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 or Common Areas, then this Lease will terminate in its entirety under either of the following circumstances: (i) if all of the following exist: (1) the partial Taking renders the remaining portion of the Premises or Common Areas untenantable or unsuitable for Tenant’s continued Permitted Use, (2) the condition rendering the Premises or Common Areas untenantable or unsuitable either is not curable or is curable and the City is required under this Lease to cure the condition but City is unwilling or unable to cure the condition, and (3) Tenant elects to terminate; or (ii) if City elects to terminate; provided, however, that this Lease will not terminate if Tenant agrees to, and does, pay full Rent, without abatement, and otherwise agrees to, and does, fully perform all of its obligations under this Lease. (b) If there is a partial Taking of a substantial portion of the Premises or Common Areas, either Party may terminate this Lease in its entirety. (c) Either Party electing to terminate under the provisions of this Section 15.3 will do so by giving written notice to the other Party before or within thirty (30) days after the Date of Taking, and this Lease will terminate on the later of the thirtieth (30th) day after the written notice is given or the Date of Taking.