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 under either of the following circumstances: (i) if all of the following exist: (A) the partial Taking renders the remaining portion of the Premises untenantable or unsuitable for continued use by Tenant, (B) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but County is unwilling or unable to cure such condition, and (C) Tenant elects to terminate; or (ii) if County elects to terminate; provided, however, that this Lease shall not terminate if Tenant agrees to, and does, pay full Rent and Additional Charges, without abatement, and otherwise agrees to, and does, fully perform all of its obligations hereunder. (b) Either party electing to terminate under the provisions of this Section 15 shall do so by giving the other party 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.
Appears in 2 contracts
Sources: Ground Lease, Ground Lease
Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the PremisesPremises occurs, then this Lease shall terminate in its entirety under either of the following circumstances:
: (i) if all of the following exist: (A) the partial Taking renders the remaining portion of the Premises untenantable or unsuitable for continued use by Tenant, (B) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but County City is unwilling or unable to cure such condition, and (C) Tenant elects to terminate; or (ii) if County City elects to terminate; provided, however, except that this Lease shall not terminate if Tenant ▇▇▇▇▇▇ agrees to, and does, pay full Rent and Additional Charges, without abatement, and otherwise agrees to, and does, fully perform all of its obligations hereunderunder this Lease.
(b) City shall have the right to terminate this Lease in the event of a partial Taking of a substantial portion of any of City's adjoining real property, even if the Taking does not directly affect the Premises.
(c) Either party Party electing to terminate under the provisions of this Section Article 15 shall do so by giving the other party written notice to the other party 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.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the PremisesPremises occurs, then this Lease shall terminate in its entirety under either of the following circumstances:
: (i) if all of the following exist: (A) the partial Taking renders the remaining portion of the Premises untenantable or unsuitable for continued use by TenantLessee, (B) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but County City is unwilling or unable to cure such condition, and (C) Tenant Lessee elects to terminate; or (ii) if County City elects to terminate; provided, however, except that this Lease shall not terminate if Tenant Lessee agrees to, and does, pay full Rent and Additional Charges, without abatement, and otherwise agrees to, and does, fully perform all of its obligations hereunder.
(b) City shall have the right to terminate this Lease in the event of a partial Taking of a substantial portion of any of City's adjoining real property, even if the Taking does not directly affect the Premises.
(c) Either party Party electing to terminate under the provisions of this Section Article 15 shall do so by giving the other party written notice to the other party 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.
Appears in 1 contract
Sources: Lease Agreement
Partial Taking; Election to Terminate. (a) If there is a Taking of any portion (but less than all) of the PremisesPremises occurs, then this Lease shall terminate in its entirety under either of the following circumstances:
: (i) if all of the following exist: (A) the partial Taking renders the remaining portion of the Premises untenantable or unsuitable for continued use by TenantLessee, (B) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but County City is unwilling or unable to cure such condition, and (C) Tenant Lessee elects to terminate; or (ii) if County City elects to terminate; provided, however, except that this Lease shall not terminate if Tenant Lessee agrees to, and does, pay full Rent and Additional Charges, without abatement, and otherwise agrees to, and does, fully perform all of its obligations hereunder.
(b) . City shall have the right to terminate this Lease in the event of a partial Taking of a substantial portion of any of City's adjoining real property, even if the Taking does not directly affect the Premises. Either party Party electing to terminate under the provisions of this Section Article 15 shall do so by giving the other party written notice to the other party 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.
Appears in 1 contract
Sources: Lease Agreement