Common use of Partial Taking; Election to Terminate Clause in Contracts

Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the Premises, then this Lease shall terminate in its entirety if all of the following exist: (i) the partial Taking, in City’s reasonable judgment, renders the remaining portion of the Premises untenantable or unsuitable for continued use by City for its intended purposes or otherwise materially adversely affects City’s normal operations in the Premises, (ii) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but Landlord is unwilling or unable to cure such condition, and (iii) City elects to terminate. (b) In the case of a partial taking of a substantial portion of the Building, and if subsection (a) above does not apply, City and Landlord shall each have the right to terminate this Lease by written notice to the other within thirty (30) days after the Date of Taking, provided that, as a condition to City’s right to terminate, the portion of the Building taken shall, in City’s reasonable judgment, render the Premises unsuitable for continued use by City for its intended purposes or otherwise materially adversely affect City’s normal operations in the Premises. (c) Either party electing to terminate under the provisions of this Section 13.4 shall do so by giving written notice to the other party before or within thirty (30) days after the Date of Taking, and thereafter this Lease shall terminate upon the later of the thirtieth (30th) day after such written notice is given or the Date of Taking.

Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the Premises, then this Lease shall terminate in its entirety if all of the following exist: (i) the partial Taking, in City’s reasonable judgment, renders the remaining portion of the Premises untenantable or unsuitable for continued use by City for its intended purposes or otherwise materially adversely affects City’s normal operations in the Premises, (ii) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but Landlord is unwilling or unable to cure such condition, and (iii) City elects to terminate. (b) In the case of a partial taking of a substantial portion of the Building, and if subsection (a) above does not apply, City and Landlord shall each have the right to terminate this Lease by written notice to the other within thirty (30) days after the Date of Taking, provided that, as a condition to City’s right to terminate, the portion of the Building taken shall, in City’s reasonable judgment, render the Premises unsuitable for continued use by City for its intended purposes or otherwise materially adversely affect City’s normal operations in the Premises.provided (c) Either party electing to terminate under the provisions of this Section 13.4 shall do so by giving written notice to the other party before or within thirty (30) days after the Date of Taking, and thereafter this Lease shall terminate upon the later of the thirtieth (30th) day after such written notice is given or the Date of Taking.

Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the Premises, then this Lease shall will terminate in its entirety if all of the following exist: (i) the partial Taking, in City’s reasonable judgment, renders the remaining portion of the Premises untenantable or unsuitable for continued use by City for its intended purposes or otherwise materially adversely affects City’s normal operations in the Premises or access to the Premises, (ii) the condition rendering the Premises untenantable or unsuitable or that materially adversely affects City’s normal operations or limits access to the Premises either is not curable or is curable but Landlord is unwilling or unable to cure such the condition, and (iii) City elects to terminate. (b) In the case of If a partial taking Taking of a substantial portion of the BuildingBuilding occurs, and if a but subsection (a) above does not apply, City and Landlord shall each have the right to terminate this Lease by written notice to the other then within thirty (30) days after the Date of TakingTaking either City or Landlord may terminate this Lease by written notice to the other, provided that, as a condition to City’s right to terminate, the portion of the Building taken shallmust, in City’s reasonable judgment, render the Premises unsuitable for continued use by City for its intended purposes or otherwise materially adversely affect City’s normal operations in the Premises or access to the Premises. (c) Either If either party electing elects to terminate under the provisions of this Section 13.4 shall do so by giving written notice to the other party before or within thirty (30) days after the Date of Taking, and thereafter this Lease shall under this Section, then this Lease will terminate upon on the later of the thirtieth (30th) day after such the written notice is given or the Date of Taking.

Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the Premises, then this Lease shall terminate in its entirety if all of the following exist: (i) the partial Taking, in CityTenant’s reasonable judgment, renders the remaining portion of the Premises untenantable or unsuitable for continued use by City Tenant for its intended purposes or otherwise materially adversely affects CityTenant’s normal operations in the Premises, (ii) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but Landlord is unwilling or unable to cure such condition, and (iii) City Tenant elects to terminate. (b) In the case of a partial taking of a substantial portion of the Building, and if subsection (a) above does not apply, City Tenant and Landlord shall each have the right to terminate this Lease by written notice to the other within thirty (30) days after the Date of Taking, provided that, as a condition to CityTenant’s right to terminate, the portion of the Building taken shall, in CityTenant’s reasonable judgment, render the Premises unsuitable for continued use by City Tenant for its intended purposes or otherwise materially adversely affect CityTenant’s normal operations in the Premises. (c) Either party electing to terminate under the provisions of this Section 13.4 shall do so by giving written notice to the other party before or within thirty (30) days after the Date of Taking, and thereafter this Lease shall terminate upon the later of the thirtieth (30th) day after such written notice is given or the Date of Taking.

Partial Taking; Election to Terminate. ‌ (a) If there is a Taking of any portion (but less than all) of the Premises, then this Lease shall terminate in its entirety if all of the following exist: (iA) the partial Taking, in CityCounty’s reasonable judgment, renders the remaining portion of the Premises untenantable or unsuitable for continued use by City County for its intended purposes or otherwise materially adversely affects Cityaffect County’s normal operations in the Premises, (iiB) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but Landlord is unwilling or unable to cure such condition, and (iiiC) City County elects to terminate. (b) In the case of a partial taking of a substantial portion of the Building, and if subsection (a) above does not apply, City County and Landlord shall each have the right to terminate this Lease by written notice to the other within thirty (30) days after the Date of Taking, provided that, as a condition to CityCounty’s right to terminate, the portion of the Building taken shall, in CityCounty’s reasonable judgment, render the Premises unsuitable for continued use by City County for its intended purposes or otherwise materially adversely affect CityCounty’s normal operations in the Premises. (c) Either party electing to terminate under the provisions of this Section 13.4 shall do so by giving written notice to the other party before or within thirty (30) days after the Date of Taking, and thereafter this Lease shall terminate upon the later of the thirtieth (30th) day after such written notice is given or the Date of Taking.

Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the Premises, then this Lease shall terminate in its entirety if all of the following exist: (iA) the partial Taking, in CityCounty’s reasonable judgment, renders the remaining portion of the Premises untenantable or unsuitable for continued use by City County for its intended purposes or otherwise materially adversely affects Cityaffect County’s normal operations in the Premises, (iiB) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but Landlord is unwilling or unable to cure such condition, and (iiiC) City County elects to terminate. (b) In the case of a partial taking of a substantial portion of the Building, and if subsection (a) above does not apply, City County and Landlord shall each have the right to terminate this Lease by written notice to the other within thirty (30) days after the Date of Taking, provided that, as a condition to CityCounty’s right to terminate, the portion of the Building taken shall, in CityCounty’s reasonable judgment, render the Premises unsuitable for continued use by City County for its intended purposes or otherwise materially adversely affect CityCounty’s normal operations in the Premises. (c) Either party electing to terminate under the provisions of this Section 13.4 shall do so by giving written notice to the other party before or within thirty (30) days after the Date of Taking, and thereafter this Lease shall terminate upon the later of the thirtieth (30th) day after such written notice is given or the Date of Taking.