FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Premises, or of a taking of all or a part of the Building or Premises under the power of eminent domain, Landlord shall not exercise any right which may have the effect of terminating the Prime Lease without first obtaining the prior written consent of Tenant. In the event Landlord is entitled, under the Prime Lease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Tenant shall be entitled to such rent abatement. If the Prime Lease imposes on Landlord the obligation to repair or restore leasehold improvements or alterations, Tenant shall be responsible for the repair or restoration of such leasehold improvements or alterations.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Building or the Premises, or of a taking of all or a part of the Building or Premises, under the power of eminent domain, Lessor shall not exercise any right which may have the effect of terminating the Prime Lease without first obtaining the prior written consent of Lessee. In the event Lessor is entitled, under the Prime Lease, to rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Lessee shall be similarly entitled to rent abatement. If the Prime Lease imposes on Lessor the obligation to repair or restore leasehold improvements or alterations, Lessee shall be responsible for repair or restoration of leasehold improvements or alterations to the Premises and Lessee shall apply any insurance proceeds resulting from the loss to repair and restore such leasehold improvements and alterations. Lessor and Lessee acknowledge and agree that Lessor shall not be obligated to perform any repair or restoration to the Premises, following the occurrence of a casualty event or the exercise of the power of eminent domain. For such matters, Lessee shall look solely to the Prime Lessor and Lessor hereby assigns to Lessee all of its rights against the Prime Lessor under the Prime Lease with respect to the repair or restoration of the Premises, as a result of a casualty or the exercise of power of eminent domain, and agrees that, if such assignment is not effective, Lessor, at Lessee's sole cost and expense, will use reasonable efforts to cause Prime Lessor to repair or restore the Premises.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Building or the Premises, or of a taking of all or a part of the Building or Premises under the power of eminent domain, Landlord shall not exercise any right which may have the effect of terminating the Prime Lease without first obtaining the prior written consent of Tenant. In the event Landlord is entitled, under the Prime Lease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Tenant shall be entitled to an equitable share of the rent abatement, based on the relative impact of the fire or other casualty, or the taking, as the case may be. If the Prime Lease imposes on Landlord the obligation to repair or restore leasehold improvements or alterations, Tenant shall be responsible for repair or restoration of leasehold improvements or alterations; Tenant shall make any insurance proceeds resulting from the loss which Landlord is obligated to repair or restore available to Landlord and/or Prime Landlord and shall permit Landlord and/or Prime Landlord to enter the Premises to perform the same, subject to such conditions as Tenant may reasonably impose.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other ---------------------------------- casualty affecting the Building or the Premises, or of a taking of all or a part of the Building or Premises under the power of eminent domain, Sublandlord shall have the right to exercise any right that may have the effect of terminating the Prime Lease, provided when Sublandlord sends its notice to Prime Landlord exercising such right, Sublandlord simultaneously sends a copy thereof to Subtenant and, provided further, Sublandlord shall exercise such right if requested in writing to do so by Subtenant promptly after the casualty. If Sublandlord is entitled, under the Prime Lease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Subtenant shall be entitled to such rent abatement. If the Prime Lease imposes on Sublandlord the obligation to repair or restore leasehold improvements or alterations, Subtenant shall be responsible for repair or restoration of such leasehold improvements or alterations to the extent required of Sublandlord in the Prime Lease.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Building or the Premises, or of a taking of all or a part of the Building or Premises under the power of eminent domain, Tenant shall promptly notify Landlord thereof in writing. If Landlord receives a rent abatement under the Prime Lease as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Tenant shall be entitled to the Sublease Share of such rent abatement unless the effect on the Premises of such fire or other casualty or such taking shall be substantially disproportionate to the amount of the abatement, in which event the parties shall equitably adjust the abatement as between themselves, based on the relative impact of the fire or other casualty, or the taking, as the case may be. To the extent the Prime Lease gives Landlord the right to terminate the Prime Lease in the event of damage or destruction to the Building or the Premises or a taking of all or part thereof by eminent domain, Landlord may, in its sole discretion, exercise any such right and shall notify Tenant of such exercise, in which case this Sublease shall terminate one day prior to the date of termination of the Prime Lease. If the Prime Lease imposes on Landlord the obligation to repair or restore leasehold improvements or alterations in the Premises, Tenant shall be responsible for repair or restoration of such leasehold improvements or alterations.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Premises, or of a taking of all or a part of the Premises under the power of eminent domain, Lessee shall not exercise any right which may have the effect of terminating the Lease without first obtaining the prior written consent of Sublessee. In the event Lessee is entitled, under the Lease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Sublessee shall be entitled to such rent abatement.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event Landlord is entitled, under the Prime Lease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then Landlord shall equitably adjust the abatement as between Landlord and Tenant, based on the relative impact of the fire or other casualty, or the taking, as the case may be.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Building or the Premises which gives rise to a right of Landlord to terminate the Prime Lease, or of a taking of all or a part of the Building or Premises under the power of eminent domain, Landlord or Tenant may terminate this Sublease by written notice to the other. In the event that neither party terminates this Sublease, the parties shall equitably adjust the abatement provided under the Prime Lease as between themselves, based on the relative impact of the fire or other casualty, or the taking, as the case may be, but only to the extent such casualty or taking affects the Premises, the Common Areas, the Building, or Tenant's use or occupancy of the Premises, the Common Areas and/or the Building.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event of a fire or other casualty affecting the Sublease Premises, or of a taking of all or a part of the Sublease Premises under the power of eminent domain, Sublandlord may, after providing prior written notice to Subtenant, exercise any right which may have the effect of terminating the Master Sublease. If the Master Sublease imposes on Sublandlord or Master Sublandlord, or the Master Lease imposes on Master Landlord, the obligation to repair or restore leasehold improvements or alterations, Subtenant shall make any insurance proceeds resulting from the loss which Sublandlord, Master Sublandlord or Master Landlord is obligated to repair or restore available to such party and shall permit such party to enter the Sublease Premises to perform the same. Subtenant shall have the right to terminate the Sublease as a result of a casualty or condemnation only to the extent Sublandlord has the right to terminate the Master Sublease as a result of such event.
FIRE OR CASUALTY OR EMINENT DOMAIN. In the event JCP is entitled, under the Sublease, to a rent abatement as a result of a fire or other casualty or as a result of a taking under the power of eminent domain, then VITAL shall be entitled to the Sub-Sublease Share of such rent abatement unless the effect on the Premises of such fire or other casualty or such taking shall be substantially disproportionate to the amount of the abatement, in which event the parties shall equitably adjust the abatement as between themselves, based on the relative impact of the fire or other casualty, or the taking, as the case may be. If the Sublease imposes on JCP the obligation to repair or restore leasehold improvements or alterations, VITAL shall be responsible for repair or restoration of leasehold improvements or alterations in the Premises. VITAL shall make any insurance proceeds resulting from the loss which JCP is obligated to repair or restore available to JCP and shall permit JCP to enter the Premises to perform the same, subject to such conditions as VITAL may reasonably impose.
