Common use of CONDEMNATION OR EMINENT DOMAIN Clause in Contracts

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).