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

Partial Taking; Election to Terminate. If only a part of the Building shall be so condemned or taken, then Lessor (whether or not the Premises be affected) may, at Lessor's option, if a material portion of the Building is so taken (such option to be elected, if at all, in a commercially reasonable manner): a) terminate this Lease, and the term and estate hereby granted shall cease and terminate as of the date of such vesting of title, upon Notice to Lessee given within sixty days following the date upon which Lessor shall have received notice of vesting of title; or b) if such condemnation or taking shall be of a substantial part of the Premises, or of a substantial part of the means of access thereto, so that, as a result of such taking, reasonable access to the Building is no longer available Lessee may, at Lessee's election, by Notice to Lessor delivered within thirty days following the date on which Lessee shall have received notice of vesting of title, terminate this Lease, and the term and estate hereby granted shall cease and terminate as of the date of such vesting of title; or c) if neither Lessor nor Lessee shall elect to terminate this Lease in the manner set forth in this Paragraph 14.2, this Lease shall be and remain unaffected by such condemnation or taking, except that the rent shall be abated to the extent provided in this Article 14. d) If only a part of the Premises shall be so condemned or taken, and this Lease with respect to the part not taken is not terminated as provided in this Article 14, Lessor shall, with reasonable dispatch, and out of the condemnation award, restore the remaining portion of the Premises as nearly as practicable to the same condition as existed prior to the condemnation or taking. e) The entire condemnation award derived from any such condemnation or taking shall belong to the Lessor, and no portion of such award shall belong to Lessee, regardless of the manner in which such award shall have been computed or allocated; unless the condemning authority shall have made an award separate from the Lessor's award, and payable t6 the Lessee in compensation for the taking of Lessee's interest in the leasehold.

Partial Taking; Election to Terminate. (a) If only a part Taking of any portion (but less than all) of the Building shall be so condemned Premises or takenGolf Course occurs, then Lessor this Lease shall terminate in its entirety under either of the following circumstances: (whether or not i) if all of the Premises be affectedfollowing exist: (A) may, at Lessor's option, if a material the partial Taking renders the remaining portion of the Building Premises untenantable or unsuitable for continued use by Lessee, City hereby acknowledging that the Premises is so taken used in conjunction with a 9 hole golf course and any taking of one or more holes of the Golf Course may effectively render the entire Premises unsuitable for continued use by Lessee where sufficient area (as reasonably and in good faith determined by Lessee) cannot be made available on the remainder of the Golf Course for construction of a replacement hole or holes, (B) the condition rendering the Premises untenantable or unsuitable either is not curable or is curable but City is unwilling or unable to cure such option to be elected, if at all, in a commercially reasonable manner): a) terminate this Leasecondition, and the term (C) Lessee elects to terminate; or (ii) if City elects to terminate, except that this Lease shall not terminate if Lessee agrees to, and estate hereby granted shall cease does, pay full Rent and terminate as Additional Charges, without abatement, and otherwise agrees to, and does, fully perform all of the date of such vesting of title, upon Notice to Lessee given within sixty days following the date upon which Lessor its obligations hereunder. (b) City shall have received notice of vesting of title; or b) if such condemnation or taking shall be of a substantial part of the Premises, or of a substantial part of the means of access thereto, so that, as a result of such taking, reasonable access to the Building is no longer available Lessee may, at Lessee's election, by Notice to Lessor delivered within thirty days following the date on which Lessee shall have received notice of vesting of title, terminate this Lease, and the term and estate hereby granted shall cease and terminate as of the date of such vesting of title; or c) if neither Lessor nor Lessee shall elect right to terminate this Lease in the manner set forth in 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 electing to terminate under the provisions of this Paragraph 14.2Article 15 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 be and remain unaffected by such condemnation or taking, except that terminate upon the rent shall be abated to the extent provided in this Article 14. d) If only a part later of the Premises shall be so condemned thirtieth day after such written notice is given or taken, and this Lease with respect to the part not taken is not terminated as provided in this Article 14, Lessor shall, with reasonable dispatch, and out Date of the condemnation award, restore the remaining portion of the Premises as nearly as practicable to the same condition as existed prior to the condemnation or takingTaking. e) The entire condemnation award derived from any such condemnation or taking shall belong to the Lessor, and no portion of such award shall belong to Lessee, regardless of the manner in which such award shall have been computed or allocated; unless the condemning authority shall have made an award separate from the Lessor's award, and payable t6 the Lessee in compensation for the taking of Lessee's interest in the leasehold.