Common use of Eminent Domain in General Clause in Contracts

Eminent Domain in General. If the whole of the Property, Building, Premises and Additional Property for Parking, shall be taken or appropriated under the power of eminent domain or condemnation (a “Taking”) so as to render the balance unusable by Tenant, either Landlord or Tenant may terminate this Lease and the termination date shall be the date of the Taking, or the date possession is taken by the Taking authority, whichever is earlier. If the whole or any part of the Property, Building, Premises or Additional Property for Parking, is the subject of a Taking and such Taking materially affects the normal operation of Tenants use of the Property, Building, Premises and Additional Property for Parking, either Landlord or Tenant may elect to terminate this Lease. A sale by Landlord under threat of a Taking shall constitute a Taking for the purpose of this Paragraph 9.2. No award for any partial or entire Taking shall be apportioned. Landlord shall receive (subject to the rights of Landlord’s mortgagees) and Tenant hereby assigns to Landlord any award which may be made and any other proceeds in connection with such Taking, together with all rights of Tenant to such award or proceeds, including, without limitation, any award or compensation for the value of all or any part of the leasehold estate; provided that nothing contained in this Paragraph 9.2(a) shall be deemed to give Landlord any interest in or to require Tenant to assign to Landlord any separate award made to Tenant for (i) the taking of Tenant’s Property, or (ii) interruption of or damage to Tenant’s business, or (iii) Tenant’s moving and relocation costs.

Appears in 2 contracts

Samples: Eargo, Inc., Eargo, Inc.

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Eminent Domain in General. If the whole of the Property, Building, Premises and Additional Property for Parking, Building shall be taken or appropriated under the power of eminent domain or condemnation (hereinafter, a "Taking”) so as to render the balance unusable by Tenant"), either Landlord or Tenant may terminate this Lease and shall automatically terminate as of the termination date shall be the effective date of the Order of Taking, or as of the date possession is taken by the Taking authority, whichever is earlier. If the whole or (i) any part of the Property, Building, Premises Building or Additional Property for Parking, (ii) more than twenty percent (20%) of parking area serving the Building is the subject of a Taking and such Taking materially affects the normal operation of Tenants use of the PropertyTaking, Building, Premises and Additional Property for Parking, either Landlord or then Tenant may elect to terminate this LeaseLease upon sixty (60) days written notice to Landlord. A sale Such notice must be delivered to Landlord within thirty (30) days following the effective date of the Order of Taking, or as of the date possession is taken by Landlord under threat of a the Taking shall constitute a Taking for the purpose of this Paragraph 9.2authority, whichever is earlier. No award for any partial or entire Taking shall be apportionedapportioned except as provided in subparagraph (b) below. Landlord shall receive (subject to the rights of Landlord’s mortgagees) and Tenant hereby assigns to Landlord any award which may be made and any other proceeds in connection with such Taking, together with all rights of Tenant to such award or proceeds, including, without limitation, any award or compensation for the value of all or any part of the leasehold estate; estate except for the amount due by Landlord to Tenant as provided that in subparagraph (b) below. Notwithstanding the foregoing to the contrary, nothing contained in this Paragraph 9.2(aSection 8.2(a) shall be deemed to give Landlord any interest in or to require Tenant to assign to Landlord any separate award made to Tenant for (ia) the taking of Tenant’s Property's personal property, or (iib) interruption of or damage to Tenant’s 's business, or (iiic) Tenant’s 's moving and relocation costscosts or (d) the unamortized portion of the Tenant Improvement Costs, except to the extent paid by Landlord as provided in subparagraph (b) below.

Appears in 1 contract

Samples: Empi Inc

Eminent Domain in General. If the whole of the PropertyPremises, Building, or so much of the Premises and Additional Property for Parkingas to render the balance unusable by Tenant, shall be taken or appropriated under the power of eminent domain or condemnation (a “Taking”) so as to render the balance unusable by Tenant), either Landlord or Tenant may terminate this Lease and the termination date shall be the date of the Order of Taking, or the date possession is taken by the Taking authority, whichever is earlier. If the whole or any part of the Property, Building, Premises or Additional Property for Parking, is the subject of a Taking and such Taking materially affects the normal operation of Tenants use of the PropertyBuilding or Common Areas, Building, Premises and Additional Property for Parking, either Landlord or Tenant may elect to terminate this Lease. A sale by Landlord under threat of a Taking shall constitute a Taking for the purpose of this Paragraph 9.2. No award for any partial or entire Taking shall be apportioned. Landlord shall receive (subject to the rights of Landlord’s mortgagees) and Tenant hereby assigns to Landlord any award which may be made and any other proceeds in connection with such Taking, together with all rights of Tenant to such award or proceeds, including, without limitation, any award or compensation for the value of all or any part of the leasehold estate; provided that nothing contained in this Paragraph 9.2(a) shall be deemed to give Landlord any interest in or to require Tenant to assign to Landlord any separate award made to Tenant for (i) the taking of Tenant’s Property, or (ii) interruption of or damage to Tenant’s business, or (iii) Tenant’s moving and relocation costs.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sun Life Financial Inc)

Eminent Domain in General. If the whole of the Property, Building, Premises and Additional Property for Parking, Building shall be taken or appropriated under the power of eminent domain or condemnation (hereinafter, a “Taking”) so as to render the balance unusable by Tenant), either Landlord or Tenant may terminate this Lease and shall automatically terminate as of the termination date shall be the effective date of the Order of Taking, or as of the date possession is taken by the Taking authority, whichever is earlier. If the whole or (i) any part of the Property, Building, Premises Building or Additional Property for Parking, (ii) more than twenty percent (20%) of parking area serving the Building is the subject of a Taking and such Taking materially affects the normal operation of Tenants use of the PropertyTaking, Building, Premises and Additional Property for Parking, either Landlord or then Tenant may elect to terminate this LeaseLease upon sixty (60) days written notice to Landlord. A sale Such notice must be delivered to Landlord within thirty (30) days following the effective date of the Order of Taking, or as of the date possession is taken by Landlord under threat of a the Taking shall constitute a Taking for the purpose of this Paragraph 9.2authority, whichever is earlier. No award for any partial or entire Taking shall be apportionedapportioned except as provided in subparagraph (b) below. Landlord shall receive (subject to the rights of Landlord’s mortgagees) and Tenant hereby assigns to Landlord any award which may be made and any other proceeds in connection with such Taking, together with all rights of Tenant to such award or proceeds, including, without limitation, any award or compensation for the value of all or any part of the leasehold estate; estate except for the amount due by Landlord to Tenant as provided that in subparagraph (b) below. Notwithstanding the foregoing to the contrary, nothing contained in this Paragraph 9.2(aSection 8.2(a) shall be deemed to give Landlord any interest in or to require Tenant to assign to Landlord any separate award made to Tenant for (ia) the taking of Tenant’s Propertypersonal property, or (iib) interruption of or damage to Tenant’s business, or (iiic) Tenant’s moving and relocation costscosts or (d) the unamortized portion of the Tenant Improvement Costs, except to the extent paid by Landlord as provided in subparagraph (b) below.

Appears in 1 contract

Samples: DJO Finance LLC

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Eminent Domain in General. If the whole of the PropertyPremises, Building, or so much of the Premises and Additional Property for Parkingor access to the same as to render the balance unusable by Xxxxxx, shall be taken or appropriated under the power of eminent domain or condemnation (a “Taking”) so as to render the balance unusable by Tenant), either Landlord or Tenant may terminate this Lease and the termination date shall be the date of the Order of Taking, or the date possession is taken by the Taking authority, whichever is earlier. If the whole or any part of the Property, Building, Premises or Additional Property for Parking, is the subject of a Taking and such Taking materially affects the normal operation of Tenants use of the PropertyBuilding or Common Areas, Building, Premises and Additional Property for Parking, either Landlord or Tenant may elect to terminate this Lease. A sale by Landlord under threat of a Taking shall constitute a Taking for the purpose of this Paragraph 9.2. No award for any partial or entire Taking shall be apportioned. Landlord shall receive (subject to the rights of Landlord’s mortgagees) and Tenant hereby assigns to Landlord any award which may be made and any other proceeds in connection with such Taking, together with all rights of Tenant to such award or proceeds, including, without limitation, any award or compensation for the value of all or any part of the leasehold estate; provided that nothing contained in this Paragraph 9.2(a) shall be deemed to give Landlord any interest in or to require Tenant to assign to Landlord any separate award made to Tenant for (i) the taking of Tenant’s Property, or (ii) interruption of or damage to Tenant’s business, or (iii) Tenant’s moving and relocation costs.

Appears in 1 contract

Samples: Office Lease (MEI Pharma, Inc.)

Eminent Domain in General. If the whole of the PropertyPremises, Building, or so much of the Premises and Additional Property for Parkingas to render the balance unusable by Tenant, shall be taken or appropriated under the power of eminent domain or condemnation (a "Taking”) so as to render the balance unusable by Tenant"), either Landlord or Tenant may terminate this Lease and the termination date shall be the date of the Order of Taking, or the date possession is taken by the Taking authority, whichever is earlier. If the whole or any part of the Property, Building, Premises or Additional Property for Parking, is the subject of a Taking and such Taking materially affects the normal operation of Tenants the Building or Common Areas or a Taking affects the Tenant’s ability to use of the PropertyPremises, Building, Premises and Additional Property for Parking, either Landlord or Tenant a party may elect to terminate this Lease. A sale by Landlord under threat of a Taking shall constitute a Taking for the purpose of this Paragraph 9.2. No award for any partial or entire Taking shall be apportioned. Landlord shall receive (subject to the rights of Landlord’s 's mortgagees) and Tenant hereby assigns to Landlord any award which may be made and any other proceeds in connection with such Taking, together with all rights of Tenant to such award or proceeds, including, without limitation, any award or compensation for the value of all or any part of the leasehold estate; provided that nothing contained in this Paragraph 9.2(a) shall be deemed to give Landlord any interest in or to require Tenant to assign to Landlord any separate award made to Tenant for (i) the taking of Tenant’s 's Property, or (ii) interruption of or damage to Tenant’s 's business, or (iii) Tenant’s 's moving and relocation costs.

Appears in 1 contract

Samples: Office Lease (Double-Take Software, Inc.)

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