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

Partial Taking; Right to Terminate. If more than twenty-five percent (25%) of the Floor Area of the Premises is taken, or if by reason of any Taking, regardless of the amount so taken, the remainder of the Premises is rendered unusable for the Permitted Use, Landlord and Tenant shall each have the right to terminate this Lease as of the date Tenant is required to vacate the portion of the Premises which is the subject of such Taking, upon giving notice of such election within thirty (30) days after the Taking. In addition, if there is a Taking of fifteen percent (15%) or more of the Floor Area of the Center and/or fifteen percent (15%) or more of the parking areas of the Center, Landlord shall have the right to terminate this Lease upon ninety (90) days’ written notice to Tenant. In the event of any termination of this Lease pursuant to this Article 24, Landlord and Tenant shall be released from any liabilities and obligations under this Lease (except as otherwise provided for in this Lease) arising after the date of termination. Landlord and Tenant shall, after learning of any Taking, promptly give notice thereof to each other. No temporary Taking of the Premises or any part of the Center (meaning a Taking of less than nine [9] months) shall terminate this Lease.

Partial Taking; Right to Terminate. If more than twenty-five percent (25%) of the Floor Area of the Premises is taken, or if by reason of any Takingtaking, regardless of the amount so taken, the remainder of the Premises is not one undivided space or is rendered unusable for the Permitted Use, either Landlord and or Tenant shall each have the right to terminate this Lease as of the date Tenant is required to vacate the portion of the Premises which is the subject of such Takingtaken, upon giving notice of such election within thirty (30) days after the Takingreceipt by Tenant from Landlord of written notice that said Premises have been or will be so taken. In addition, if there (a) such a significant portion of the Shopping Center or Common Area is a Taking taken that, in Landlord's reasonable opinion, substantial restoration is required on the remaining portion, or (b) Landlord exercises its right to terminate its participation in the REA because of fifteen percent (15%the taking of portions of the Casino(s) or more of the Floor Area of Shopping Center other than the Center and/or fifteen percent (15%) or more of Premises, the parking areas of the Center, Landlord shall have the right to terminate this Lease upon ninety thirty (9030) days’ ' written notice to Tenant. In the event of any termination of this Lease pursuant to this Article 24such termination, both Landlord and Tenant shall be released from any liabilities and obligations liability or obligation under this Lease (Lease, except as otherwise provided for in this Lease) , arising after the date of termination. Landlord and Tenant shall, immediately after learning of any Takingtaking, promptly give notice thereof to each other. No temporary Taking of the Premises or any part of the Center (meaning a Taking of less than nine [9] months) shall terminate this Lease.

Partial Taking; Right to Terminate. If more than twenty-five percent (25%) of the Floor Area GLA of the Premises is taken, or if by reason of any Taking, regardless of the amount so taken, the remainder of the Premises is rendered unusable for the Permitted Use, Landlord and Tenant shall will each have the right to terminate this Lease as of the date Tenant is required to vacate the portion of the Premises which is the subject of such Taking, upon giving notice of such election within thirty (30) days after the Taking. In addition, if there is a Taking of fifteen percent (15%) or more of the Floor Area GLA of the Center Project and/or fifteen percent (15%) or more of the parking areas of the CenterProject, Landlord shall will have the right to terminate this Lease upon ninety (90) days’ written notice to Tenant. In the event of any termination of this Lease pursuant to this Article 24, Landlord and Tenant shall will be released from any liabilities and obligations under this Lease (except as otherwise provided for in this Lease) arising after the date of termination. Landlord and Tenant shallwill, after learning of any Taking, promptly give notice thereof to each other. No temporary Taking of the Premises or any part of the Center Project (meaning a Taking of less than nine [(9] ) months) shall will terminate this Lease.