Common use of Condemnation Clause in Contracts

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 10 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (International Remote Imaging Systems Inc /De/), Standard Industrial/Commercial Single Tenant Lease Net (Bebe Stores Inc), Standard Industrial/Commercial Single Tenant Lease (Digitalthink Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 9 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Cii Financial Inc), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 9 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Digital Entertainment Network Inc), Standard Industrial/Commercial Single Tenant Lease (Telocity Inc), Standard Industrial/Commercial Single Tenant Lease Net (TTM Technologies Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 9 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (Organogenesis Holdings Inc.), Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 8 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Sugarmade, Inc.), Standard Industrial/Commercial Single Tenant Lease (Diversified Opportunities, Inc.), Standard Industrial/Commercial Single Tenant Lease Net (Troy Group Inc)

Condemnation. If In the event that State is unable to successfully contest the authority of any entity seeking to condemn the Premises or any portion thereof and if the entirety of the Premises are taken under by proper exercise of the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")domain, this Lease shall terminate as of the date possession was taken by said public authority pursuant to such condemnation. If any part of the Premises is so taken and, in the opinion of either State or Lessee, it is not economically feasible to continue this Lease, either party may terminate the lease. Such termination by either party shall be made by notice to the part taken other party given not later than thirty (30) days after possession is so taken, the termination to be effective as of the later of thirty (30) days after said notice or the date the condemning authority takes title or possession, whichever first occurspossession is so taken. If more than ten percent (10%) part of the Premises is so taken and neither State nor Lessee elects to terminate this Lease, or until termination is effective, as the case may be, the payment due under this Lease shall be abated in the same proportion as the portion of the Premises so taken bears to the whole of the Premises. All damages awarded for the taking or damaging of all or any building portion part of the Premises, or more than twentyState-five percent (25%) of the land area portion of the Premises not occupied by any buildingowned improvements thereon, is taken by Condemnation, Lessee may, at Lessee's option, shall belong to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be become the property of LessorState, whether and Lessee hereby disclaims and assigns to State any and all claims to such award shall be made as compensation for diminution in value of the leaseholdaward, the value of the part taken, or for severance damages; provided, however, that State will not claim any interest in any award for personal property or authorized improvements belonging to Lessee shall be entitled to as set forth in Section 3 and State will not claim a share of any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations award made to the Premises by Lessee, Lessee for purposes interruption of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any or damage to Lessee’s business or for moving expenses. The State may share in the Premises caused by such Condemnationvalue of crops in accordance with the crop division and/or additional payment set forth in Section 1.07.

Appears in 8 contracts

Sources: Lease Agreement, Dryland Cropshare Lease, Dryland Cropshare Lease

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee▇▇▇▇▇▇'s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee▇▇▇▇▇▇, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 6 contracts

Sources: Multi Tenant Lease (Cenntro Inc.), Industrial/Commercial Multi Tenant Lease (Liquidmetal Technologies Inc), Standard Multi Tenant Office Lease (America Great Health)

Condemnation. If the whole or any part of the Premises or any improvements thereon shall be taken or condemned by any competent authority for any public use or purpose during the term of this Lease, Tenant shall receive any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")any award allocable to crops on trees, this Lease shall terminate as its capital improvements, including orchards, to the part taken as cost or loss that Tenant may sustain in the removal and relocation of Tenant’s trade fixtures and other personal property, to Tenant’s anticipated or lost profits or damages because of detriment to Tenant’s business and to the date value of Tenant’s leasehold interest. Tenant reserves the condemning authority takes title right to claim and prosecute its claim in all appropriate courts and agencies for an award or possession, whichever first occurs. If more than ten percent (10%) damages based upon the foregoing without impairing any rights of any building portion Owner for the taking of or injury to its interest in the Premises, or more than twenty-five percent (25%) . The entire award for the fair market value of the land area portion taken shall be paid to Owner. No compromise or settlement shall be made of any condemnation award without the consent of, Owner, Tenant and any Mortgagee. If a part of the Premises not occupied by any buildingis taken or condemned which, in the sole judgment of Tenant, is taken by Condemnationsufficient to render the remaining portion unsuitable for continued use or occupancy, Lessee may, at Lessee's option, to be exercised in writing then Tenant may within ten sixty (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (1060) days after the date when possession of the Premises or portion thereof shall be required by the condemning authority shall have taken possession) authority, elect to terminate this Lease as of Lease. In the date the condemning authority takes such possession. If Lessee does not event that Tenant shall fail to exercise its option to terminate this Lease in accordance with the foregoingLease, then this Lease shall remain continue in full force and effect as with respect to the portion of the Premises remainingnot so taken, except that the Base Rent rent otherwise payable shall be reduced in proportion to the reduction percentage of planted acreage in utility of the Premises caused taken by such Condemnationthe condemning authority. Condemnation awards and/or payments If no planted acreage is taken then the rent shall not be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated reduced by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationtaking.

Appears in 6 contracts

Sources: Agricultural Land Lease (Limoneira CO), Agricultural Land Lease (Limoneira CO), Agricultural Land Lease (Limoneira CO)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 5 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Wesco Aircraft Holdings, Inc), Standard Industrial/Commercial Single Tenant Lease Net (Wesco Aircraft Holdings, Inc), Lease Agreement (Wesco Aircraft Holdings, Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 4 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease, Asset Purchase Agreement (Item 9 Labs Corp.), Industrial/Commercial Lease

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 4 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (Essxsport Corp), Standard Industrial/Commercial Multi Tenant Lease (Essxsport Corp), Lease Termination and New Lease Agreement (Amistar Corp)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after aGer Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after aGer the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 4 contracts

Sources: Lease Agreement, Standard Industrial/Commercial Multi Tenant Lease Net, Standard Industrial/Commercial Multi Tenant Lease Gross

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 4 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Glass House Brands Inc.), Lease Agreement (Hancock Jaffe Laboratories, Inc.), Standard Industrial/Commercial Single Tenant Lease Net (AutoGenomics, Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 3 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease Net (Cue Health Inc.), Lease Agreement (Cue Health Inc.), Standard Industrial/Commercial Multi Tenant Lease Gross (Vincera Pharma, Inc.)

Condemnation. If there shall be taken during the Lease Term any part of the Leased Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")Building, this Lease shall terminate as Lessor may elect to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate or to continue this Lease in accordance with effect. If Lessor elects to continue the foregoingLease, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility area of the Leased Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations so taken and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the remainder of the Leased Premises caused or the Building resulting from such taking, but in no event shall Lessor be required to spend thereon more than the amount of the award received by Lessor by reason of such Condemnationtaking and allocable thereto. All sums awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee, whether as damages or as compensation, shall be the property of Lessor. If, following any such condemnation, Lessee reasonably determines that the portion of the Leased Premises or the Building remaining after such condemnation is not sufficient to enable Lessee to continue the normal operation of its business as then conducted in the Leased Premises, Lessee shall have the right to terminate this Lease by giving written notice of termination to Lessor within thirty (30) days after Lessee receives notice of such condemnation, which notice shall be effective to terminate this Lease upon the date on which physical possession of the Leased Premises (or such portion thereof) is taken by the condemning authority. If this Lease is terminated under any provision of this Section 14, Rent shall be payable up to the date that possession is taken by the condemning authority and Lessor shall refund to Lessee any prepaid unaccrued Rent less any sums then owing by Lessee to Lessor.

Appears in 3 contracts

Sources: Lease Agreement (Skillsoft Public Limited Co), Lease Agreement (Skillsoft Public Limited Co), Lease Agreement (Skillsoft Public Limited Co)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 3 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Telocity Inc), Standard Industrial/Commercial Single Tenant Lease (Telocity Inc), Lease Agreement (Javelin Systems Inc)

Condemnation. If the Premises all or any portion thereof are taken of the Leased Premises is the subject of a taking under the power of eminent domain or sold under by any legally constituted authority, Landlord will give Client immediate notice thereof. In the threat event of the exercise a partial taking where there remains a sufficient amount of said power (collectively "CONDEMNATION")space to permit Client to carry on its business in a manner comparable to that which it has become accustomed, then this Lease shall terminate as continue, but the obligation to pay rent on the part of Client shall be reduced in an amount proportionate to the part taken as square footage of the date entire Leased Premises relative to the condemning authority takes title or possession, whichever first occurssquare footage taken by such condemnation. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, neither Client nor Landlord elects to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoingevent of a partial taking, this Lease shall remain in full force Landlord will make the repairs and effect as alterations to the Leased Premises necessary to constitute the remaining portion of the Premises remaining, except that Building as a whole architectural unit as soon as practicable and the Base Rent shall be reduced ▇▇▇▇▇ entirely during any period of such restoration and thereafter in proportion to the reduction in utility area of the Leased Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part so taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event all of the Leased Premises shall be taken, or so much of the Leased Premises taken that it is not feasible to continue a reasonably satisfactory operation of the business of Client, then Client shall have the option of terminating this Lease is not terminated by reason within thirty (30) days’ after the date of the Condemnation, Lessor such notice. Such termination shall repair any damage be without prejudice to the Premises rights of either Landlord or Client to recover compensation from the condemning authority for any loss or damage caused by such Condemnationcondemnation, and Client will not share in the proceeds of any condemnation award except as to an award made to Client for cost of moving, loss of business, and trade fixtures. Neither Landlord nor Client shall have any right in or to any award made to the other by the condemning authority.

Appears in 3 contracts

Sources: Master Lease, Master Lease, Master Lease

Condemnation. If the Premises Premises, or any portion part thereof or the whole or any part of the building of which they are a part shall be taken under for any purpose by exercise of the power of eminent domain or sold under condemnation, or by action of the threat city or other authorities or shall receive any direct or consequential damages for which the Lessor or Lessee shall be entitled to compensation by reason of anything lawfully done in pursuance of any public authority after the execution hereof and during said Term, or any extension or renewal thereof, then at the option of either the Lessor or the Lessee, this Lease and said Term shall be terminated and such option may be exercised in the case or any such taking notwithstanding the entire interest of the Lessor and the Lessee may have been divested by such taking. Said option to terminate shall be exercised by either the Lessor or the Lessee, by giving written notice to exercise such option to terminate in the manner described in Section 26 of this Lease. Said option to terminate shall not be exercised by either party (a) earlier than the effective date of taking nor (b) later than thirty (30) days after the effective date of taking. The mailing of the notice of exercise as set forth hereinabove shall be deemed to be the exercise of said power (collectively "CONDEMNATION")option; and upon the giving of such notice, this Lease shall terminate as to the part taken be terminated as of the date of the condemning authority takes title or possession, whichever first occurstaking. If more than ten percent (10%) this Lease and said Term are not to be terminated, then in case of any building portion such taking or destruction or damage to the Premises, rendering the same or any part thereof unfit for use and occupation, a just proportion of the rent hereintofore reserved, according to the nature and extent of the damage to the Premises, shall be suspended or abated until in the case of such taking, what may remain of the Premises, shall have been put in proper condition for use and occupation. The Lessee hereby assigns to the Lessor any and all claims and demands for damages on account any such taking or more than twenty-five percent (25%) for compensation for anything lawfully done in pursuance of any public authority and covenants with the land area portion Lessor that the Lessee will from time to time execute and deliver to the Lessor such further instruments of assignment of any such claims and demands as the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; request provided, however, that the Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or does not this Lease is terminated pursuant assign to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises Lessor any claim based upon ▇▇▇▇▇▇'s personal property or other improvements installed by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationwith ▇▇▇▇▇▇'s written permission.

Appears in 3 contracts

Sources: Residential Lease, Residential Lease, Residential Lease

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 3 contracts

Sources: Sublease Agreement (Masimo Corp), Standard Industrial/Commercial Single Tenant Lease (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)

Condemnation. If In the event that all or any portion of the Premises shall be damaged or taken through condemnation (which term shall include any damage or taking by any governmental authority, quasi-governmental authority, any party having the power of condemnation, or any transfer by private sale in lieu thereof), or any such condemnation shall be threatened, Borrower shall give prompt written notice to Lender. Lender acknowledges that Owner’s rights to any condemnation award is subject to the terms of the Mortgage. Notwithstanding the foregoing, Borrower may not and shall not permit Owner to settle or compromise any claim, action or proceeding relating to such damage or condemnation without the prior written consent of Lender, which shall not be unreasonably withheld, delayed or denied; provided, further, that Owner may settle, adjust and compromise any such claim, action or proceeding which is of an amount less than $250,000 provided no Event of Default has occurred. Any proceeds remaining after the application of any award to reconstruct or repair the Premises or any portion thereof are taken under to the power of eminent domain or sold under the threat payment of the exercise of said power (collectively "CONDEMNATION"), this Lease Mortgage Loan shall terminate as be paid to Lender and applied to the part taken as payment of the date Debt whether or not then due. In the condemning authority takes title event that Owner is permitted pursuant to the terms of the Mortgage to reconstruct, restore or possession, whichever first occurs. If more than ten percent (10%) repair the Premises following a condemnation of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of Borrower shall cause Owner to promptly and diligently repair and restore the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, manner and within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of time periods required by the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leaseholdMortgage, the value of Leases and any other agreements affecting the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Owner is not terminated by reason permitted pursuant to the terms of the CondemnationMortgage to elect not to reconstruct, Lessor shall restore or repair any damage to the Premises caused by such Condemnationfollowing a condemnation of any portion of the Premises, Borrower shall not permit Owner to elect not to reconstruct, restore or repair the Premises without the prior written consent of Lender.

Appears in 3 contracts

Sources: Loan and Security Agreement (Morgans Hotel Group Co.), Loan and Security Agreement (Morgans Hotel Group Co.), Loan and Security Agreement (Morgans Hotel Group Co.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively "CONDEMNATION"all of which are herein called “condemnation”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the improvements on the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises which is not occupied by any buildingimprovements, is taken by Condemnationcondemnation, Lessee may, at Lessee's ’s option, to be exercised in writing only within ten (10) days after Lessor shall have given Lessee written notice of such taking (or nor in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the proportion that the floor area taken bears to the reduction in utility total floor area of the building situated on the Premises. Any award for taking of all or any part of the Premises caused by under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall shall, to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such Condemnationcondemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair.

Appears in 3 contracts

Sources: Lease (Local Matters Inc.), Lease Agreement (Local Matters Inc.), Lease (Local Matters Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion Premises, or more than thirty-five percent (35%) of the Premises not occupied by any building, parking is taken by Condemnation, Lessee Tenant may, at Lessee's Tenant’s option, to be exercised in writing within ten (10) days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not timely terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor Landlord shall repair any damage to the Premises caused by such CondemnationCondemnation to the extent of any proceeds actually received by Landlord.

Appears in 3 contracts

Sources: Lease (Globeimmune Inc), Lease (Globeimmune Inc), Lease (Replidyne Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 3 contracts

Sources: Standard Multi Tenant Office Lease (Newave Inc), Standard Multi Tenant Office Lease (Newave Inc), Standard Multi Tenant Office Lease (Eye Dynamics Inc)

Condemnation. If In the Premises event of any condemnation of all or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")Property, this Lease Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occursoccurs first. If more than ten percent (10%) as a result of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion a partial condemnation of the Premises not occupied by any buildingor Property, LESSEE, in LESSEE’s sole discretion, is taken by Condemnationunable to use the Premises for the purposes intended hereunder, Lessee or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at Lessee's LESSEE’s option, to be exercised in writing within ten fifteen (1015) days after Lessor LESSOR shall have given Lessee LESSEE written notice of such taking (or in the absence of such notice, within ten fifteen (1015) days after the condemning authority shall have taken possession) terminate this Lease Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If Lessee LESSEE does not terminate this Lease Agreement in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the same proportion to as the reduction in utility rentable area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be taken bears to the property of Lessor, whether such award shall be made as compensation for diminution in value total rentable area of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Agreement is not terminated by reason of the Condemnationsuch condemnation, Lessor LESSOR shall promptly repair any damage to the Premises caused by such Condemnationcondemning authority.

Appears in 3 contracts

Sources: Land Lease Agreement, Land Lease Agreement, Land Lease Agreement

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's L▇▇▇▇▇’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by LesseeL▇▇▇▇▇, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Lease Agreement (Brownie's Marine Group, Inc), Lease Agreement (Brownie's Marine Group, Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for value of leasehold, Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Somnus Medical Technologies Inc), Standard Industrial/Commercial Single Tenant Lease (Graphon Corp/De)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemner for Lessee▇▇▇▇▇▇'s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee▇▇▇▇▇▇, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefortherefore. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Multi Tenant Office Lease (America Great Health), Standard Multi Tenant Office Lease (America Great Health)

Condemnation. If the Premises Premises, or any portion part thereof or the whole or any part of the building of which they are a part shall be taken under for any purpose by exercise of the power of eminent domain or sold under condemnation, or by action of the threat city or other authorities or shall receive any direct or consequential damages for which the Lessor of Lessee shall be entitled to compensation by reason of anything lawfully done in pursuance of any public authority after the execution hereof and during said Term, or any extension or renewal thereof, then at the option of either the Lessor or the Lessee, this Lease and said Term shall be terminated and such option may be exercised in the case or any such taking notwithstanding the entire interest of the Lessor and the Lessee may have been divested by such taking. Said option to terminate shall be exercised by either the Lessor or the Lessee, by giving written notice to exercise such option to terminate in the manner described in Section 26 of this Lease. Said option to terminate shall not be exercised by either party (a) earlier than the effective date of taking nor (b) later than thirty (30) days after the effective date of taking. The mailing of the notice of exercise as set forth hereinabove shall be deemed to be the exercise of said power (collectively "CONDEMNATION")option; and upon the giving of such notice, this Lease shall terminate as to the part taken be terminated as of the date of the condemning authority takes title or possession, whichever first occurstaking. If more than ten percent (10%) this Lease and said Term are not to be terminated, then in case of any building portion such taking or destruction or damage to the Premises, rendering the same or any part thereof unfit for use and occupation, a just proportion of the rent hereintofore reserved, according to the nature and extent of the damage to the Premises, shall be suspended or abated until in the case of such taking, what may remain of the Premises, shall have been put in proper condition for use and occupation. The Lessee hereby assigns to the Lessor any and all claims and demands for damages on account any such taking or more than twenty-five percent (25%) for compensation for anything lawfully done in pursuance of any public authority and covenants with the land area portion Lessor that the Lessee will from time to time execute and deliver to the Lessor such further instruments of assignment of any such claims and demands as the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; request provided, however, that the Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or does not this Lease is terminated pursuant assign to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises Lessor any claim based upon ▇▇▇▇▇▇'s personal property or other improvements installed by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationwith ▇▇▇▇▇▇'s written permission.

Appears in 2 contracts

Sources: Residential Lease, Residential Lease

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the Premises, Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemn or for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Lease Agreement (Social Capital Suvretta Holdings Corp. I), Standard Industrial/Commercial Multi Tenant Lease Gross (Social Capital Suvretta Holdings Corp. I)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease Net (International Stem Cell CORP), Standard Industrial/Commercial Multi Tenant Lease Gross

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat whole of the exercise of said power (collectively "CONDEMNATION")Demised Premises shall be taken in condemnation, this Lease shall terminate as to upon the part taken vesting of title in the condemnor and all rent and other charges paid or payable by Tenant shall be apportioned as of the date the condemning authority takes of vesting of title or possession, whichever first occursin such condemnation proceeding. If more than ten percent (10%) of any building portion only part of the PremisesDemised Premises shall be so taken in condemnation so that the remainder cannot be used for the intended purpose, or more than twenty-five percent (25%) then Tenant may either terminate this Lease as to the remainder of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within premises on ten (10) days after Lessor shall have given Lessee written notice of such taking (to Landlord or remain in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as possession of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the remaining portion of the Premises remainingpremises under all of the terms, conditions and covenants of this Lease, except that the Base Rent rent thereafter shall be apportioned and reduced in proportion from the date of each such partial taking to the reduction in utility amount equal to the product of the Premises caused by dollar amount of rent payable on such Condemnationdate and the number of square feet in the part remaining. Condemnation awards and/or payments If this Lease is not so terminated, the proceeds of any award for partial taking shall be applied by Landlord to the property repair, restoration or replacement of Lessorthe remaining premises, whether such award to their condition immediately prior to the condemnation (“Restoration”) and if there be any deficiency, it shall be made as compensation for diminution in value up by Landlord, but if there be any surplus, it shall belong to the Landlord. Said Restoration of the leaseholdremaining premises shall be performed pursuant to plans and specifications reasonably approved by the Human Resources Administration and completed within six (6) months after such approval. In the event said Restoration is not completed within said six (6) months period, Tenant, in addition to any other remedy it may have, may terminate this Lease on ninety (90) days written notice or perform said Restoration and deduct the reasonable cost thereof from any rent which may be due and payable under this Lease. Tenant shall be entitled to apply for a separate award for the value of the improvements and fixtures made or paid for by Tenant upon that part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee premises taken in condemnation and Lessee shall be entitled to hereby waives any and all compensation which is payable therefor. In claim for the event that this Lease is not terminated by reason value of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationits leasehold position.

Appears in 2 contracts

Sources: Lease Renewal and Amendment Agreement, Lease Agreement (Clipper Realty Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and end Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease Gross, Standard Industrial/Commercial Multi Tenant Lease Gross (Zoned Properties, Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill goodwill, and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee▇▇▇▇▇▇, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Lease Agreement (VenHub Global, Inc.), Lease (VenHub Global, Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Multi Tenant Office Lease (1st Century Bancshares, Inc.), Standard Multi Tenant Office Lease (Coast Bancorp/Ca)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%25I) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp), Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp)

Condemnation. If In the event that any portion of the Demised Premises or any portion thereof all of the Demised Premises are taken under the power of eminent domain condemnation proceedings, or sold by sale under the threat of condemnation, Tenant shall have no right to any portion of the exercise condemnation award. This does not preclude the Tenant from the right to recover for business damages and relocation expenses if any, to which it may be entitled under applicable law. If the portion of said power (collectively "CONDEMNATION")the Demised Premises taken is such that Tenant, in Tenant's determination, is not materially affected in the conduct of Tenant's business, then this Lease shall terminate continue in full force and effect with no abatement of rentals to be paid hereunder as to though such property was not taken. If, on the part taken as other hand, the taking of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building a portion of the PremisesDemised Premises is such as to, or more than twenty-five percent in the determination of Tenant, materially affect the conduct of Tenant's business, then and in that event, Tenant shall have the right to an equitable abatement of rent hereunder. If Landlord and Tenant cannot agree on an equitable rental reduction, then the same shall be referred to a panel of three (25%3) arbitrators, one of which is appointed by each party, and the land area portion of third appointed by the Premises not occupied by any buildingfirst two arbitrators, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing who shall meet within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in appointment and then and there determine a fair reduced rental, both parties covenanting and agreeing to be bound by the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforarbitration decision. In the event that the portion or amount of property taken by condemnation or by sale under threat of condemnation is such as to preclude Tenant, in Tenant's determination, from effectively conducting Tenant's business, then Tenant shall have the right to cancel and terminate this Lease is not terminated which said right shall be exercised, if at all, by reason Tenant so notifying Landlord within fifteen (15) days after the taking or conveyance of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationproperty.

Appears in 2 contracts

Sources: Lease Agreement (Invisa Inc), Lease (Invisa Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixturesfixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc), Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc)

Condemnation. If the Premises shall be condemned or taken in its entirety for a public or quasi-public use, all compensation therefore shall be paid to Mortgagee to be used to pay the Mortgage as provided in the Mortgage and any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")remaining funds will be divided between Lessor and Lessee, and this Lease and all obligations hereunder shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occursof taking. If more than ten percent only a portion of the Premises shall be condemned or taken for a public or quasi-public use, any and all awards or compensation arising from such condemnation or taking shall be paid to Mortgagee subject to the terms of the Mortgage, and this Lease shall continue without modification, unless and except that if so much or such portion of the Premises be taken that the taking shall materially interfere with the efficient operation of its business by Lessee on the Premises, the judgment of Lessee as to the materiality of such interference being conclusive, then at any time within sixty (10%60) days after the taking of any building such portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied Lessee may terminate this Lease by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after serving upon Lessor shall have given Lessee written notice of such taking (or in its intention to do so. In the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate event this Lease is so terminated, then any and all awards or compensation arising from such condemnation or taking shall be paid jointly to Lessor and Lessee subject to the terms of the Mortgage, and all obligations hereunder shall cease as of the date of such termination and any funds remaining after the payment of the Mortgage shall be divided between the Lessor and Lessee. Nothing contained herein shall be construed to preclude Lessee from prosecuting any claim directly against the condemning authority takes in such possession. If Lessee does not terminate this Lease in accordance with the foregoingcondemnation proceedings for loss of business, this Lease shall remain in full force and effect as to the portion or depreciation to, damage to, or cost of the Premises remainingremoval of, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation or for diminution in value of the leasehold, the value of the part takenits leasehold interest, or for severance damages; providedstock, howevertrade fixtures, that Lessee shall be entitled furniture and other personal property belonging to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Lease Agreement (Centennial Healthcare Corp), Lease Agreement (Centennial Healthcare Corp)

Condemnation. If In the Premises event of any condemnation of all or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")Property, this Lease Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occursoccurs first. If more than ten percent (10%) as a result of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion a partial condemnation of the Premises not occupied by any buildingor Tower, LESSEE, in LESSEE’s sole discretion, is taken by Condemnationunable to use the Premises for the purposes intended hereunder, Lessee or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at Lessee's LESSEE’s option, to be exercised in writing within ten fifteen (1015) days after Lessor LESSOR shall have given Lessee LESSEE written notice of such taking (or in the absence of such notice, within ten fifteen (1015) days after the condemning authority shall have taken possession) terminate this Lease Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If Lessee LESSEE does not terminate this Lease Agreement in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the same proportion to as the reduction in utility rentable area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be taken bears to the property of Lessor, whether such award shall be made as compensation for diminution in value total rentable area of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Agreement is not terminated by reason of the Condemnationsuch condemnation, Lessor LESSOR shall promptly repair any damage to the Premises caused by such Condemnationcondemning authority.

Appears in 2 contracts

Sources: Water Tower Lease Agreement, Lease Agreement

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after aGer Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after aGer the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Lease Agreement, Standard Industrial/Commercial Multi Tenant Lease Net

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Multitenant Office Lease (Unico American Corp), Standard Multi Tenant Office Lease (Genoptix Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Amistar Corp), Purchase and Sale Agreement (Amistar Corp)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If , it more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leaseholdhousehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for LesseeLessor's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or or, not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (SMTC Corp), Lease Agreement (SMTC Corp)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation or for diminution in value of the leasehold, the value of the part taken, taken or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expensesexpense, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Multi Tenant Office Lease, Office Lease

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, Building or more than twenty-five percent (25%) of the land area any portion of the parking area exclusively serving the Premises not occupied by any building, is taken by Condemnation, or if such taking renders the Premises unusable in Lessee’s reasonable discretion, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, (i) this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion by an amount bearing the same ratio to the reduction in utility total amount of Base Rent as the portion of the Building that is taken by such Condemnation bears to the entire Building and (ii) Lessor shall restore, at Lessor’s sole cost and expense, the portion of the Premises caused by that have not been taken to a condition such Condemnationthat Lessee can reasonably conduct its business in substantially the same manner as prior to such taking. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Lease (SeaSpine Holdings Corp), Lease Agreement (SeaSpine Holdings Corp)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at LesseeL▇▇▇▇▇'s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee L▇▇▇▇▇ does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for LesseeL▇▇▇▇▇'s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by LesseeL▇▇▇▇▇, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Lease Agreement (Ceribell, Inc.), Lease Agreement (Ceribell, Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25percent(25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Future Media Productions), Standard Industrial/Commercial Single Tenant Lease Net (Future Media Productions)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion 25% of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee Tenant may, at Lessee's Tenant’s option, to be exercised in writing within ten (10) days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation paid by the condemnor for Lessee's Tenant’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this ParagraphArticle 14. All Alterations and Utility Installations made to the Premises by LesseeTenant, for purposes of Condemnation only, shall be considered the property of the Lessee Tenant and Lessee Tenant shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor Landlord shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Commercial Lease (NantKwest, Inc.), Commercial Lease (NantKwest, Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively "CONDEMNATION"all of which are herein called “condemnation”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the improvements on the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises which is not occupied by any buildingimprovements, is taken by Condemnationcondemnation, Lessor or Lessee may, at Lessee's either party’s option, to be exercised in writing only within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date of the condemning authority takes such possession. If Lessee does not terminate neither party terminates this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in proportion that the floor area taken bears to the reduction in utility total floor area of the building situated on the Premises. Any award for the taking of all or any part of the Premises caused by under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall shall, to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such Condemnationcondemnation except to the extent that Lessee has been reimbursed therefore by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Digital Domain Media Group, Inc.), Commercial Lease Agreement (Digital Domain)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively all of which are herein called "CONDEMNATIONcondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any the floor area of the building portion of on the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises which is not occupied by any building, is taken by Condemnationcondemnation, Lessee may, at Lessee's option, to be exercised in writing only within ten (10910) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the proportion that the floor area of the building taken bears to the reduction in utility total floor area of the building situation on the Premises. (#8) Any award for the taking of all or any part of the Premises caused by under the power of eminent domain or any payment made under the threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation award for loss of or damage to Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations trade fixtures and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforremovable personal property. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such Condemnationcondemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair.

Appears in 2 contracts

Sources: Standard Industrial Lease (Park Electrochemical Corp), Standard Industrial Lease (Park Electrochemical Corp)

Condemnation. If In the Premises event of any condemnation of all or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")Premises, this Lease Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occursoccurs first. If more than ten percent (10%) as a result of any building portion a partial condemnation of the Premises, Lessee, in Lessee’s discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt Lessee’s operations at the Premises for more than twentyforty-five percent (25%45) of the land area portion of the Premises not occupied by any building, is taken by Condemnationdays, Lessee may, at Lessee's ’s option, to be exercised in writing within ten fifteen (1015) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten fifteen (1015) days after the condemning authority shall have taken possession) terminate this Lease Agreement as of the date the condemning authority takes such possession. Lessee may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If Lessee does not terminate this Lease Agreement in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the same proportion to as the reduction in utility rentable area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be taken bears to the property of Lessor, whether such award shall be made as compensation for diminution in value total area of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Agreement is not terminated by reason of the Condemnationsuch condemnation, Lessor shall promptly repair any damage to the Premises caused by such Condemnationcondemning authority.

Appears in 2 contracts

Sources: Lease Agreement (ARC Group Worldwide, Inc.), Lease Agreement

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"all of which are herein called “Condemnation”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingCommon Areas designated for Tenant’s parking, is taken by Condemnationcondemnation, Lessee Tenant may, at Lessee's Tenant’s option, to be exercised in writing within ten (10) 10 days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) ), terminate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion to as the reduction in utility rentable floor area of the Premises caused by taken bears to the total rentable floor area of the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any portion of the Premises. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damagesLandlord; provided, however, that Lessee Tenant shall be entitled to any compensation compensation, separately awarded to Tenant, for Lessee's Tenant’s relocation expenses, expenses and/or loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforTenant’s trade fixtures. In the event that this Lease is not terminated by reason of such condemnation, Landlord shall to the Condemnationextent of its net severance damages in the condemnation matter, Lessor shall repair any damage to the Premises caused by such Condemnationcondemnation authority.

Appears in 2 contracts

Sources: R&d Lease (Harmonic Inc), Industrial Lease (Foxhollow Technologies, Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the this condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) 20% of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused cause by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for LesseeLessor's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefortherefore. In IN the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (Ironclad Performance Wear Corp), Lease Agreement (Ironclad Performance Wear Corp)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively all of which are herein called "CONDEMNATIONcondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the improvements on the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises which is not occupied by any buildingimprovements, is taken by Condemnationcondemnation, Lessor or Lessee may, at Lesseeeither party's option, to be exercised in writing only within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date of the condemning authority takes such possession. If Lessee does not terminate neither party terminates this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in proportion that the floor area taken bears to the reduction in utility total floor area of the building situated on the Premises. Any award for the taking of all or any part of the Premises caused by under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall shall, to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such Condemnationcondemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Digital Domain), Commercial Lease Agreement (Digital Domain)

Condemnation. Notwithstanding anything contained in this Lease to the contrary, if the whole or any part of the Demised Premises is taken or condemned by any competent authority for any public use or purpose during the term or any extension of this Lease, Landlord reserves unto itself the right to claim and prosecute its claim in all appropriate courts and agencies for an award or damages for such taking based upon its sole interest and ownership of buildings, alterations and improvements on the Demised Premises without Tenant participating in the award. If (a) access to the Demised Premises or any portion thereof are taken under the power of eminent domain or sold under the threat (b) more than 25% of the exercise of said power (collectively "CONDEMNATION")Demised Premises, this Lease shall terminate be taken or condemned so as to render the part taken as remaining portion unsuitable for the continued use or occupancy of the date the condemning authority takes title or possessionTenant, whichever first occurs. If more than ten percent then Tenant may within a period thirty (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (1030) days after the date when possession of the Demised Premises shall be required by the condemning authority shall have taken possession) authority, elect to terminate this Lease as of Lease. In the date the condemning authority takes such possession. If Lessee does not event that Tenant shall fail to exercise this option to terminate this Lease in accordance with the foregoingLease, then this Lease shall remain continue in full force and effect as with respect to the portion of the Demised Premises remaining, except that the Base Rent not so taken and such remaining portion shall be reduced in proportion deemed to be the reduction in utility Demised Premises for the balance of the term of the Lease. Tenant will, with all due diligence and at its own cost and expense, repair and restore the Demised Premises caused by or what may remain of it to its former condition, provided that such Condemnationtaking or condemnation does not occur within the last nine (9) months of the Term of the Lease or any renewal term thereof. Condemnation awards and/or payments There shall be no abatement in the property payment of Lessor, whether such award shall be made as compensation Rent for diminution in value of the leasehold, period prior to Tenant’s election to terminate and vacating the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationPremises.

Appears in 2 contracts

Sources: Lease Agreement (Bway Corp), Lease Agreement (Bway Corp)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 2 contracts

Sources: Temporary Library Lease Agreement, Lease Agreement

Condemnation. If the Premises shall be condemned or taken in its entirety for a public or quasi-public use, all compensation therefore shall be paid to Mortgagee to be used to pay the Mortgage as provided in the Mortgage and any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")remaining funds shall be divided between Lessor and Lessee, and this Lease and all obligations hereunder shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occursof taking. If more than ten percent only a portion of the Premises shall be condemned or taken for a public or quasi-public use, any and all awards or compensation arising from such condemnation or taking shall be paid to Mortgagee subject to the terms of the Mortgage, and this Lease shall continue without modification, unless and except that if so much or such portion of the Premises be taken that the taking shall materially interfere with the efficient operation of its business by Lessee on the Premises, the judgment of Lessee as to the materiality of such interference being conclusive, then at any time within sixty (10%60) days after the taking of any building such portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied Lessee may terminate this Lease by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after serving upon Lessor shall have given Lessee written notice of such taking (or in its intention to do so. In the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate event this Lease is so terminated, then any and all awards or compensation arising from such condemnation or taking shall be paid jointly to Lessor and Lessee subject to the terms of the Mortgage, and all obligations hereunder shall cease as of the date of such termination and any funds remaining after the payment of the Mortgage shall be divided between the Lessor and Lessee. Nothing contained herein shall be construed to preclude Lessee from prosecuting any claim directly against the condemning authority takes in such possession. If Lessee does not terminate this Lease in accordance with the foregoingcondemnation proceedings for loss of business, this Lease shall remain in full force and effect as to the portion or depreciation to, damage to, or cost of the Premises remainingremoval of, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation or for diminution in value of the leasehold, the value of the part takenits leasehold interest, or for severance damages; providedstock, howevertrade fixtures, that Lessee shall be entitled furniture and other personal property belonging to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Lease Agreement (Centennial Healthcare Corp)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is INITIALS: ___________ __________ terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Lease Agreement (Silicon Storage Technology Inc)

Condemnation. If the Premises whole or any portion thereof are part of the Premises shall be taken by any public authority under the power of eminent domain domain, or sold under be conveyed by deed in lieu of condemnation, then the threat term of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to cease on the part so taken as from the day possession of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied so taken is required by any building, is the condemning authority. If the part so taken by Condemnation, Lessee may, at shall destroy the usefulness of the Premises for Lessee's optionbusiness purposes, to be exercised in writing within ten (10) days after Lessor then Lessee shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) right either to terminate this Lease as of such date or to continue in the date possession of the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion remainder of the Premises remainingunder the terms herein provided, except that the then current monthly Base Rent shall be reduced in proportion to the reduction in utility amount of the Premises caused by such Condemnationtaken. Condemnation awards and/or payments If Lessee shall fail to terminate this Lease within thirty (30) days after its receipt of notice of the taking, Lessee's failure shall be regarded as a waiver of its right to cancel, whereupon this Lease shall continue for the property then balance of Lessorthe term. If Lessee exercises its right to cancel, whether such award all advance rent paid by Lessee shall be made adjusted to the date of termination. If Lessee fails to exercise its right to cancel, Lessor shall, at its own cost and expense (but only to the extent of the condemnation proceeds paid to Lessor as compensation for diminution in value the portion of the leaseholdPremises so taken), make repairs made necessary due to the value partial taking. The parties agree that, except as expressly noted in the preceding paragraph, Lessee shall not be entitled to any damages or compensation by reason of the part takentaking of its leasehold or any portion thereof, or for severance damages; provided, however, that Lessee and Lessor shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In paid by the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationcondemning authority.

Appears in 1 contract

Sources: Lease Agreement (Neogen Corp)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes take title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (that 25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes take such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided. Lessee waives all rights to any part of such award including any rights pursuant to NRS 37.115. Lessee shall, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of to the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Lease

Condemnation. If As used in this section, the Premises term "Condemnation Proceeding" shall mean any action or proceeding in which any portion thereof are interest in the Property or in the Improvements is taken under for any public or quasi-public purpose by any lawful authority through exercise of the power of eminent domain or sold under by purchase or otherwise in lieu thereof. If the threat whole of the exercise of said power (collectively "CONDEMNATION")Premises is taken through Condemnation Proceedings, then this Lease shall automatically terminate as to the part taken as of the date of taking. If part, but not all, of the Premises is taken, either the Landlord or the Tenant may terminate this Lease. The Landlord shall have the right to terminate this Lease in the event any portion of the Improvements (whether or not including the Premises) or of the Property is taken which, in the Landlord's reasonable judgment, substantially interferes with the ability to operate or use the Property and Improvements for the purposes for which they were intended. Any such right of termination must be accomplished through written notice to the other party given no later than sixty (60) days after the later of the date of taking or the date on which the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the PremisesIn all other cases, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, if neither party exercises its right to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoingterminate, this Lease shall remain in full force and effect as to the effect. If a portion of the Premises remainingis taken, except that the Base Rent rent payable hereunder shall be reduced in the proportion that the Useable Area taken bears to the reduction original total Useable Area included in utility the Premises. Whether or not this Lease is terminated as a consequence of Condemnation Proceedings, all damages or compensation awarded for a partial or total taking, including any award for severance damages and any sums compensating for diminution in the value of or deprivation of the Premises caused by such Condemnation. Condemnation awards and/or payments leasehold estate under this Lease, shall be the sole and exclusive property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damagesLandlord; provided, however, that Lessee the Tenant shall be entitled to any compensation award for Lessee's relocation expenses, the loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationTenant's alterations approved hereunder, trade fixtures, and removable personal property.

Appears in 1 contract

Sources: Lease Agreement (Clyde Companies Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat whole of the exercise of said power (collectively "CONDEMNATION")Demised Premises shall be taken in condemnation, this Lease shall terminate as to upon the part taken vesting of title in the condemnor and all rent and other charges paid or payable by Tenant shall be apportioned as of the date the condemning authority takes of vesting of title or possession, whichever first occursin such condemnation proceeding. If more than ten percent (10%) of any building portion only part of the PremisesDemised Premises shall be so taken in condemnation so that the remainder cannot be used for the intended purpose, or more than twenty-five percent (25%) then Tenant may either terminate this Lease as to the remainder of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within premises on ten (10) days after Lessor shall have given Lessee written notice of such taking (to Landlord or remain in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as possession of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the remaining portion of the Premises remainingpremises under all of the terms, conditions and covenants of this Lease, except that the Base Rent rent thereafter shall be apportioned and reduced in proportion from the date of each such partial taking to the reduction in utility amount equal to the product of the Premises caused by dollar amount of rent payable on such Condemnationdate and the number of square feet in the part remaining. Condemnation awards and/or payments If this Lease is not so terminated, the proceeds of any award for partial taking shall be applied by Landlord to the property repair, restoration or replacement of Lessorthe remaining premises, whether such award to their condition immediately prior to the condemnation (“Restoration”) and if there be any deficiency, it shall be made as compensation for diminution in value up by Landlord, but if there be any surplus, it shall belong to the Landlord. Said Restoration of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee remaining premises shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated performed pursuant to plans and specifications reasonably approved by the provisions of this Paragraph. All Alterations Human Resources Administration and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforcompleted within six (6) months after such approval. In the event that said Restoration is not completed within said six (6) months period, Tenant, in addition to any other remedy it may have, may terminate this Lease is not terminated by reason of on ninety (90) days written notice or perform said Restoration and deduct the Condemnation, Lessor shall repair reasonable cost thereof from any damage to the Premises caused by such Condemnationrent which may be due and payable under this Lease.

Appears in 1 contract

Sources: Lease Renewal and Amendment Agreement (Clipper Realty Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is taken by Condemnation, . Lessee may, at Lessee's option, to be exercised in writing within ten (10) 30 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 30 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in In proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Navarre Corp /Mn/)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (North American Scientific Inc)

Condemnation. A. In the event the State Land Board receives notification of any condemnation proceedings affecting the Premises, the State Land Board will provide notice of the proceeding to Grantee within ten (10) business days. B. If all of the Premises or any portion thereof are taken by any public authority under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")domain, this Lease Contract shall terminate as to the part taken as of the date the condemning possession was taken by said public authority takes title or possession, whichever first occurspursuant to such condemnation. If more part of the Premises is taken and, in the opinion of either the State Land Board or the Grantee, it is not economically feasible to continue this Contract, either party may terminate this Contract. C. Such termination by either party shall be made by notice to the other party given not later than ten percent thirty (10%30) days after possession is so taken. If part of the Premises is taken and neither the State Land Board nor the Grantee elects to terminate this Contract, the payment due under this Contract shall be abated in the same proportion as the portion of the Premises so taken bears to the whole of the Premises. D. All damages awarded for the taking or damaging of all or any building portion part of the Premises, or more State Land Board owned improvements thereon, shall belong to and become the property of the State Land E. If the temporary use (defined as less than twenty-five percent (25%one year) of the land area portion whole or any part of the Premises not occupied by shall be taken at any buildingtime during the Term of this Contract, is taken by Condemnationthe Grantee shall give prompt notice thereof to the State Land Board; however, Lessee maythe Term, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as rentals and other obligations of the date the condemning authority takes such possession. If Lessee does Grantee under this Contract shall not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced or affected in proportion to the reduction in utility of the Premises caused by such Condemnationany way. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee The Grantee shall be entitled to compensation as determined by applicable law for any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property such temporary taking of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationPremises.

Appears in 1 contract

Sources: Right of Way Contract

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively all of which are herein called "CONDEMNATIONcondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion the floor area of the Premises, Landlord or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee Tenant may, at Lessee's option, by election to be exercised in writing within ten (10) days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee Landlord or Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion to as the reduction in utility rentable floor area of the Premises caused by taken bears to the total rentable floor area of the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any portion of the Premises. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution in of value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation compensation, separately awarded to Tenant for LesseeTenant's relocation expenses, expenses and/or loss of business goodwill and/or Tenant's Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of such condemnation, Landlord shall to the Condemnationextent of its net severance damages received, Lessor shall over and above Tenant's Share of the legal and other expenses incurred by Landlord in the condemnation matter, repair any damage to the Premises caused by such Condemnationcondemnation authority. Tenant shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.

Appears in 1 contract

Sources: Commencement Date Agreement (Brainy Brands Company, Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If , if more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in In accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee▇▇▇▇▇▇'s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is Is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee▇▇▇▇▇▇, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Lease Agreement (Reeds Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively all of which are herein called "CONDEMNATIONcondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion the floor area of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any buildingCommon Areas, is taken by Condemnationcondemnation, Lessee may, at Lessee's option, option to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect affect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion to as the reduction in utility rentable floor area of the Premises caused by taken bears to the total rentable floor area of the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any portion of the Premises. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat to the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in of value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation compensation, separately awarded to Lessee for Lessee's relocation expenses, expenses and/or loss of business goodwill and/or Lessee's Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationcondemnation authority.

Appears in 1 contract

Sources: Lease Agreement (Liquid Audio Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If if more than ten percent (10100%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, . at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; : provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. , In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Lease Agreement (Magnetek Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within Within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Eschelon Telecom Inc)

Condemnation. If If, during the Premises term of this lease, the whole or any portion thereof are part of the demised premises shall be taken under the power of eminent domain Eminent Domain by any public, quasi-public, or sold under private authority, then in such event, the threat proceeds of said condemnation shall be paid to Lessor. A. In the event the taking of the exercise of said power (collectively "CONDEMNATION"), this Lease demised premises shall terminate as to result in a reduction in the part taken as size of the date building and / or parking areas such that the condemning authority takes title or possessionremaining areas are not reasonably suited for the conduct of Lessee's business, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, then Lessee maymay terminate this Lease, at Lessee's optionelection, to be exercised in writing within ten by giving Lessor forty five (1045) days after notice of its election to terminate. B. In the event the taking of the demised premises shall result in a reduction in the size of the building and Lessor shall have given determine that the cost of restoration of the building is not reasonable and within the damages awarded by the condemning authority, then in such event, Lessor may elect to terminate this lease by giving Lessee written forty-five (45) days notice of such its election to terminate. C. In the event the taking (or of the demised premises shall result in a reduction in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as size of the date the condemning authority takes building, and such possession. If Lessee reduction does not terminate this Lease unreasonably affect Lessee's business operation, then in accordance with the foregoing, such an event this Lease shall remain continue in full force and effect as to the portion of the Premises remaining, except that the Base Rent rental shall be reduced in proportion to proportionately based on the reduction in utility of the Premises caused demised area. D. At such time as a notice of intent to condemn is received by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value Lessor will immediately notify Lessee of the leasehold, the value of the part taken, or for severance damages; provided, however, that said action. E. Lessee shall be entitled have the right to maintain an independent action against the condemning authority for condemnation awards, provided that such action shall not serve to reduce any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard award available to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationLessor.

Appears in 1 contract

Sources: Lease Agreement (Delias Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; Initials _____ 20 provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Multi Tenant Office Lease (Eye Dynamics Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Sigma Circuits Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or of possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Sublease Agreement (Mediaplex Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. , All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Lease Agreement (SPI Energy Co., Ltd.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (101 0) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If It Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all ail compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Industrial Commercial Single Tenant Lease Net (Ipl Systems Inc)

Condemnation. If Promptly, upon obtaining knowledge of the Premises institution of any proceedings for the condemnation of any Project or any portion thereof are taken under thereof, or any other proceedings arising out of injury or damage to such Project, or any portion thereof, Borrower will notify the power of eminent domain or sold under the threat Lender of the exercise pendency of such proceedings. The Lender may participate in any such proceedings, and Borrower shall from time to time deliver to the Lender all instruments requested by it which are in Borrower's possession or are reasonably obtainable by Borrower to permit such participation. Borrower shall, at its expense, diligently prosecute any such proceedings, and shall consult with the Lender, its attorneys and experts, and cooperate with them in the carrying on or defense of any such proceedings. All proceeds of condemnation awards or proceeds of sale in lieu of condemnation with respect to such Project and all judgments, decrees and awards for injury or damage to such Project shall be paid to the Lender and shall be applied, first, to reimburse the Lender for all reasonable costs and expenses, including reasonably attorney's fees, incurred in connection with collection of such proceeds and, second, except as otherwise provided herein, the remainder of said power (collectively "CONDEMNATION"), this Lease proceeds shall terminate as be applied to the part taken as payment of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied Note secured by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or Project in the absence of order determined by the Lender in its sole discretion or paid out to repair or restore such noticeProject so affected by such condemnation, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possessioninjury or damage. If Lessee does not terminate this Lease in accordance with Notwithstanding the foregoing, this Lease Lender shall remain in full force and effect as not exercise Lender's option to apply any condemnation proceeds to the portion payment of the Premises remainingNote secured by the affected Project in the case of a Material Condemnation Loss, except if all of the following conditions are met: (i) Borrower is not in default of any term or condition contained in the applicable Note or other Loan Documents relating to such Project; (ii) Lender has determined that the Base Rent shall repair or replacement of such condemned portions of such Project can be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.completed within a reasonable

Appears in 1 contract

Sources: Loan Agreement (Emeritus Corp\wa\)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premises, or more than twenty-five percent (25%) of the land floor area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee Tenant may, at Lessee's Tenant’s option, to be exercised in writing within ten (10) 30 days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) 30 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation paid by the condemnor for Lessee's Tenant’s relocation expenses, loss of business goodwill and/or Trade Fixturesfixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforSection 15. In the event that this Lease is not terminated by reason of the Condemnation, Lessor Landlord shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Office Lease (Vickers Vantage Corp. I)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively all of which are herein called "CONDEMNATIONcondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premises, or more than twenty-five percent (25%) floor area of the land area portion Property of which the Premises are a part is taken by condemnation and Lessee's use of the Premises not occupied by any building, is taken by Condemnationshall be materially interfered with as a result thereof, Lessee or Lessor may, at Lessee's its option, to be exercised in writing only within ten (10) days after Lessor shall have received, or have given Lessee Lessee, written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate neither part terminates this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion Premises. Any award for the taking of all or any part of the Premises remaining, except that under the Base Rent shall be reduced in proportion to the reduction in utility power of eminent domain or any payment made under threat of the Premises caused by exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, however that Lessee shall be entitled to any compensation award for loss of or damage to Lessee's trade fixtures and removable personal property or for any sums allocated for Lessee's relocation costs and expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall to the extent of proceeds received by Lessor in connection with such condemnation, repair or replace any damage to the Premises caused by such Condemnationcondemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority.

Appears in 1 contract

Sources: Lease Agreement (California Culinary Academy Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Aci Telecentrics Inc)

Condemnation. If the entire Premises or any portion thereof reasonable access to it are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the a condemning [Initial] authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation. Commissions have been handled with a separate agreement between Lessor and Broker. J.W.P. [Handwritten on original.]

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Briazz Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Lease Agreement (Liquidmetal Technologies Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes purpose of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefortherefore. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (California Amplifier Inc)

Condemnation. If the Premises are totally taken by condemnation (by a condemning authority other than Tenant or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"a Joint Powers entity that Tenant is a party to), this Lease shall terminate as on the date of the taking and the Landlord shall, without prior notice or demand, refund to the part taken as Tenant a prorated share of any Rent and additional rent for the date period immediately after which the condemning authority takes title Premises or possession, whichever first occursBuilding was taken. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnationcondemnation (by a condemning authority other than Tenant or a Joint Powers entity that Tenant is a party to), Lessee mayand upon notice by Landlord of such taking, at Lessee's optionTenant may elect to terminate this Lease. If Tenant elects to terminate this Lease, Tenant must exercise its right to be exercised in writing terminate pursuant to this Section by giving notice to Landlord within ten thirty (1030) days after Lessor shall have given Lessee written Tenant receives notice of such taking (or in the absence of such notice, within ten (10) days after nature and the condemning authority shall have taken possession) terminate this Lease as extent of the date the condemning authority takes such possessiontaking. If Lessee Tenant does not terminate this Lease in accordance with within the foregoingthirty (30) day period, this Lease shall remain continue in full force and effect as to the portion of the Premises remainingeffect, except that that: (i) the Base Rent shall be reduced by an amount that is in proportion the same ratio to Rent as the total number of square feet in the Premises taken bears to the reduction total number of square feet in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments immediately before the date of taking, and (ii) Tenant’s proportionate share of Operating Costs and of Real Property Taxes shall be the property of Lessor, whether such proportionately reduced. Any condemnation award shall belong to and be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled paid to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.Landlord.‌

Appears in 1 contract

Sources: Office Lease

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever possession,-whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Introbiotics Phamaceuticals Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises Promises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnationcondemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Lease Agreement (Etoys Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemner for Lessee▇▇▇▇▇▇'s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee▇▇▇▇▇▇, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Multi Tenant Office Lease (America Great Health)

Condemnation. Should the whole or any part of the Leased ------------ Property be condemned or taken by a competent authority for any public or quasi- public purpose, all awards payable on account of such condemnation and taking shall be payable to Landlord, and Tenant hereby waives any and all interest therein. For the purpose of this Section 17, a deed granted in lieu of condemnation shall be deemed a taking. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat whole of the exercise of said power (collectively "CONDEMNATION")Leased Property be condemned or taken, then this Lease shall terminate as to the upon such taking. If only part taken as of the date Leased Property is so taken and the condemning authority takes title remaining portion thereof will not be reasonably adequate for the operation of Tenant's business after Landlord completes such repairs or possessionalterations as Landlord elects to make, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, either Landlord or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor Tenant shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) option to terminate this Lease as of said taking by notifying the date the condemning authority takes other party hereto of such possessionelection in writing within twenty (20) days after such taking. In no event shall a taking terminate this Lease without such notification. If Lessee such partial taking does not terminate this Lease in accordance with the foregoingLease, this Lease shall remain continue in full force and effect as to effect, but the portion of the Premises remaining, except that the Base Rent rent provided in Section 3 hereof shall be reduced in by an amount equal to that proportion of such basic rent which the rentable square footage of the portion taken bears to the reduction in utility total rentable square footage of the Premises caused by such CondemnationLeased Property. Condemnation awards and/or payments If any part of the Complex other than the Leased Property shall be so taken or appropriated, Landlord shall have the property of Lessorright, whether such award shall be made as compensation for diminution in value of the leaseholdat its option, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not terminate this Lease is terminated pursuant to the provisions by notifying Tenant within six (6) months of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationtaking.

Appears in 1 contract

Sources: Office Lease (Expedia Inc)

Condemnation. If the Premises Premises, or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.of

Appears in 1 contract

Sources: Lease Agreement (Accelerated Networks Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion 10 % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is taken by Condemnation, . Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be by entitled to any and all compensation which is payable therefortherefore. In the event that this Lease is not terminated by reason of the tile Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Lease Agreement (Aegis Assessments Inc)

Condemnation. If all of the Premises or any portion thereof are taken by any public authority under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")domain, this Lease shall terminate as of the date possession is taken by said public authority pursuant to such condemnation. If any part of the Premises is so taken and, in the opinion of either Lessor or Lessee, it is not economically feasible to continue this Lease in effect, either party may terminate this Lease. If any substantial part of the Building is so taken and, in the opinion of Lessor, it is not economically feasible to continue this Lease in effect, Lessor may terminate this Lease. Such termination by either party shall be made by notice to the part taken other given not later than 30 days after possession is so taken, the termination to be effective as of the later of 30 days after said notice or the date the condemning authority takes title or possession, whichever first occurspossession is so taken. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion part of the Premises not occupied by any buildingor part of the Building is so taken, and neither Lessor nor Lessee elects to terminate this Lease, or until termination is taken by Condemnationeffective, Lessee mayas the case may be, at Lessee's option, to the rental shall be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or abated in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease same proportion as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion so taken bears to the reduction in utility whole of the Premises, and Lessor shall make such repairs or alterations, if any, as are required to render the remainder of the Premises caused by such Condemnationtenantable. Condemnation awards and/or payments All damages awarded for the taking or damaging of all or any part of the Building or the Premises shall belong to and be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled hereby assigns to Lessor any and all compensation which is payable therefor. In claims to such award, but nothing herein contained shall be construed as precluding Lessee from asserting any claim Lessee may have against such public authority for disruption or relocation of Lessee's business on the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationPremises.

Appears in 1 contract

Sources: Sublease Agreement (Concur Technologies Inc)

Condemnation. If the Premises are destroyed by fire or any portion thereof are taken under other cause such that the power of eminent domain or sold under the threat owner of the exercise building determines not to rebuild the same or exercises any right it may have to terminate the governing lease, the Agreement shall expire at such time as HOPE & MAIN’s interest in the Premises is terminated and Licensee thereupon shall surrender its workspace to HOPE & MAIN and shall pay all charges through the time of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurssuch termination. If more than ten percent (10%) of any building portion of such owner shall decide to restore or rebuild the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of and HOPE & MAIN’s interest in the Premises is not occupied by any buildingterminated, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as to effect; however, the portion of the Premises remaining, except that the Base Rent charges payable hereunder shall be reduced abated in proportion to the reduction time in utility which Licensee has been deprived use of its workspace. In no event shall HOPE & MAIN be liable to Licensee for any loss or damage occasioned by such fire or other cause. If the whole or substantially the whole of a building in which your workspace is located is condemned or taken in any manner for any public or quasi-public use or purpose, the Agreement shall cease and terminate as of the Premises caused by date of the taking of possession for such Condemnationuse or purpose. Condemnation awards and/or payments If less than the whole or substantially the whole of such building shall be the property of Lessorso condemned or taken, whether Licensee's workspace is affected, then HOPE & MAIN may, at its option, terminate the Agreement as of the date of the taking of possession of such award use or purpose by Notice to Licensee. Upon any such taking or condemnation and the Agreement continuing in force, the fees payable by the Licensee hereunder shall be made as compensation for diminution abated in value proportion to the time in which Licensee has been deprived use of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee its workspace. Licensee shall be entitled to have no claim arising from any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixturessuch taking and, without regard to whether or not this Lease is terminated pursuant to the provisions limitation, no claim against any proceeds paid on account of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationtaking.

Appears in 1 contract

Sources: Services and Licensing Agreement

Condemnation. If the Premises Premises, or any portion part thereof or the whole or any part of the building of which they are a part shall be taken under for any purpose by exercise of the power of eminent domain or sold under condemnation, or by action of the threat city or other authorities or shall receive any direct or consequential damages for which the Lessor or Lessee shall be entitled to compensation by reason of anything lawfully done in pursuance of any public authority after the execution hereof and during said Term, or any extension or renewal thereof, then at the option of either the Lessor or the Lessee, this Lease and said Term shall be terminated and such option may be exercised in the case or any such taking notwithstanding the entire interest of the Lessor and the Lessee may have been divested by such taking. Said option to terminate shall be exercised by either the Lessor or the Lessee, by giving written notice to exercise such option to terminate in the manner described in Section 26 of this Lease. Said option to terminate shall not be exercised by either party (a) earlier than the effective date of taking nor (b) later than thirty (30) days after the effective date of taking. The mailing of the notice of exercise as set forth hereinabove shall be deemed to be the exercise of said power (collectively "CONDEMNATION")option; and upon the giving of such notice, this Lease shall terminate as to the part taken be terminated as of the date of the condemning authority takes title or possession, whichever first occurstaking. If more than ten percent (10%) this Lease and said Term are not to be terminated, then in case of any building portion such taking or destruction or damage to the Premises, rendering the same or any part thereof unfit for use and occupation, a just proportion of the rent hereintofore reserved, according to the nature and extent of the damage to the Premises, shall be suspended or abated until in the case of such taking, what may remain of the Premises, shall have been put in proper condition for use and occupation. The Lessee hereby assigns to the Lessor any and all claims and demands for damages on account any such taking or more than twenty-five percent (25%) for compensation for anything lawfully done in pursuance of any public authority and covenants with the land area portion Lessor that the Lessee will from time to time execute and deliver to the Lessor such further instruments of assignment of any such claims and demands as the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; request provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.the

Appears in 1 contract

Sources: Residential Lease

Condemnation. If In the Premises event of any condemnation of all or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")Property, this Lease Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occursoccurs first. If more than ten percent (10%) as a result of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion a partial condemnation of the Premises not occupied by any buildingor Tower, LESSEE, in LESSEE’s sole discretion, is taken by Condemnationunable to use the Premises for the purposes intended hereunder, Lessee or if such condemnation may reasonably be expected to disrupt ▇▇▇▇▇▇'s operations at the Premises for more than forty-five (45) business days, LESSEE may, at Lessee's LESSEE’s option, to be exercised in writing within ten fifteen (1015) business days after Lessor LESSOR shall have given Lessee LESSEE written notice of such taking (or in the absence of such notice, within ten fifteen (1015) business days after the condemning authority shall have taken possession) terminate this Lease Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If Lessee LESSEE does not terminate this Lease Agreement in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion to as the reduction in utility rentable area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be taken bears to the property of Lessor, whether such award shall be made as compensation for diminution in value total rentable area of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Agreement is not terminated by reason of the Condemnationsuch condemnation, Lessor LESSOR shall promptly repair any damage to the Premises caused by such Condemnationcondemning authority.

Appears in 1 contract

Sources: Communications Lease Agreement

Condemnation. If In the event that all or any portion of the Premises shall be damaged or taken through condemnation (which term shall include any damage or taking by any governmental authority, quasi-governmental authority, any party having the power of condemnation, or any transfer by private sale in lieu thereof), or any such condemnation shall be threatened, Borrower shall give prompt written notice to Lender. Lender acknowledges that Owner’s rights to any condemnation award is subject to the terms of the Mortgage. Notwithstanding the foregoing, Borrower may not and shall not permit Owner to settle or compromise any claim, action or proceeding relating to such damage or condemnation without the prior written consent of Lender, which shall not be unreasonably withheld, delayed or denied; provided, further, that either Owner may settle, adjust and compromise any such claim, action or proceeding which is of an amount less than $250,000 provided no Event of Default has occurred. Any proceeds remaining after the application of any award to reconstruct or repair the Premises or any portion thereof are taken under to the power of eminent domain or sold under the threat payment of the exercise of said power (collectively "CONDEMNATION"), this Lease Mortgage Loan shall terminate as be paid to Lender and applied to the part taken as payment of the date the condemning authority takes title Debt whether or possession, whichever first occurs. If more than ten percent (10%) not then due without payment of any building prepayment penalty or premium. In the event that Owner is permitted pursuant to the terms of the Mortgage to reconstruct, restore or repair the Premises following a condemnation of any portion of the Premises, or more than twenty-five percent (25%) of the land area portion of Borrower shall cause Owner to promptly and diligently repair and restore the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, manner and within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of time periods required by the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leaseholdMortgage, the value of Leases and any other agreements affecting the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Owner is not terminated by reason permitted pursuant to the terms of the CondemnationMortgage to elect not to reconstruct, Lessor shall restore or repair any damage to the Premises caused by such Condemnationfollowing a condemnation of any portion of the Premises, Borrower shall not permit Owner to elect not to reconstruct, restore or repair the Property without the prior written consent of Lender.

Appears in 1 contract

Sources: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Condemnation. If all or any portion of the Premises or any portion thereof are the Buildings shall be taken under the power of eminent domain or sold under (the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as on the date on which title to the part taken as of the date Premises or portion thereof shall vest in the condemning authority takes title or possession, whichever first occursauthority. If more than ten percent (10%) of any building a portion of the Premises, or more than twenty-five percent (25%) of the land area portion of Property shall be taken but the Premises shall not occupied be affected, then Landlord may at its option terminate this Lease by any building, written notice to Tenant and the Term shall expire on the date on which title is taken by vested in the condemning authority. If the Parking Ratio is reduced as a result of a Condemnation, Lessee may, then Tenant may at Lessee's option, its option terminate this Lease by written notice to be exercised in writing Landlord given within ten (10) days after Lessor shall have given Lessee written following the date Tenant receives notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possessionCondemnation. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force effect following a Condemnation which does not affect the Premises, Tenant’s obligation to pay rent hereunder shall not be affected and effect as Tenant shall not be entitled to any abatement or reduction of rent. Landlord shall be entitled to receive the entire award in any Condemnation proceeding relating to the portion of the Premises remainingor Property, except that Tenant may assert a separate claim against the Base Rent shall be reduced in proportion condemning authority to an award for its moving expenses, for fixtures, personal property installed by Tenant at its expense and for business damages. It is understood that Tenant may seek an award from the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation condemning authority and not against Landlord for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss unexpired Term of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant or any options granted under this Lease, provided such award does not diminish any award to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationLandlord.

Appears in 1 contract

Sources: Lease Agreement (Bio Imaging Technologies Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill good will and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Eco Soil Systems Inc)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingTenant's Reserved Parking Spaces, is taken by Condemnation, Lessee Tenant may, at LesseeTenant's option, to be exercised in writing within ten (10) 10 days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation for LesseeTenant's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by LesseeTenant, for purposes of Condemnation only, shall be considered the property of the Lessee Tenant and Lessee Tenant shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor Landlord shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease Net (Fortunet, Inc.)

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised excercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Trio Tech International)