a) In case of a Taking or the commencement of any proceedings or negotiations which might result in any Taking, the Lessee will promptly give notice thereof to the Lessor, generally describing the nature and extent of such Taking which might result therefrom, as the case may be. The Lessee hereby assigns to the Lessor any award or payment on account of any Taking of the Nuclear Fuel or any portion thereof which is payable to the Lessee. The Lessor shall have the right to participate fully in any proceedings or negotiations in connection with any such Taking of the Nuclear Fuel or any portion thereof, provided that Lessee shall be entitled to control such proceedings or negotiations as long as no Event of Default shall have occurred and be then continuing. The Lessee will pay all reasonable costs, fees and expenses incurred by the Lessor in connection with any Taking of the Nuclear Fuel or any portion thereof and seeking and obtaining any award or payment on account thereof.
CONDEMNATION OR EMINENT DOMAIN. A. If the hole of the Leased Premises are taken by any public authority, ("Condemnor") under the power of eminent domain, or by private purchase in lieu thereof ("Condemnation"), then this Lease shall automatically terminate upon the date possession is surrendered, and Rent shall be paid up to that day. Xxxxx Xxxxxxxxx Xxxxx Xxxxxx /s/ XX Xxxxxx /s/ RPJ 5/28/99
CONDEMNATION OR EMINENT DOMAIN. (A) If the whole of the Leased Premises are taken by any public authority under the power of eminent domain, or by private purchase in lieu thereof (with "private purchase" meaning a grantee which has the legal right of eminent domain), then this Lease shall automatically terminate upon the date possession is surrendered, and Rent shall be paid up to that day. If any part of the Leased Premises shall be so taken as to render the remainder thereof materially unusable or unfit for the purposes for which the Leased Premises were leased, in the opinion of an arbitrator appointed by the American Arbitration Association office closest to the site of the Leased Premises pursuant to its rules and regulations and reasonably approved by Lessor and Lessee (with both parties having a right to a hearing at such office before said arbitrator), then Lessor and Lessee shall each have the right to terminate this Lease on thirty (30) days notice to the other given within ninety (90) days after the date of such taking. In the event that this Lease shall terminate or be terminated, the Rent shall, if and as necessary, be paid up to the day that possession was surrendered.
CONDEMNATION OR EMINENT DOMAIN a) In the event that all of the Leased Premises shall be condemned or taken by eminent domain by any authority having the right of eminent domain, or if purchased by such authority in lieu of condemnation of said Leased Premises, then the term of this Lease shall cease and terminate as of the date title vests in the condemnor and all rentals shall be paid up to that date, and the Lessee shall have no claim against the Lessor for the value of any unexpired term of the Lease but Lessee shall be entitled to the portion of the condemnation award attributed to the leasehold improvements.
CONDEMNATION OR EMINENT DOMAIN. In the event eminent domain proceedings are instituted against the premises or the land on which the premises is situated, or if the premises or land, or any part thereof, is sold to the condemning authority under threat of such proceedings, then this lease shall terminate upon the sale or condemnation of the premises in these circumstances. Tenant shall make no claim for, nor be entitled to any compensation for any remaining balance of the term of this lease or any portion of the proceeds from the forced sale or condemnation.
CONDEMNATION OR EMINENT DOMAIN. A. If the whole of the Leased Premises are taken by any public authority, ("Condemnor") under the power of eminent domain, or by private purchase in lieu thereof ("Condemnation"), then this Lease shall automatically terminate upon the date possession is surrendered, and Rent shall be paid up to that day. Lessee shall have the right to elect to terminate the Lease if a Condemnor by Condemnation acquires any of the following: any material portion of the restaurant building, in excess of fifteen percent (15%) of the parking spaces within the Leased Premises, or
