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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 38 contracts
Sources: Lease Agreement (Staar Surgical Company), Lease Agreement (Carpenter W R North America Inc), Standard Industrial/Commercial Multi Tenant Lease (Vantagemed 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 17 contracts
Sources: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) % of the portion of the Common Areas designated for LesseeTenant's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant for LesseeTenant's relocation expenses and/or loss of Lessee's Trade FixturesTenants trade fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee Tenant shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 10 contracts
Sources: Lease Agreement (Suntek Corp), Lease (Harmonic Inc), Lease (Sonicwall Inc)
Condemnation. If the Premises or any portion thereof or the Office Building Project are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (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%) ; provided that if so much of the floor area Premises or the Office Building Project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Lessee's business conducted from the Premises, or more than twenty-five percent (25%) of Lessee shall have the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised only in writing within ten thirty (1030) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten thirty (1030) days after the condemning authority shall have taken possession) ), to 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 and Lessee's Share of Operating Expense Increase shall be reduced in the same proportion as that the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No Common Areas taken shall be excluded from the Common Areas usable by Lessee and no reduction of Base Rent rent shall occur if with respect thereto or by reason thereof. Lessor shall have the condemnation does not apply option in its sole discretion to any portion terminate this Lease as of the Premisestaking of possession by the condemning authority, by giving written notice to Lessee of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the Premises or the Office Building Project. Any award for the taking of all or any part of the Premises or the Office Building Project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded separate award for loss of or damage to Lessee for Lessee's relocation expenses and/or loss trade fixtures, removable personal property and unamortized tenant improvements that have been paid for by Lessee. For that purpose the cost of Lessee's Trade Fixturessuch improvements shall be amortized over the original term of this Lease excluding any options. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 8 contracts
Sources: Standard Office Lease (Guess Inc Et Al/Ca/), Standard Office Lease (Impac Mortgage Holdings Inc), Lease Agreement (Us Search Corp Com)
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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 6 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Vdi Media), Standard Industrial/Commercial Single Tenant Lease (Formfactor Inc), Lease Agreement (North American Scientific Inc)
Condemnation. If the Premises or any portion thereof or the Office Building Project are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (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%) ; provided that is so much of the floor area Premises or the Office Building Project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Lessee's business conducted from the Premises, or more than twenty-five percent (25%) of Lessee shall have the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised only in writing within ten thirty (1030) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten thirty (1030) days after the condemning authority shall have taken possession) ), to 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 and Lessee's Share of Operating Expense Increase shall be reduced in the same proportion as that the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No Common Areas taken shall be excluded from the Common Areas usable by Lessee and no reduction of Base Rent rent shall occur if with respect thereto or by reason thereof. Lessor shall have the condemnation does not apply option in its sole discretion to any portion terminate this Lease as of the Premisestaking of possession by the condemning authority, by giving written notice to Lessee of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the Premises or the Office Building Project. Any award for the taking of all or any part of the Premises or the Office Building Project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded separate award for loss of or damage to Lessee for Lessee's relocation expenses and/or loss trade fixtures, removable personal property and unamortized tenant improvements that have been paid for by Lessee. For that purpose the cost of Lessee's Trade Fixturessuch improvements shall be amortized over the original term of this Lease excluding any options. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 6 contracts
Sources: Standard Office Lease (Scheid Vineyards Inc), Standard Office Lease (Superior National Insurance Group Inc), Office Lease (Mission Community Bancorp)
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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 5 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Clontech Laboratories Inc), Standard Industrial/Commercial Single Tenant Lease Net (Who Vision Systems Inc /Fl), Commercial Lease Agreement (Software Com 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 such power (all of which are herein called "condemnation"“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 the floor area of the Premises, or if more than twenty-five percent (25%) of the portion floor area of the Common Areas designated for Lessee's parking, improvements on the Premises is taken by condemnationCondemnation, Lessee Lessor may, subject to the terms of any mortgage upon the Premises, at Lessee's Lessor’s option, to be exercised in writing only within ten thirty (1030) days after Lessor shall have given Lessee written notice of such taking (or 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 Lessor 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 same proportion as that the rentable floor area of the Premises 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 building situated on 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, fee or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee award for Lessee's relocation expenses and/or loss of or damage to Lessee's Trade Fixtures’s trade fixtures or removable personal property. In the event that this Lease is not terminated by reason of such condemnationCondemnation, Lessor shall shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred receive by Lessor in the condemnation matterconnection with such Condemnation, repair any damage to the Premises caused by such condemnation Condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 5 contracts
Sources: Lease Agreement (Constar International Inc), Lease Agreement (Constar Inc), Lease Agreement (Constar 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 (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 twenty five percent (1025%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's Tenant’s 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 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 as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction of the 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 power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant for Lessee's Tenant’s relocation expenses and/or loss of Lessee's Tenant’s Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Tenant’s Share of the legal and other expenses incurred by Lessor Landlord in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee Tenant shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 5 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Modified Net (Ooma Inc), Lease (Penumbra Inc), Standard Industrial/Commercial Single Tenant Lease Modified Net (Ooma 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 (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 10 percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 4 contracts
Sources: Annual Report, Form 10 K/A, Lease Agreement (Amerigon 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has bean reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net not severance damages required to complete such repair.
Appears in 4 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels 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 such power (all of which are herein called "condemnation"“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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion floor area of the Common Areas designated for Lessee's parking, improvements on the Premises is taken by condemnationCondemnation, Lessee Lessor may, subject to the terms of any mortgage upon the Premises, at Lessee's Lessor’s option, to be exercised in writing only within ten thirty (1030) days after Lessor shall have given Lessee written notice of such taking (or 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 Lessor 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 same proportion as that the rentable floor area of the Premises 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 building situated on 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, fee or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee award for Lessee's relocation expenses and/or loss of or damage to Lessee's Trade Fixtures’s trade fixtures or removable personal property. In the event that this Lease is not terminated by reason of such condemnationCondemnation, Lessor shall shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred receive by Lessor in the condemnation matterconnection with such Condemnation, repair any damage to the Premises caused by such condemnation Condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 4 contracts
Sources: Lease Agreement (Constar International Inc), Lease Agreement (Constar International Inc), Lease Agreement (Constar International Inc)
Condemnation. If less than twenty percent (20%) of the gross rentable floor area of the Premises or any portion thereof are is taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (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 occurs first, and in addition, Lessor shall have the option in such event to terminate this Lease in full by providing Lessee with written notice thereof within ten (10) days following the date when the condemning authority takes title or possession, whichever first occurs. If more than ten twenty percent (1020%) or more of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, Premises is taken by condemnation, either Lessor or Lessee may, at Lessee's option, to be exercised in writing may terminate this Lease by providing the other with written notice thereof 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 following the date when the condemning authority takes such title or possession, whichever first occurs. If neither Lessor or Lessee does not elects to 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 same proportion as that the gross rentable floor area taken bears to the total gross rentable floor area of the Premises 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 original 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded award for loss or damage to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures’s trade fixtures and removable property. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred actually received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 4 contracts
Sources: Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc), Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc), Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, 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 (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 It more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, . whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation condemnation, matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net not severance damages required to complete such repair.
Appears in 4 contracts
Sources: Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp), Sublease Agreement (Artest 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 (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 lakes title or possession, whichever first occurs. If more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, is Is taken by condemnation, Lessee may, at Lessee's option, to be exercised in In writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in In the absence of such notice, within ten (10) days after alter the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes lakes such possession. If II Lessee does not terminate this Lease in In accordance with the foregoing, this Lease shall remain in 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 as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction of Base Rent shall occur if 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee▇▇▇, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in In the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in In excess of such net severance damages required to complete such repair.
Appears in 4 contracts
Sources: Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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, remaining except that the Base Rent shall be reduced in the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, Lessor whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, provided however that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 4 contracts
Sources: Assignment and Assumption of Sublease (Marimba Inc), Standard Industrial/Commercial Multi Tenant Lease (Intertrust Technologies Corp), Assignment and Assumption of Sublease (Marimba Inc)
Condemnation. If the Premises or any portion thereof or the Office Building Project are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (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%) ; provided that if so much of the floor area Premises or the Office Building Project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Tenant’s business conducted from the Premises, or more than twenty-five percent (25%) of Tenant shall have the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised only in writing within ten thirty (1030) days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such noticenotice , within ten thirty (1030) days after the condemning authority shall have taken possession) ), to 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 rent and Tenant’s Share of Operating Expense Increase shall be reduced in the same proportion as that the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No Common Areas taken shall be excluded from the Common Areas usable by Tenant and no reduction of Base Rent rent shall occur if with respect thereto or by reason thereof Landlord shall have the condemnation does not apply option in its sole discretion to any portion terminate this Lease as of the Premisestaking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the Premises or the Office Building Project. Any award for the taking of all or any part of the Premises or the Office Building Project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, provided however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee separate award for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturesor damage to Tenant’s trade fixtures, removable personal property and unamortized tenant improvements that have been paid for by Tenant. For that purpose the cost of such improvements shall be amortized over the original term of this Lease excluding any options. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor Landlord in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Tenant has been reimbursed therefor by the condemning authority. Lessee Tenant shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 3 contracts
Sources: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.)
Condemnation. If the Premises or any portion thereof or the Office Building Project are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (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%) ; provided that if so much of the floor area Premises or the Office Building Project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Lessee's business conducted from the Premises, or more than twenty-five percent (25%) of Lessee shall have the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised only in writing within ten thirty (1030) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten thirty (1030) days after the condemning authority shall have taken possession) ), to 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 same proportion as that the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No , Common Areas taken shall be excluded from the Common Areas usable by Lessee and no reduction of Base Rent rent shall occur if with respect thereto or by reason thereof. Lessor shall have the condemnation does not apply option in its sole discretion to any portion terminate this Lease as of the Premises. taking of possession by the condemning authority, by giving written notice to Lessee of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the Premises or the Office Building Project Any award for the taking of all or any part of the Premises or the Office Building Project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded separate award for loss of or damage to Lessee for Lessee's relocation expenses and/or loss trade fixtures, removable personal property and unamortized tenant improvements that have been paid for by Lessee. For that purpose the cost of Lessee's Trade Fixturessuch improvements shall be amortized over the original term of this Lease excluding any options. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 3 contracts
Sources: Full Service Lease (Document Capture Technologies, Inc.), Full Service Lease (Document Capture Technologies, Inc.), Full Service Lease (Sysview Technology, 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for LesseeLessor's 's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 3 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Details Inc), Standard Industrial/Commercial Single Tenant Lease Net (Details Capital Corp), Standard Industrial/Commercial Single Tenant Lease Net (Details Inc)
Condemnation. If the Premises or any portion thereof or the Office Building Project are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (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%) ; provided that if so much of the floor area Premises or the Office Building Project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Lessee’s business conducted from the Premises, or more than twenty-five percent (25%) of Lessee shall have the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised only in writing within ten thirty (1030) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten thirty (1030) days after the condemning authority shall have taken possession) ), to 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 and Lessee’s Share of Operating Expense Increase shall be reduced in the same proportion as that the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No Common Areas taken shall be excluded from the Common Areas usable by Lessee and no reduction of Base Rent rent shall occur if with respect thereto or by reason thereof. Lessor shall have the condemnation does not apply option in its sole discretion to any portion terminate this Lease as of the Premisestaking of possession by the condemning authority, by giving written notice to Lessee of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the Premises or the Office Building Project. Any award for the taking of all or any part of the Premises or the Office Building Project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee separate award for Lessee's relocation expenses and/or loss of or damage to Lessee's Trade Fixtures’s trade fixtures, removable personal property and unamortized tenant improvements that have been paid for by Lessee. For that purpose the cost of such improvements shall be amortized over the original term of this Lease excluding any options. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 3 contracts
Sources: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.), Standard Office Lease (Notify Technology 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's Tenant’s 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 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 as the rentable floor area of the Premises 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 power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant for Lessee's Tenant’s relocation expenses and/or loss of Lessee's Trade FixturesTenants trade fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee Tenant shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 3 contracts
Sources: Commercial Lease Agreement (Aytu Biopharma, Inc), Commercial Lease Agreement (Neos Therapeutics, Inc.), Commercial Lease Agreement (Neos Therapeutics, 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 (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, possession whichever first occurs. If more than ten percent (10%) of the floor area of the Premises, Premises or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, Tenant’s 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 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 as the rentable floor area of the Premises 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 power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant for Lessee's Tenant’s relocation expenses and/or loss of Lessee's Tenant’s Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 3 contracts
Sources: Industrial Multi Tenant Lease (Ironclad Performance Wear Corp), Purchase and Sale Agreement (Applied Films Corp), Single Tenant Lease (Applied Films Corp)
Condemnation. If the Premises or any portion thereof are is taken under the power of eminent domain or sold under the threat of the exercise of said power (all either of which are is 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 twenty percent (1020%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, Premises is taken by condemnation, Lessee mayeither party may terminate this Lease by notice to the other, at Lessee's optionin writing, to be exercised in writing only within ten (10) days after Lessor LANDLORD shall have given Lessee TENANT written notice of such taking condemnation or pending condemnation (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease ), such termination to take effect as of the date 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 the same proportion as that the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction , and TENANT shall have no other rights or remedies as a result of Base Rent shall occur if the condemnation does not apply to any portion of the Premisessuch condemnation. 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 power in connection with a condemnation shall be the property of LessorLANDLORD, whether such award shall be made in settlement of contemplated condemnation proceedings or as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance or other damages; provided, however, that Lessee TENANT shall be entitled to any compensationseparate award made to TENANT which does not diminish LANDLORD'S award, separately awarded to Lessee such as for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturesor damage to TENANT'S trade fixtures and removable personal property and TENANT'S moving expenses. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall LANDLORD shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor LANDLORD in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that TENANT has been reimbursed therefor by the condemning authority. Lessee TENANT shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair. LANDLORD shall in no event be obligated to repair or replace any items other than those installed by or at the expense of LANDLORD.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
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 (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%) a portion of the floor land area of the Premises, Premises or more than twenty-five percent (25%) the building of the portion of the Common Areas designated for Lessee's parking, Premises is taken by condemnation, and such taking renders the Premises substantially or entirely unfit for use as set forth herein, in Lessee’s reasonable discretion, Lessee may, at Lessee'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 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 same proportion as that the rentable floor area of the Premises building taken bears to the total rentable floor area of the building situated on the Premises. No reduction of Base Rent rent shall occur if the condemnation only area taken is that which does not apply to any portion of the Premiseshave a building located thereon. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded award for loss of or damage to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturestrade fixtures and removable personal property. In the event that If this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 3 contracts
Sources: Ground Lease Agreement (Pilgrims Pride Corp), Ground Lease Agreement (Pilgrims Pride Corp), Ground Lease Agreement (Pilgrims Pride Corp)
Condemnation. If the Premises or any portion part thereof are taken under the power of by eminent domain or sold under the threat of the exercise of said power (all of which are herein called "condemnation")such power, this Lease shall terminate as to the part so taken effective as of the date upon which the condemning authority takes title or possession, whichever first occursis earlier. If more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, floor area of the Premises is taken by condemnation, Lessee Tenant may, at Lessee's Tenant=s option, terminate this Lease by forwarding written notice to be exercised in writing within ten Landlord not less than five (105) days after Lessor shall have given Lessee Tenant receives written notice of such taking condemnation from Landlord or the condemning authority. If Tenant does not elect (or in the absence fails to timely notify Landlord of such notice, within ten (10Tenant=s election) days after the condemning authority shall have taken possession) to terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate pursuant this Lease in accordance with the foregoingparagraph, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Monthly Rent shall be reduced in the same proportion as the rentable floor area of the portion of the Premises taken bears to the total rentable floor area of the Premises. No entire Premises before the taking, provided, however, that no reduction of Base Monthly Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land upon which there is no building. Any award for or payment made in connection with the taking exercise or threat of all or any part exercise of the Premises under the power of eminent domain as to all or any payment made under threat portion of the exercise of such power Premises shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, compensation separately awarded to Lessee Tenant for Lessee's Tenant=s relocation expenses and/or loss of Lessee's Trade Fixturesthe trade fixtures owned by Tenant, which trade fixtures Tenant would have had a right to remove upon the expiration or other termination of this Lease or expenses Tenant incurs in depopulating and removing the residents from the Premises, including but not limited to any rent, employee bonuses, and retention expenses Tenant incurs in depopulating the Premises in compliance with applicable laws. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall Landlord shall, to the extent of its net severance damages received, received (over and above Lessee's Share of the legal fees, costs and other expenses incurred by Lessor Landlord in connection with the condemnation mattercondemnation), promptly repair any damage damages to the Premises caused occasioned by such condemnation condemnation, except to the extent that Tenant has been separately reimbursed therefor by the condemning authority. Lessee Tenant shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 3 contracts
Sources: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\), Lease 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 (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, and as of such date the Base Rent and Tenant's Share shall be reduced in the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. Landlord's notice shall indicate whether the net severance damages will be expected to be sufficient to repair the damage to the Premises resulting from such condemnation. If more than ten percent (10%) % of the floor area of the Premises, or more than twenty-five percent (25%) % of the portion of the Common Areas designated for LesseeTenant's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant for LesseeTenant's relocation expenses and/or loss of Lessee's Trade FixturesTenants trade fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 3 contracts
Sources: Industrial Multi Tenant Lease (Smarterkids Com Inc), Industrial Multi Tenant Lease (Smarterkids Com Inc), Industrial Multi Tenant Lease (Learningstar Inc)
Condemnation. If the Premises or any portion a on thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area not occupied by any building, is Is taken by condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after alter Lessor shall have given Lessee written notice of such taking (or in 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 , if Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in In full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in In the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken Is land on which there Is no building. 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 power shall be the property properly of Lessor, whether such award shall be made as in compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's Lessees relocation expenses and/or loss of Lessee's `Trade Fixtures. In the event that this Lease is Is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in In the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in In excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (American Custom Components Inc), Standard Industrial/Commercial Single Tenant Lease Gross (American Custom Components 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the The rentable floor area of the Premises 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 un~er the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Micro General Corp), Lease Agreement (Micro General 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for LesseeTenant's parking, is rendered unusable or taken by condemnation, Lessee Tenant may, at LesseeTenant'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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction of the Base Rent shall occur if the condemnation does not apply to any portion of the PremisesPremises or reduce the amount of parking allocated by this Lease to Tenant. 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 power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant for LesseeTenant's relocation expenses and/or loss of LesseeTenant's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above LesseeTenant's Share of the legal and other expenses incurred by Lessor Landlord in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee Tenant shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease Modified Net (SBS Technologies Inc), Lease Agreement (SBS Technologies Inc)
Condemnation. If the Premises or any portion thereof or the Office Building Project are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (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%) ; provided that if so much of the floor area Premises or the Office Building Project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Lessee's business conducted from the Premises, or more than twenty-five percent (25%) of Lessee shall have the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised only in writing within ten thirty (1030) days after Lessor shall have given Lessee written notice of such taking ({or in the absence of such notice, within ten thirty (1030) days after the condemning authority shall have taken possession) ), to terminate this Lease as of the date the condemning authority 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 and Lessee's Share of Operating Expenses shall be reduced in the same proportion as that the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No Common Areas taken shall be excluded from the Common Areas usable by Lessee and no reduction of Base Rent rent shall occur if with respect thereto or by reason thereof. Lessor shall have the condemnation does not apply option in its sole discretion to any portion terminate this Lease as of the Premisestaking of possession by the condemning authority, by giving written notice to Lessee of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the Office Building Project. Any award for the taking of all or any part of the Premises of the Office Building Project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded separate award for loss of or damage to Lessee for Lessee's relocation expenses and/or loss trade fixtures, removable personal property and unamortized tenant improvements that have been paid for by Lessee. For that purpose the cost of Lessee's Trade Fixturessuch improvements shall be amortized over the original term of this Lease excluding any options. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development 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 (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 the floor area of the Premises, or more than twenty---five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area not occupied by any building, is taken by condemnation, Lessee may, at Lessee's option, to be exercised in 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. Any My 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Ddi Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Details Inc)
Condemnation. If the Premises all or any portion thereof are of the Premises is taken under the power of eminent domain or sold under the threat of the exercise of said that power (all of which are herein called "condemnation"“Condemnation”), this Lease shall terminate as to the part so taken or sold on the date the condemning authority takes title or possession, whichever occurs first. If more than fifty percent (50%) of the rentable area of the Premises is taken, either Landlord or Tenant may terminate this Lease as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of occurs first, by delivering written notice to the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised in writing other within ten (10) days after Lessor shall have given Lessee receipt of written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken takes title or possession) terminate this Lease as of the date the condemning authority takes such possession, whichever occurs first). If Lessee does not terminate neither Landlord nor Tenant terminates this Lease in accordance with the foregoingLease, this Lease shall remain in full force and effect as to the portion of the Premises remainingnot taken, except that the Base Rent shall be reduced in proportion to the same proportion as reduction in the rentable floor area square footage of the Premises 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 PremisesBuilding. Any Condemnation 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 power shall be the property of Lessor, Landlord whether such award shall be made as compensation for diminution of reduction in the value of the leasehold or for leasehold, the taking of the fee, the taking of Landlord’s interest in any ground lease, or as severance otherwise. Tenant shall have the right to pursue a Condemnation award to recover its damages; provided, however, provided that Lessee shall be entitled such aware is separate from and does not otherwise reduce any award to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade FixturesLandlord. In the event that If this Lease is not terminated by reason of such condemnationterminated, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation the Condemnation, except that Landlord shall not be obligated to repair any damage for which Tenant has been reimbursed by the condemning authority. Lessee If the damages received by Landlord for repair of the Premises are not sufficient to pay for such repair, Landlord shall have the right to either terminate this Lease or make such repair at Landlord’s expense; provided, however, that if Landlord notifies Tenant of its intent to terminate the Lease due to insufficient funds (“Landlord Condemnation Notice”), then Tenant may by written notice to Landlord within thirty (30) days following receipt of the Landlord Condemnation Notice elect to pay the actual reasonable cost of the repair of the damage that is not covered by the Condemnation proceeds in which case the Lease shall not be responsible for terminated and Landlord shall commence repairs pursuant to this Article Eight. Tenant shall reimburse Landlord such repair costs within thirty (30) days following (A) receipt by Tenant of written evidence and supporting documentation reasonably acceptable to Tenant evidencing such costs and (B) completion of all repairs strictly to the payment condition of any amount the Premises existing prior to the damage, subject to changes approved by Tenant in excess advance in writing, and receipt from the applicable governmental authorities of a fully signed certificate of occupancy or its local equivalent. Tenant shall provide Landlord with notice of such net severance damages required to complete such repairelection within thirty (30) days following receipt of the Landlord Condemnation Notice.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron 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 (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 the floor area of the Premises, or more than twenty-five ten percent (2510%) of the portion of the Common Areas designated for Lessee's Tenant’s 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 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 as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction of the 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 power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant for Lessee's Tenant’s relocation expenses and/or loss of Lessee's Tenant’s Trade FixturesFixtures and for the unamortized costs of Tenant Improvements. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Tenant’s Share of the legal and other expenses incurred by Lessor Landlord in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease Modified Net (Accelrys, Inc.), Standard Industrial/Commercial Multi Tenant Lease Modified Net (Symyx 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area not occupied by any building, is taken by condemnation, Lessee may, at Lessee's Lessees 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Burke Industries Inc /Ca/), Standard Industrial/Commercial Single Tenant Lease Net (Burke Industries Inc /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 (all ell 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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten THIRTY (1030) 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Zytec Corp /Mn/), Lease Agreement (Zytec 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 to the date the condemning authority takes such possession. If Lessee does not terminate this Lease 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 as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold leaseholder or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Spectratek Technologies Inc), Sublease Agreement (Spectratek Technologies 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 power, (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%) 35% of the floor area of the Premises, improvements on the premises or more than twenty-five percent (25%) 35% of the portion land area of the Common Areas designated for Lessee's parkingPremises which is not occupied by any improvements, is taken by condemnation, . Lessee may, at Lessee'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 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 fullforce and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the same proportion as that the rentable floor area of the Premises 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 building situated on 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; damages provided, however, however that Lessee shall be entitled to any compensation, separately awarded award for loss of damage to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturestrade fixtures and removable personal property. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair. award for loss or damage to Lessee's trade fixtures and removable personal property in the event that this Lease is not terminated by reason of such condemnation Lessor shall to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to Premises caused by such condemnation 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 Commercial Industrial Lease (Imarx Therapeutics Inc), Standard Commercial Industrial Lease (Imarx Therapeutics Inc)
Condemnation. (a) If all of the Premises shall be taken by any public or any portion thereof are taken quasi-public authority under the power of condemnation, eminent domain or sold under expropriation, or in the threat event of conveyance of all of the exercise of said power (all of which are herein called "condemnation")Premises in lieu thereof, this Lease shall terminate as to of the day possession shall be taken by such authority. If thirty percent (30%) or less of the Premises shall be so taken or conveyed, this Lease shall terminate only in respect of the part so taken or conveyed as of the date the condemning authority takes title or possession, whichever first occursday possession shall be taken by such authority. If more than ten thirty percent (1030%) of the floor area Premises or if an essential portion of the Property shall be so taken or conveyed, this Lease shall terminate only in respect of the part of the Premises, so taken or more than twenty-five percent (25%) conveyed as of the portion of the Common Areas designated for Lessee's parking, is day possession shall be taken by condemnationsuch authority, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor but Landlord and 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) right to terminate this Lease as upon notice given to the other party within 30 days after such taking of possession. Landlord shall receive any and all funds or compensation paid by the authority for property taken or conveyed, provided that Tenant shall receive any portion of such condemnation proceeds awarded by the authority specifically allocated to improvements paid for by Tenant to the extent such improvements increased the value of the date the condemning authority takes Premises for purposes of such possession. award.
(b) If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain continue in full force and effect as to the any portion of the Premises remainingnot so taken or conveyed, except that the Base Rent Basic Rental and the RA of the Premises shall be computed on the basis of the remainder of the Premises as of the day possession shall be taken. Except as specifically provided herein, in the event of any such taking or conveyance there shall be no reduction in Rent. If this Lease shall continue in effect, Landlord shall make all necessary alterations so as to constitute the remainder of the Premises a complete tenantable unit. Landlord shall do so at its expense, but shall be obligated only to the extent of the net award or other compensation (after deducting all expenses in connection with obtaining same) available to Landlord for the improvements taken or conveyed (excluding any award or other compensation for land). Within thirty (30) days of Landlord’s receipt of the net award or other compensation, Landlord shall advise Tenant whether such funds are sufficient or constitute the remainder of the Premises a complete tenantable unit. If such funds are not sufficient and if Landlord elects therefore not to proceed, or if for any other reason Landlord does not make such alterations to constitute the remainder of the Premises a tenantable unit, Tenant shall have the right upon notice to terminate this Lease. During the period of restoration, Basic Rental shall be abated to the extent the Premises is rendered untenantable and, after the period of restoration, Basic Rental shall be reduced in the same proportion as that the rentable floor area of the Premises taken Taken or otherwise rendered untenantable bears to the total rentable floor area of the Premises just prior to the Taking.
(c) All awards and compensation for any taking or conveyance, whether for the whole or a part of the Premises. No reduction of Base Rent shall occur if , the condemnation does not apply to Property or any other 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 power Park shall be the property of LessorLandlord, whether and Tenant hereby assigns to Landlord all of Tenant’s right, title and interest in and to any and all such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee awards and compensation. Tenant shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor claim in the condemnation matterproceeding such award or compensation as may be allowed for Tenant’s personal property and for loss of business, repair any damage to and the Premises caused by cost of Tenant’s relocation, but only if such condemnation authority. Lessee award or compensation shall be responsible for made by the payment of any amount condemning authority in excess of such net severance damages required addition to, and shall not result in a reduction of, the award or compensation made by it to complete such repairLandlord.
Appears in 2 contracts
Sources: Office Building Lease Agreement (Vivint Solar, Inc.), Office Building Lease Agreement (Vivint Solar, 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 with 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Objectshare Inc), Lease Agreement (Starbase 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or, for the taking of the fee, or as severance damages; provided, however, that lessee shall be entitled to any compensation for diminution of value of the leasehold or, for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Centaur Pharmaceuticals Inc), Lease Agreement (Centaur Pharmaceuticals 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) % of the portion of the Common Areas designated for LesseeTenant's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant for LesseeTenant's relocation expenses and/or loss of Lessee's Trade FixturesTenants trade fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee Tenant shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease (Kyphon Inc), Lease (Kyphon 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Formfactor Inc), Standard Industrial/Commercial Multi Tenant Lease (Formfactor 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 (all of which are herein called "condemnation"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 the floor area of the Premises, or more than twenty-five tive percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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. 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (Supergen Inc), Lease Agreement (Supergen 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 (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 the floor area of the Premises, or more than twenty-twenty five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Arterial Vascular Engineering Inc), Lease Agreement (Arterial Vascular Engineering 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's ’s parking, 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, 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 potion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion as the rentable floor area of the Premises 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 potion 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's ’s relocation expenses and/or loss of Lessee's ’s Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share ’s share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Emmaus Holdings, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Emmaus 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In damages received, over and above the event that this Lease is not terminated legal and other expenses incurred by reason of such Lessor in the condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (CCC Globalcom Corp), Standard Industrial/Commercial Single Tenant Lease (Incomnet 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for by the taking of the fee, fee or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, matter repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Gametech International Inc), Lease Addendum (Gametech International Inc)
Condemnation. If the Premises demised premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (all of which are herein called "condemnationCondemnation"), this Lease 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 the floor area of the Premisesdemised premises, or more than twenty-five percent (25%) % of the portion of the Common Areas designated for LesseeTenant's parking, is taken by condemnationCondemnation, Lessee Tenant may, at LesseeTenant'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 lease as of the date the condemning authority takes such possession. If Lessee Tenant does not terminate this Lease lease in accordance with the foregoing, this Lease lease shall remain in full force and effect as to the portion of the Premises demised premises remaining, except that the Base Rent and any installments of Additional Rent that are payable by Tenant on the basis of Tenant's Share shall be reduced in the same proportion as the rentable floor area square footage of the Premises demised premises taken bears to the total rentable floor area square footage of the Premisesdemised premises. No reduction of Base Rent shall occur if the condemnation Condemnation does not apply to any portion of the Premisesdemised premises. Any award for the taking of all or any part of the Premises demised premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant for LesseeTenant's relocation expenses and/or loss of Lessee▇▇▇▇▇▇'s Trade Fixturestrade fixtures. In the event that this Lease lease is not terminated by reason of such condemnationCondemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation Condemnation matter, repair any damage to the Premises demised premises caused by such condemnation condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Warehouse Lease, Warehouse 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 (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 twenty five percent (1025%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's Tenant’s 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 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 as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction of the 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 power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant for Lessee's Tenant’s relocation expenses and/or loss of Lessee's Tenant’s Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Tenant’s Share of the legal and other expenses incurred by Lessor Landlord in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee Tenant shall be responsible for the payment of any amount in In excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease (Penumbra Inc), Lease Agreement (Penumbra 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 (all of which are herein called "condemnation"), this . 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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Premises taken by condemnation materially impairs Lessee's parking, is taken by condemnationuse and occupancy of the Premises in Lessee's reasonable opinion, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after and 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises, and Rent shall be further equitably abated during any restoration of the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturesfixtures, Utility Installations, Alterations, personal property and the "bonus value" of the Lease. In the event that this Lease is in not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation mattercondemnation, repair any damage to the Premises caused by such condemnation authority. condemnation, except the extent that Lessee has been reimbursed therefor by the condemning authority and Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repairrepair to the extent that Lessee has been reimbursed therefor by the condemning authority.
Appears in 2 contracts
Sources: Sublease Agreement (Rita Medical Systems Inc), Lease Agreement (Rita Medical Systems Inc)
Condemnation. If a part of the Premises or any portion thereof are taken under is condemned for a public use, and the power of eminent domain or sold under the threat of the exercise of said power (all of which are herein called "condemnation")remaining part can nevertheless reasonably be used economically by Lessee, this Lease shall terminate as to the part so taken as of on the date title vests in the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after condemnor and Lessor shall have given no liability to Lessee written notice of such taking (for any damage, loss, inconvenience or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease hardship suffered by Lessee as a result thereof. If all or part of the date Premises is taken and the condemning authority takes such possession. If Lessee does remaining part, if any, cannot terminate this Lease in accordance with the foregoingreasonably be used economically by Lessee, this Lease shall remain in full force and effect as to terminate on the portion of the Premises remaining, except that the Base Rent shall be reduced date title vests in the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premisescondemnor. 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 If all or any part of the Premises under is taken or condemned, all compensation awarded on condemnation (less any amount attributable to growing crops) shall be paid to Lessor and shall be treated as the power proceeds from the sale of eminent domain all or the condemned part of the Premises. Lessee irrevocably assigns and transfers to Lessor any right to compensation or damages to which Lessee may become entitled during the Lease Term as a result of the condemnation of the entire or any payment made under threat part of the exercise Premises, except for that portion of such power shall be any award (a) necessary to reimburse Lessee for Lessee’s crop expenses incurred if title to all or any portion of the property Premises is condemned/transferred pursuant to this Section between November 1st and May 1st of Lessor, whether any year of this Lease or (b) consisting of anticipated or actual profit with regard to any harvested or unharvested crops on the part of the Premises condemned if title to all or any portion of the Premises is transferred pursuant to this Section at any other time of any year of this Lease; provided that any such award to Lessee is separately awarded and shall be made as compensation for diminution of value of not diminish or reduce the leasehold or for award to Lessor with respect to the taking of the feePremises. However, or as severance damages; provided, however, that Lessee shall be entitled to appear in any compensationcondemnation proceedings at its own cost for purposes of seeking from the condemnor such compensation attributable to the taking or damaging of Lessee’s personal property and growing crops. Lessor and Lessee shall prorate Rent with respect to the portion of the Premises condemned, separately awarded as of the date the condemnor assumes title thereto. Lessee hereby waives the rights and benefits set forth in California Code of Civil Procedure Section 1265.130. Lessor represents and warrants to Lessee for Lessee's relocation expenses and/or loss that Lessor has no knowledge of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall any pending condemnation actions with respect to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repairPremises.
Appears in 2 contracts
Sources: Agricultural Lease (Farmland Partners Inc.), Agricultural Lease (Farmland Partners 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 Lessee, written notice of such taking (or in the absence of such notice, within ten thirty (1030) 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be he entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade FixturesFixtures and/or Utility Installations. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Single Tenant Lease (Microage Inc /De/), Single Tenant Lease (Microage Inc /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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (3dshopping Com), Standard Industrial/Commercial Multi Tenant Lease (Innovacom 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 (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 It more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Metacreations Corp), Lease Agreement (Metacreations 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 (all of which are herein called "condemnation"), this Lease shall terminate as to the part so taken as of the date the (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 the floor area of the building on the Premises, or more than twenty-five percent (25%) of the portion land area of the Common Areas designated for Lessee's parkingPremises which is not occupied by any building, is taken by condemnation, Lessee may, at Lessee'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 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 same proportion as that the rentable floor area of the Premises building taken bears to the total rentable floor area of the building situated on the Premises. No reduction of Base Rent rent shall occur if the condemnation only area taken is that which does not apply to any portion of the Premiseshave a building located thereon. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded award for loss of or damage to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturestrade fixtures and removable personal property. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefore by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Industrial Lease (Viper Networks Inc), Industrial Lease (Viper Networks 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In , in the event that this Lease is not terminated by reason of such condemnation, . Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of or any amount in excess of such net no severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Consolidated Capital of North America Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Consolidated Capital of North America 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 (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 fifteen percent (1015%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, Premises is taken by condemnation, Lessee Tenant may, at LesseeTenant's option, to be exercised in writing only 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 the Lease in accordance with the foregoing, this the 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 same proportion as of the rentable floor area of the Premises 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 power of such power eminent domain shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the feefee (or any interest therein), or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensationaward for loss of or damage to Tenant's trade fixtures and removable personal property, separately awarded to Lessee for LesseeTenant's relocation expenses and/or loss and interruption of LesseeTenant's Trade Fixturesbusiness. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall Landlord shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor Landlord in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Tenant has been reimbursed therefor by the condemning authority. Lessee Tenant shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair. If there is a condemnation of any portion of the Building or the land on which the Building is located, and such taking is of so much of the Building that Landlord determines that it cannot resonably and economically operate the Building for the purpose for which it was operated prior to such condemnation, Landlord may, in such an event terminate this Lease by giving Tenant written notice thereof with ninety (90) days of the date of such condemnation and, in such a case, any award will be located as provided above.
Appears in 2 contracts
Sources: Lease Agreement (Citysearch Inc), Lease Agreement (Ticketmaster Online Citysearch 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) % of the portion of the Common Areas designated for Lessee's Tenant’s, parking, is taken by condemnation, 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 as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premisespremises. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damagesLandlord; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant, for Lessee's Tenant’s relocation expenses and/or loss of Lessee's Trade FixturesTenant’s trade fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee Tenant shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Industrial Lease (CAPSTONE TURBINE Corp), Industrial Lease (Capstone Turbine Corp)
Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold by Landlord under the threat of the exercise of said power (all of which are is herein called "referred to as “condemnation"”), this Lease 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%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, Project 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 (either Landlord or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) Tenant may terminate this Lease as of the date the condemning authority takes possession by notice in writing of such election within twenty (20) days after the condemning authority shall have taken possession. If Lessee does not terminate this Lease in accordance with the foregoingis not terminated by either Landlord or Tenant, this Lease then it shall remain in full force and effect as to the portion of the Premises remaining, except that provided the Base Rent shall be reduced in the same proportion as that the rentable floor area of taken within the Premises 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 all of the PremisesPremises leased to Tenant pursuant hereto. Any award In the event this Lease is not so terminated, then Landlord agrees, at Landlord’s sole cost, to restore the Premises as soon as possible to a complete unit reasonably capable in Landlord’s opinion of accommodating Tenant’s usage as that usage existed prior to the condemnation. All awards for the taking of all or any part of the Premises under the power of eminent domain or any payment made under the threat of the exercise of such power of eminent domain shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the feefee of severance damages (including without limitation bonus value). Nothing contained herein shall be deemed to give Landlord any interest in or to require Tenant to assign to Landlord any award made to Tenant for the taking of personal property and fixtures belonging to Tenant and/or for the interruption of or damage to Tenant’s business and/or for Tenant’s unamortized cost of its leasehold improvements provided that as to partitions or other improvements in the nature of realty installed or constructed by Tenant, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensationreceive only the unamortized cost thereof computed over the remaining useful life, separately awarded not to Lessee for Lessee's relocation expenses and/or loss exceed the balance of Lessee's Trade Fixturesthe initial term of this Lease. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall Landlord shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor Landlord in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation authority. Lessee except to the extent that Tenant has been reimbursed therefore by the condemning authority in which case Tenant shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 2 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 (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, possession whichever first occurs. If more than the ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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, 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 as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that that this Lease is not terminated by reason of such condemnation, Lessor shall be to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Homestead Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Homestead Com 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; : provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Quality Systems Inc), Purchase and Sale Agreement (Pacific Gulf 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 thirty (1030) days after the condemning authority shall have taken possession) terminate this Lease as s 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 the same proportion as the rentable floor area of the Premises 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. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or, for the taking of the fee, or as severance damages; provided, however, that lessee shall be entitled to any compensation for diminution of value of the leasehold or, for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Centaur Pharmaceuticals Inc), Standard Industrial/Commercial Multi Tenant Lease Gross (Centaur Pharmaceuticals 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's Lessee parking, 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 t the portion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, . separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In , in the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Lease Agreement (Futon World Inc), Lease Agreement (Futon World Inc)
Condemnation. If more than fifty percent (50%) of the Premises Premises, or any portion thereof such portions of the Building as may be required for the Tenant’s reasonable use of the Premises, are taken under the power of by eminent domain or sold under the threat of the exercise of said power (all of which are herein called "condemnation")by conveyance in lieu thereof, this Lease shall automatically terminate as to the part so taken as of the date the condemning authority takes title or possessionphysical taking occurs, whichever first occursand all Base Rent, Additional Rent and other sums payable under this Lease shall be paid to that date. If more than ten percent (10%) In case of taking of a part of the Building that is not required for the Tenant’s reasonable use of the Premises, then this Lease shall continue in full force and effect and the Base Rent shall be equitably reduced based on the proportion by which the floor area of the PremisesPremises is reduced, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, such reduction in Base Rent 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 effective as of the date the condemning authority takes such possessionphysical taking occurs. If Lessee does not terminate this Lease in accordance with the foregoing, Additional Rent and all other sums payable under this Lease shall remain in full force not be abated but Tenant’s Pro Rata Share (Operating Costs) and effect Tenant’s Pro Rata Share (Property Taxes) shall be redetermined as equitable under the circumstances. Landlord reserves all rights to damages or awards for any taking by eminent domain relating to the portion Premises, Building, Land and the unexpired term of this Lease. Tenant assigns to Landlord any right Tenant may have to such damages or award and Tenant shall make no claim against Landlord for damages for termination of its leasehold interest or interference with Tenant’s business, Tenant shall have the right, however, to claim and recover from the condemning authority compensation for any loss to which Tenant may be entitled for Tenant’s moving expenses the value of furnishings, equipment and trade fixtures installed in the Premises remainingat Tenant’s sole cost, except that the Base Rent shall or other relocation costs; provided that, such expenses or costs may be reduced claimed only if they are awarded separately in the same proportion eminent domain proceedings and not as the rentable floor area of the Premises 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 a part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated damages recoverable by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repairLandlord.
Appears in 2 contracts
Sources: Deed of Lease (Opower, Inc.), Deed of Lease (Opower, Inc.)
Condemnation. If the Premises or any portion thereof or the Office Building Project are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (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%) ; provided that if so much of the floor area Premises or the Office Building Project are taken by such condemnation as would substantially and adversely affect the operation and profitability of ▇▇▇▇▇▇'s business conducted from the Premises, or more than twenty-five percent (25%) of Lessee shall have the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised only in writing within ten thirty (1030) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten thirty (1030) days after the condemning authority shall have taken possession) ), to 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 and ▇▇▇▇▇▇'s Share of Operating Expense Increase shall be reduced in the same proportion as that the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No Common Areas taken shall be excluded from the Common Areas usable by Lessee and no reduction of Base Rent rent shall occur if with respect thereto or by reason thereof. Lessor shall have the condemnation does not apply option in its sole discretion to any portion terminate this Lease as of the Premisestaking of possession by the condemning authority, by giving written notice to Lessee of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the Premises or the Office Building Project. Any award for the taking of all or any part of the Premises or the Office Building Project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as a compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee separate award for Lessee's relocation expenses and/or loss of or damage to ▇▇▇▇▇▇'s trade fixtures, removable personal property and unamortized tenant improvements that have been paid for by Lessee's Trade Fixtures. For that purpose the cost of such improvements shall be amortized over the original term of this Lease excluding any options. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that ▇▇▇▇▇▇ has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 2 contracts
Sources: Sublet Agreement (California Software Corp), Sublet Agreement (California Software Corp)
Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under surrender the threat of the exercise of said power (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee 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
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 (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%) 5% of the floor area of the Premises, or more than twenty-five percent (25%) 50% of the portion of the Common Areas designated for Lessee's Tenant’s parking, is taken by condemnation, 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 as the rentable floor area of the Premises 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 PremisesPremises or Tenant parking. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damagesLandlord; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant, for Lessee's Tenant’s relocation expenses and/or loss of Lessee's Trade FixturesTenant’s trade fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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: Industrial Lease (InvenSense Inc)
Condemnation. If It 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 (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, possession whichever first occurs. If It more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's Lessees parking, 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 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 the she same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the feetee, or as severance damages; , provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade FixturesFixtu▇▇▇. In ▇n the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of extents its net severance damages received, over and above Lessee's Share of the legal th▇ ▇▇▇▇l and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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: Lease (Empyrean Bioscience 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 (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 twenty percent (1020%) of the floor area of the Premises, or more than twenty-five twenty percent (2520%) of the portion of the Common Areas designated for Lessee's parkingland area not occupied by any building, is taken by condemnation, Lessee either Landlord or Tenant may, at Lessee's its option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee receipt of 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 Landlord nor Tenant 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 shall be reduced in the same proportion as the rentable floor area of the Premises taken (less any addition thereto by reason of any reconstruction) bears to the total original rentable floor area of the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, compensation separately awarded to Lessee Tenant for LesseeTenant's relocation expenses and/or loss of LesseeTenant's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall Landlord shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor Landlord in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Tenant has been reimbursed therefor by the condemning authority. Lessee 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
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 (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 titles or possession, whichever first occurs. If more than ten percent (10%) % of the floor area of the Premisesimprovements on the premises, or more than twenty-five percent (25%) 25 % of the portion land area of the Common Areas designated for Lessee's parkingPremises which is not occupied by any improvements, is taken by condemnation, Lessee may, at Lessee'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 shalt 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 same proportion as that the rentable floor area of the Premises 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 building situated on 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded award for loss of or damage to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturestrade fixtures and removable personal property. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by tile condemning authority. Lessee lessee shall be responsible for the payment of any pay amount in excess of such net severance damages required to complete such repair.
Appears in 1 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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: Standard Industrial/Commercial Multi Tenant Lease (La Jolla Pharmaceutical 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee 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: Standard Industrial/Commercial Single Tenant Lease Gross (Simpson Manufacturing Co Inc /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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee 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: Lease Agreement (Steri Oss Inc)
Condemnation. If the Premises or any portion thereof or the Project are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (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%) ; provided, however, that, if so much of the floor area Premises or the Project are taken by such condemnation as would in Landlord’s opinion substantially and adversely affect the operation and profitability of Tenant’s business conducted from the Premises, or more than twenty-five percent (25%) of Tenant shall have the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised only in writing within ten thirty (1030) days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten thirty (1030) days after the condemning authority shall have taken possession) ), to 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 rent and Tenant’s Expense Share and Tenant’s Tax Share shall be reduced in the same proportion as that the rentable floor area square feet of the Premises taken bears to the total rentable floor area square feet of the Premises. No Common Areas taken shall be excluded from the Common Areas usable by Tenant and no reduction of Base Rent rent shall occur if with respect thereto or by reason thereof. Landlord shall have the condemnation does not apply option in its sole discretion to any portion terminate this Lease as of the Premisestaking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the Premises or the Project. Any award for the taking of all or any part of the Premises or the Project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee separate award for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturesor damage to Tenant’s trade fixtures, removable personal property and unamortized tenant improvements that have been paid for by Tenant. For that purpose the cost of such improvements shall be amortized over the original term of this Lease excluding any options. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor Landlord in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Tenant has been reimbursed therefor by the condemning authority. Lessee Tenant shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair. Notwithstanding the foregoing, Landlord shall only have the right to terminate this Lease if Landlord terminates the leases of other tenants similarly affected by the taking.
Appears in 1 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area not occupied by any building, is taken by condemnation, 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee 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: Standard Industrial/Commercial Single Tenant Lease Net (Marketing Specialists Corp)
Condemnation. If the Premises or any portion thereof hereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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
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 (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 the floor area of the PremisesImprovements on the premises, or more than twenty-five percent (25%) % of the portion land area of the Common Areas designated for Lessee's parkingPremises which is not occupied by any improvements, is taken by condemnation, Lessee may, at Lessee'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 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 same proportion as that the rentable floor area of the Premises 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 building situated on 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded award for loss of or damage to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturestrade fixtures and removable personal property. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 1 contract
Sources: Standard Industrial Lease (Organic Food Products 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's ’s parking, 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 the same proportion as the rentable floor area of the Premises 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 or eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's ’s relocation expenses and/or loss of Lessee's ’s Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's ’s Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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: Standard Industrial/Commercial Multi Tenant Lease (Align Technology Inc)
Condemnation. 295310.5 3/23/15 1:35 PM 14 ▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇▇▇▇▇▇.▇▇▇ If the Licensed 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 (all of which are herein called "condemnation"), this Lease License 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%) ; provided that if so much of the floor area Licensed Premises are taken by such condemnation as would substantially and adversely affect the operation and profitability of Licensee's business conducted from the Licensed Premises, or more than twenty-five percent (25%) of Licensee shall have the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten thirty (1030) days after Lessor Licensor shall have given Lessee Licensee written notice of such taking (or in the absence of such notice, within ten thirty (1030) days after the condemning authority shall have taken possession) ), to terminate this Lease License as of the date the condemning authority takes such possession. possession If Lessee Licensee does not terminate this Lease License in accordance with the foregoing, foregoing this Lease License shall remain in full force and effect as to the portion of the Licensed Premises remaining, remaining except that the Base Rent Monthly License Fee shall be reduced in the same proportion as that the rentable floor area portion of the Licensed Premises taken bears to the total rentable floor area acreage of the Premises. No reduction of Base Rent Licensed Premises before the taking Licensor shall occur if have the condemnation does not apply option in its sole discretion to any portion terminate this License as of the Premises. taking of possession by the condemning authonty, by giving written notice to Licensee of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the Licensed Premises Any award for the taking of all or any part of the Licensed Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of LessorLicensor, whether such award shall be made as compensation for diminution of in value of the leasehold license or for the taking of the fee, fee or as severance damages; provided, damages and Licensee shall have no claim against Licensor for the value of any unexpired term of this License provided however, that Lessee so long as such action or the payment of such compensation and damages shall not affect or diminish the compensation and damages payable to Licensor upon condemnation as herein provided Licensee shall be entitled to any compensation, separately awarded to Lessee separate award which Licensee must pursue for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any or damage to Licensee's trade fixtures removable personal property and unamortized improvements that have been paid for by Licensee and if permitted by the Premises caused by such condemnation authority. Lessee condemning authonty, shall be responsible for the payment of any amount in excess of permitted to remove such net severance damages required to complete such repairtrade fixtures and removable personal property.
Appears in 1 contract
Sources: Land License
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 (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%) 35% of the floor area of the Premises, improvements on the premises or more than twenty-five percent (25%) 35% of the portion land area of the Common Areas designated for Lessee's parkingPremises which is not occupied by any improvements, is taken by condemnation, Lessee may, at Lessee'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 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 same proportion as that the rentable floor area of the Premises 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 building situated on 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, fee or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded award for loss or damage to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturestrade fixtures and removable property. In the event that this Lease is not terminated by reason reasons of such condemnation, Lessor shall shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefore by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 1 contract
Sources: Standard Commercial Industrial Lease (Microhelix Inc)
Condemnation. If the Premises or any portion thereof are permanently taken under the power of eminent domain or sold under the threat of the exercise of said power (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten thirty (1030) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten thirty (1030) 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade FixturesFixtures and any Lessee-Owned Alterations and/or Utility Installations which Lessee would be entitled to salvage at the expiration of the Lease. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.severance
Appears in 1 contract
Sources: Commercial Multi Tenant Lease (Cardiodynamics International 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 (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, possession whichever first occurs. If more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area are a of the Premises 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 unless the common areas are condemned in a manner that materially affects Lessee's access to 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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: Lease Agreement (Iown 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 (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%) l 0% of the floor area of the Premises, or more than twenty-five percent (25%) % of the portion of the Common Areas designated for Lessee's Tenant’s parking, is taken by condemnation, Lessee Tenant may, at Lessee's Tenant’s option, to be exercised in writing within ten (10) l 0 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 as the rentable floor area of the Premises 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 power shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded to Lessee Tenant for Lessee's Tenant’s relocation expenses and/or loss of Lessee's Trade FixturesTenants trade fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor Landlord shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage damages to the Premises caused by such condemnation authority. Lessee Tenant shall not be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.. Multi-Tenant Lease – PLx Pharma Inc.
Appears in 1 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which where is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In Fixtures in the event that this Lease is not terminated by reason of such condemnation, . Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee 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: Assignment and Assumption of Lease (Leap Wireless International 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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: Standard Industrial/Commercial Multi Tenant Lease (Razorfish 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 (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, possession whichever first occurs. If occurs if more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, land area not occupied by any building is taken by condemnation, . Lessee may, 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 for in the absence of such notice, 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. possession If Lessee does not terminate this Lease in accordance with the foregoing, foregoing this Lease shall remain in full force and effect as to the portion of the Premises remaining, remaining except that the Base Rent shall be reduced in the same proportion as the as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, Lessor whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, fee or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or and or loss of Lessee's Trade Fixtures. In Fixtures in the event that this Lease is not terminated by reason of such condemnation, . Lessor shall to the extent extend of its net severance damages received, received over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, matter repair any damage to the Premises caused by such condemnation authority. except to the extent that Lessee has been reimbursed therefor by the condemning authority Lessee 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: Standard Industrial/Commercial Single Tenant Lease Net (Farah 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, . Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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
Condemnation. If the Premises premises or any portion thereof of the Industrial Center are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease shall terminate as at 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 the floor area of the Premises, or more than twenty-five percent (25%) of the that portion of the Common Areas common areas designated as parking for Lessee's parking, the Industrial Center is taken by condemnation, Lessee may, at Lessee's option, such option to be exercised in writing only within ten (10) days after Lessor shall have given Lessee written notice of such taking (or 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 same proportion as that the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction of Base Rent rent shall occur if the condemnation only area taken is that which does not apply to any portion of have the PremisesPremises located thereon. Any award for the taking condemnation 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance [damages]; provided, however, that Lessee shall be entitled to any compensation, separately awarded award for loss of or damage to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturestrade fixtures and removable personal property. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 1 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 (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 less than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, Premises 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. If more than ten percent (10%) of the floor area of the Premises is taken by condemnation, Lessee shall have the right, exercisable at Lessee's option, to terminate the Lease. If Lessee does not elect to terminate the Lease, the Monthly Base Rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises prior to the taking . No reduction of Base Rent shall occur if the condemnation does not apply to any portion of the Premises, and does not reduce Lessee's parking or unreasonably adversely impact access to 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; , provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturesexpenses. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, received over and above Lessee's Share of the legal and other expenses incurred by Lessor in m the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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: Lease (Ilive Inc/Nv)
Condemnation. If the Premises or any portion thereof or the Office Building Project are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (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%) ; provided that if so much of the floor area Premises or the Office Building Project are taken by such condemnation as would substantially and adversely affect the operation or profitability of Lessee's business conducted from the Premises, or more than twenty-five percent (25%) of . Lessee shall have the portion of the Common Areas designated for Lessee's parking, is taken by condemnation, Lessee may, at Lessee's option, to be exercised only in writing within ten thirty (1030) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten thirty (1030) days after the condemning authority shall have taken possession) ), to 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 and Lessee's Share of Operating Expense Increase shall be reduced in the same proportion as that the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No Common Areas taken shall be excluded from the Common Areas usable by Lessee and no reduction of Base Rent rent shall occur if with respect thereto or by reason thereof. Lessor shall have the condemnation does not apply option in its sole discretion to any portion terminate this Lease as of the Premisestaking of possession by the condemning authority by giving written notice to Lessee of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the Premises or the Office Building Project. Any award for the taking of all or any part of the Premises or the Office Building Project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded separate award for loss of or damage to Lessee for Lessee's relocation expenses and/or loss trade fixtures, removable personal property and unamortized tenant improvements that have been paid for by Lessee. For that purpose the cost of Lessee's Trade Fixturessuch improvements shall be amortized over the original term of this Lease excluding any options. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor in the condemnation matterconnection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair.
Appears in 1 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's ’s parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's ’s relocation expenses and/or loss of Lessee's ’s Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's ’s Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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
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 (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 the floor area of the building or the Premises, or more than twenty-five percent (25%) of the portion land area of the Common Areas designated for Lessee's parkingPremises which is not occupied by any building, is taken by condemnation, Lessee Condemnation; then Tenant may, at LesseeTenant's option, option to be exercised in writing only 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 the same proportion as that the rentable floor area of the Premises taken bears to the total rentable floor area of the building situated on the Premises. No reduction of Base in Rent shall occur if the condemnation only area taken is that which does not apply have a building located thereon; nor shall Landlord be under any obligation or liable to provide any portion replacement of the Premisesany exclusive parking, if any, assigned to Tenant, located on any condemned land area. Any award for the taking of all or any part of the Premises under the power of eminent domain domain, or any payment made under threat of the exercise of such power power, shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation, separately awarded award for loss or damage to Lessee for LesseeTenant's relocation expenses and/or loss of Lessee's Trade Fixturestrade fixtures and removable personal property. In the event that this Lease is not terminated by reason of such condemnationCondemnation, Lessor shall Landlord shall, to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred received by Lessor Landlord in the condemnation matterconnection with such Condemnation, repair any damage to the Premises caused by such condemnation Condemnation, except to the extent that Tenant has been reimbursed therefor by the condemning authority. Lessee If Tenant does not terminate this Lease in accordance with the provisions of this Paragraph 14, Tenant shall be responsible for the payment of pay any amount in excess of such net severance damages required to complete such repair. In the event the Lease is terminated due to condemnation, Tenant shall have no ongoing obligation for the Premises under the Lease.
Appears in 1 contract
Sources: Standard Industrial Lease (Metatec International 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's ’s relocation expenses and/or loss of Lessee's ’s Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee 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
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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In Fixtures and loss of goodwill in the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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: Standard Industrial/Commercial Multi Tenant Lease (Releasenow Com Corp)
Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or of sold under the threat of the exercise of said power (all of which are herein called "condemnationCONDEMNATION"), this Lease shall terminate as to the part so taken as of the date the of condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; : provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee 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: Sublease Agreement (Inland Northwest Bancorporation 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor ▇▇▇▇▇▇ in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that ▇▇▇▇▇▇ has been reimbursed therefor by the condemning authority. Lessee 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: Long Term Lease (Pacific Research & Engineering 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 (all of which are herein called "condemnationcondemnations"), 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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 Initial_________ _________ Industrial/Commercial Multi-Tenant Lease - Gross Page 25 of 34 26 such power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In in the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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: Standard Industrial Commercial Multi Tenant Lease (Rockford 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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixturesfixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.. (SEE ADDENDUM #5 AND #6)
Appears in 1 contract
Sources: Lease Agreement (Idealab)
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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parking, 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 the same proportion as the rentable floor area of the Premises 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation authority. Lessee 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
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 (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 the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas designated for Lessee's parkingland area 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 the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any only portion of the PremisesPremises taken is land on which there is no building. 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 power shall be the property of Lessor, whether such award shall be made as compensation for diminution of in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any compensation, compensation separately awarded to Lessee for Lessee's relocation expenses and/or loss of Lessee's Trade Fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of its net severance damages received, over and above Lessee's Share of the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such condemnation condemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee 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: Lease Agreement (Cmgi Inc)