Common use of Partial Taking Clause in Contracts

Partial Taking. If there is a Taking of a portion of the Leased Property by Condemnation, this Lease shall remain in effect if the Facility is not thereby rendered Unsuitable for its Primary Intended Use. If, however, the Facility is thereby rendered Unsuitable for its Primary Intended Use, Lessee shall have the option (a) to restore the Facility, at its own expense, to the extent possible, to substantially the same condition as existed immediately before the partial Taking, or (b) to offer (i) to acquire the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property immediately prior to such partial Taking, in which event this Lease shall terminate upon payment of the purchase price, or (ii) to substitute a new property pursuant to and in accordance with the provisions of Article XXI. Lessee shall exercise its option by giving Lessor notice thereof within sixty (60) days after Lessee receives notice of the Taking. In the event Lessor does not accept Lessee's offer to so purchase or substitute for the Leased Property within thirty (30) days after receipt of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking or (b) terminate this Lease by written notice to Lessor.

Partial Taking. If there is a Taking of a portion of the Leased Property by Condemnation, this Lease shall remain in effect if Condemnation such that the Facility is not thereby rendered Unsuitable for its Its Primary Intended Use, this Lease shall not terminate and all of Lessee's obligations hereunder, including Lessee's obligations with respect to the payment of the Rent, shall continue in full force and effect and shall not be affected thereby. If, If however, the Facility is thereby rendered Unsuitable for its Its Primary Intended Use, Lessee shall have the option either: (ai) to at Lessee's expense, restore the Facility, at its own expense, Facility to the extent possible, to substantially the same condition as existed immediately before prior to the partial Taking, in which case the proceeds of any Award shall be applied to such restoration to the extent necessary or appropriate, or (bii) to offer either (iA) to acquire the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Minimum Repurchase Price of the Leased Property immediately prior to such partial Taking, in which event this Lease shall terminate upon payment of the purchase price, or (iiB) to substitute a new property or properties for the Leased Property pursuant to and in accordance with the provisions of Article XXIXX (which offers Lessor may in its sole discretion refuse), or (iii) terminate this Lease effective upon the effective date of such Taking. Lessee shall exercise its option by giving will give written notice to Lessor notice thereof within sixty (60) 60 days after Lessee receives notice of the TakingTaking whether Lessee chooses option (i), option (ii) or option (iii), and if option (ii) is chosen, such notice shall be accompanied by the offer referred to therein. In the event Lessor does not accept Lessee's offer to so purchase or substitute for the Leased Property within thirty (30) 30 days after receipt of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately prior to before the partial Taking Taking, or (b) terminate the offer and this Lease by written notice to Lessor.

Partial Taking. If Except as provided in Section 2.7, if there is a -------------- Taking of a portion of the Leased Property by Condemnation, this Lease shall remain in effect if Condemnation such that the Facility is not thereby rendered Unsuitable for its Its Primary Intended Use, this Lease shall not terminate and all of Lessee's obligations hereunder, including Lessee's obligations with respect to the payment of the Rent, shall continue in full force and effect and shall not be affected thereby. If, however, the Facility is thereby rendered Unsuitable for its Its Primary Intended Use, Lessee shall have the option either: (ai) to at Lessee's expense, restore the Facility, at its own expense, to the extent possible, to substantially the same condition as existed immediately before prior to the partial Taking, in which case the proceeds of any Award shall be applied to such restoration to the extent necessary or appropriate, or (bii) to offer either (iA) to acquire the Leased Property from Lessor for a purchase price equal to the Fair Market Value Minimum Purchase Price of the Leased Property immediately prior to such partial Taking, in which event this Lease shall terminate upon payment of the purchase price, or (iiB) to substitute a new property or properties for the Leased Property pursuant to and in accordance with the provisions of Article XXI20 (which offer to substitute Lessor may in its reasonable discretion refuse), or (iii) terminate this Lease effective upon the effective date of such Taking. Lessee shall exercise its option by giving will give written notice to Lessor notice thereof within sixty (60) 60 days after Lessee receives notice of the TakingTaking which option Lessee chooses, and if option (ii) is chosen, such notice shall be accompanied by the offer referred to therein. In the event Lessor does not accept Lessee's offer to so purchase or substitute for the Leased Property within thirty (30) 30 days after receipt of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking Taking, or (b) terminate the offer and this Lease by written notice to Lessor.

Partial Taking. If there is a Taking of a portion of the Leased Property by Condemnation, this Lease shall remain in effect if the Facility is not thereby rendered Unsuitable for its Primary Intended Use. If, however, the Facility is thereby rendered Unsuitable for its Primary Intended Use, Lessee shall have the option (a) to restore the Facility, at its own expense, to the extent possible, to substantially the same condition as existed immediately before the partial Taking, or (b) to offer (i) so long as Lessee is not in monetary or payment default of any kind, and no event has occurred which with the giving of notice or the passage of time or both would constitute such a default, under the terms of this Lease, the Other Leases and the Tenant Leases to acquire the Leased Property (including Lessor's interests and rights in the Air Space Agreement and the Parking Space Lease) from Lessor for a purchase price equal to the Fair Market Value Purchase Option Price of the Leased Property immediately prior to such partial Takingas defined in Section 35.1, in which event this Lease shall terminate upon payment of the purchase price, or (ii) to substitute a new property pursuant to and in accordance with the provisions of Article XXIOption Price. Lessee shall exercise its option by giving Lessor notice thereof within sixty (60) days after Lessee receives notice of the Taking. In the event Lessor does not accept Lessee's offer Lessee exercises the option to so purchase or substitute for the Leased Property pursuant to this Section 15.4, the terms set forth in Article XVIII shall apply and the sale/purchase must be closed within thirty (30) days after receipt the date of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking or (b) terminate this Lease by written notice from Lessee to LessorLessor of Lessee's intent to purchase, unless a different closing date is agreed upon in writing by Lessor and Lessee.

Partial Taking. If there is a Taking of a portion of the Leased Property by Condemnation, this Lease shall remain in effect if the Facility is not thereby rendered Unsuitable for its Primary Intended Use. If, however, the Facility is thereby rendered Unsuitable for its Primary Intended Use, Lessee shall have the option (a) to restore the Facility, at its own expense, to the extent possible, to substantially the same condition as existed immediately before the partial Taking, or (b) to offer (i) so long as no Default or Event of Default then exists and so long as no such Default or Event of Default exists at the time of the closing of such purchase, to acquire the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property immediately prior to such partial Taking, in which event this Lease shall terminate upon payment of the purchase price, or (ii) to substitute a new property pursuant to and in accordance with the provisions of Article XXI. Lessee shall exercise its option by giving Lessor notice thereof within sixty (60) days after Lessee receives notice of the Taking. In the event Lessor does not accept Lessee's offer Lessee exercises the option to so purchase or substitute for the Leased Property pursuant to this Section 15.4, the terms set forth in Article XVIII shall apply and the sale/purchase must be closed within thirty (30) days after receipt the date of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking or (b) terminate this Lease by written notice from Lessee to LessorLessor of Lessee's intent to purchase, unless a different closing date is agreed upon in writing by Lessor and Lessee.

Partial Taking. If there is a Taking of a part, but not all, of the portion of the Leased Property relating to any Facility by Condemnation, this Lease shall remain in effect with respect to such portion of the Leased Property if such portion of the Facility Leased Property is not thereby rendered Unsuitable for its Primary Intended Use. If, however, such portion of the Facility Leased Property is thereby rendered Unsuitable for its Primary Intended Use, Lessee shall have the option either (a) to restore such portion of the FacilityLeased Property, at its own expense, expense and to the extent possible, to substantially the same condition as existed immediately before the partial Taking, or (b) so long as no Event of Default then exists and no event then exists which with the giving of notice or the passage of time or both would constitute an Event of Default, and subject to offer (i) to Section 36.2, acquire such portion of the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property immediately prior to such partial TakingOption Price, in which event this Lease shall terminate with respect to such portion of the Leased Property upon payment of the purchase priceOption Price, or (ii) to substitute a new property pursuant to and the Base Rent shall be reduced in accordance with the provisions of Article XXISection 5.2. Lessee shall exercise its option by giving Lessor notice thereof within sixty (60) days after Lessee receives notice of the TakingTaking with respect to such portion of the Leased Property. In the event Lessor does not accept Lessee's offer Lessee exercises the option to so purchase or substitute for such portion of the Leased Property pursuant to this Section 15.3, the terms set forth in Article XVIII shall apply and the sale/purchase must be closed within thirty sixty (3060) days after receipt the date of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking or (b) terminate this Lease by written notice from Lessee to LessorLessor of Lessee's intent to purchase, unless a different closing date is agreed upon in writing by Lessor and Lessee.

Partial Taking. If there is a Taking of a portion of the Leased Property by Condemnation, this Lease shall remain in effect if Condemnation such that the Facility is not thereby rendered Unsuitable for its Its Primary Intended Use, this Lease shall remain in effect. If, however, the Facility is thereby rendered Unsuitable for its Its Primary Intended Use, Lessee shall have the option right subject to the terms of the Ground Lease (a) to take such proceeds of any Award as shall be necessary and restore the Facility, at its own expense, to the extent possible, to substantially the same condition as existed immediately before the partial Taking, or (b) to offer (i) to acquire the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Minimum Repurchase Price of the Leased Property immediately prior to such partial Taking, in which event this Lease shall terminate upon payment of the purchase price, or (ii) to substitute a new property pursuant to and in accordance with the provisions of Article XXIXX or (c) terminate this Lease. Lessee shall exercise its option by giving Lessor notice thereof within sixty (60) 60 days after Lessee L▇▇▇▇▇ receives notice of the Taking. In the event Lessor does not accept Lessee's L▇▇▇▇▇’s offer to so purchase or substitute for the Leased Property within thirty (30) 30 days after receipt of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking Taking, or (b) terminate the offer and this Lease by written notice to Lessor.

Partial Taking. If there is a Taking of a portion of the Leased Property by Condemnation, this Lease shall remain in effect if Condemnation such that the Facility is not thereby rendered Unsuitable for its Its Primary Intended Use, this Lease shall remain in effect. If, however, the Facility is thereby rendered Unsuitable for its Its Primary Intended Use, Lessee shall have the option right (a) to take such proceeds of any Award as shall be necessary and restore the Facility, at its own expense, to the extent possible, to substantially the same condition as existed immediately before the partial Taking, or (b) to offer (i) to take the proceeds from the Award and to acquire the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property immediately prior to such partial Taking, in which event this Lease shall terminate upon payment of the purchase price, or (iic) to substitute a new property pursuant to and in accordance with the provisions of Article XXIterminate this Lease. Lessee shall exercise its option by giving Lessor notice thereof within sixty (60) 60 days after Lessee receives notice of the Taking. In the event Lessor does not accept Lessee's offer to so purchase or substitute for the Leased Property within thirty (30) 30 days after receipt of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking Taking, or (b) terminate the offer and this Lease by written notice to Lessor.

Partial Taking. If there is a Taking of a part, but not all, of the portion of the Leased Property relating to any Facility by Condemnation, this Lease shall remain in effect with respect to such portion of the Leased Property if such portion of the Facility Leased Property is not thereby rendered Unsuitable for its Primary Intended Use. If, however, such portion of the Facility Leased Property is thereby rendered Unsuitable for its Primary Intended Use, Lessee shall have the option either (a) to restore such portion of the FacilityLeased Property, at its own expense, expense and to the extent possible, to substantially the same condition as existed immediately before the partial Taking, or (b) so long as no Event of Default then exists and no event then exists which with the giving of notice or the passage of time or both would constitute an Event of Default, and subject to offer (i) to Section 36.2, acquire such portion of the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property immediately prior to such partial TakingOption Price, in which event this Lease shall terminate with respect to such portion of the Leased Property upon payment of the purchase priceOption Price, or (ii) to substitute a new property pursuant to and the Base Rent shall be reduced in accordance with the provisions of Article XXISection 5.2. Lessee shall exercise its option by giving Lessor notice thereof within sixty (60) days after Lessee receives notice of the TakingTaking with respect to such portion of the Leased Property. In the event Lessor does not accept Lessee's offer Lessee exercises the option to so purchase or substitute for such portion of the Leased Property pursuant to this Section 15.3, the terms set forth in Article XVIII shall apply and the sale/purchase must be closed within thirty sixty (3060) days after receipt the date of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking or (b) terminate this Lease by written notice from Lessee to LessorLessor of Lessee’s intent to purchase, unless a different closing date is agreed upon in writing by Lessor and Lessee.

Partial Taking. If there is a Taking of a portion of the Leased Property by Condemnation, this Lease shall remain in effect if Condemnation such that the Facility is not thereby rendered Unsuitable for its Its Primary Intended Use, this Lease shall remain in effect. If, however, the Facility is thereby rendered Unsuitable for its Its Primary Intended Use, Lessee shall have the option right within 60 days of the Date of Taking (a) to take such proceeds of any Award as shall be necessary and restore the Facility, at its own expense, to the extent possible, to substantially the same condition as existed immediately before the partial Taking, or (b) to offer (i) to acquire the Leased Property from Lessor for a purchase price equal to the Fair Market Value Minimum Purchase Price of the Leased Property immediately prior to such partial Taking, in which event this Lease shall terminate upon payment of the purchase price, or (ii) to substitute a new property pursuant to price and in accordance with Lessee shall obtain and retain the provisions proceeds of Article XXIthe related Award. Lessee shall exercise its option by giving Lessor notice thereof within sixty (60) 60 days after Lessee receives notice of the Taking. In the event Lessor does not accept Lessee's offer to so purchase or substitute for the Leased Property within thirty (30) 30 days after receipt of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking Taking, or (b) terminate the offer and this Lease by written notice to Lessor.

Partial Taking. If there is a Taking of a portion of the Leased Property by Condemnation, this Lease shall remain in effect if the Facility is not thereby rendered Unsuitable for its Primary Intended Use. If, however, the Facility is thereby rendered Unsuitable for its Primary Intended Use, Lessee shall have the option (a) to restore the Facility, at its own expense, to the extent possible, to substantially the same condition as existed immediately before the partial Taking, or (b) to offer (i) so long as Lessee is not in default, and no event has occurred which with the giving of notice or the passage of time or both would constitute such a default, under the terms of this Lease, the Other Leases, the Tenant Leases, the Loan and the Loan Documents, to acquire the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property immediately prior to such partial Taking, in which event this Lease shall terminate upon payment of the purchase price, or (ii) to substitute a new property pursuant to and in accordance with the provisions of Article XXI. Lessee shall exercise its option by giving Lessor notice thereof within sixty (60) days after Lessee receives notice of the Taking. In the event Lessor does not accept Lessee's offer Lessee exercises the option to so purchase or substitute for the Leased Property pursuant to this Section 15.4, the terms set forth in Article XVIII shall apply and the sale/purchase must be closed within thirty (30) days after receipt the date of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking or (b) terminate this Lease by written notice from Lessee to LessorLessor of Lessee's intent to purchase, unless a different closing date is agreed upon in writing by Lessor and Lessee.

Partial Taking. If there is a Taking of a portion of the Leased Property by Condemnation, this Lease shall remain in effect if the Facility is not thereby rendered Unsuitable for its Primary Intended Use. If, however, the Facility is thereby rendered Unsuitable for its Primary Intended Use, Lessee shall have the option (a) to restore the Facility, at its own expense, to the extent possible, to substantially the same condition as existed immediately before the partial Taking, or (b) to offer (i) so long as Lessee is not in monetary or payment default of any kind, and no event has occurred which with the giving of notice or the passage of time or both would constitute such a default, under the terms of this Lease, the Other Leases and the Tenant Leases to acquire the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Option Price of the Leased Property immediately prior to such partial Takingas defined in Section 35.1, in which event this Lease shall terminate upon payment of the purchase price, or (ii) to substitute a new property pursuant to and in accordance with the provisions of Article XXIOption Price. Lessee shall exercise its option by giving Lessor notice thereof within sixty (60) days after Lessee receives notice of the Taking. In the event Lessor does not accept Lessee's offer Lessee exercises the option to so purchase or substitute for the Leased Property pursuant to this Section 15.4, the terms set forth in Article XVIII shall apply and the sale/purchase must be closed within thirty (30) days after receipt the date of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking or (b) terminate this Lease by written notice from Lessee to LessorLessor of Lessee's intent to purchase, unless a different closing date is agreed upon in writing by Lessor and Lessee.

Partial Taking. If there is a Taking of a portion of the Leased Property by Condemnation, this Lease shall remain in effect if the Facility is not thereby rendered Unsuitable for its Its Primary Intended Use. If, however, the Facility is thereby rendered Unsuitable for its Its Primary Intended Use, Lessee shall have the option right (a) to restore the Facility, at its own expense, to the extent possible, to substantially the same condition as existed immediately before the partial Taking, or (b) to offer (i) to acquire the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property immediately prior to such partial Taking, in which event this Lease shall terminate upon payment of the purchase price, or (ii) to substitute a new property pursuant to and in accordance with the provisions of Article XXI. Lessee shall exercise its option by giving Lessor notice thereof within sixty (60) days after Lessee receives notice of the Taking. In the event Lessor does not accept Lessee's offer to so purchase or substitute for the Leased Property within thirty (30) days after receipt of the notice described in the preceding sentence, Lessee may either (a) withdraw its offer to purchase or substitute for the Leased Property and proceed to restore the Facility, to the extent possible, to substantially the same condition as existed immediately before the partial Taking or (b) terminate this Lease by written notice to Lessor.