Common use of Tenant’s Termination Clause in Contracts

Tenant’s Termination. If the whole of or any substantial part of the Premises is taken by any public authority under the power of eminent domain, or taken in any manner for any public or quasi-public use, so as to render (in Tenant's reasonable judgment) the remaining portion of the Premises unsuitable for the purposes intended hereunder, then the Term will cease as of the day possession will be taken by such public authority and Landlord will make a pro rata refund of any prepaid rent. All damages awarded for such taking under the power of eminent domain or any like proceedings will belong to and be the property of Landlord, Tenant hereby assigning to Landlord its interest, if any, in such award. In the event that fifty percent (50%) or more of the building area or fifty percent (50%) or more of the value of the Office Complex is taken by public authority under the power of eminent domain, then, at Landlord's option, by written notice to Tenant, given within sixty (60) days from the date possession will be taken by such public authority, Landlord may terminate this Lease effective upon a date within ninety (90) days from the date of such notice to Tenant. Tenant will not have the right to terminate this Lease pursuant to the preceding sentence unless (a) the business of Tenant conducted in the portion of the Premises taken cannot in Tenant's reasonable judgment be carried on with substantially the same utility and efficiency in the remainder of the Premises (or any substitute space securable by Tenant pursuant to clause (b) hereof); and (b) Tenant cannot secure substantially similar (in Tenant's reasonable judgment) alternate space upon the same terms and conditions as set forth in this Lease from Landlord in the Office Complex. Any notice of termination will specify the date not less than sixty (60) days after the giving of such notice as the date for such termination.

Appears in 1 contract

Samples: Vitria Technology Inc

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Tenant’s Termination. If In addition to the whole of or any substantial part of the Premises is taken by any public authority under the power of eminent domainforegoing, or taken in any manner for any public or quasi-public use, so as to render (in Tenant's reasonable judgmenti) the remaining portion of the Premises unsuitable for the purposes intended hereunder, then the Term will cease as of the day possession will be taken by such public authority and Landlord will make a pro rata refund of any prepaid rent. All damages awarded for such taking under the power of eminent domain or any like proceedings will belong to and be the property of Landlord, Tenant hereby assigning to Landlord its interest, if any, in such award. In the event that fifty percent (50%) or more of the building area Premises or fifty percent (50%) or more of the value floor area of the Office Complex is Facility are taken by public authority under eminent domain or condemnation or any transfer in lieu of condemnation, or (ii) if less than fifty percent (50%) of the power Premises are taken by eminent domain or condemnation or any transfer in lieu of eminent domaincondemnation and, then, at Landlord's option, by written notice to in the good faith judgment of Tenant, given within sixty (60) days from the date possession will be taken by such public authority, Landlord may terminate this Lease effective upon a date within ninety (90) days from the date of such notice to Tenant. Tenant will not have the right to terminate this Lease pursuant to the preceding sentence unless (a) the business of Tenant conducted in the remaining portion of the Premises taken cannot in Tenant's reasonable judgment be carried on with substantially economically and practically used by Tenant for the same utility and efficiency in the remainder conduct of its business; or (iii) if less than fifty percent (50%) of the Premises (are taken by eminent domain or condemnation or any substitute space securable transfer in lieu of condemnation and such condemnation prevents or effectively prevents access to the Premises or the entrances of the Facility, or has a material adverse effect upon the number of parking spaces reasonably available to Tenant or the providing of other essential services of the Premises, unless Landlord shall have provided reasonable substitutes therefor; then, in any such event, Tenant shall have the right upon written notice to Landlord to terminate this Lease. In the event of such a termination, then, this Lease shall terminate and all obligations hereunder shall cease as of the date upon which possession is taken by the condemnor and the Basic Rent and the Additional Monetary Obligations herein reserved shall be apportioned and paid in full by Tenant pursuant to clause (b) hereof); Landlord to that date and (b) Tenant cannot secure substantially similar (in all Basic Rent and Additional Monetary Obligations prepaid for periods beyond that date shall forthwith be repaid by Landlord to Tenant's reasonable judgment) alternate space upon the same terms and conditions as set forth in this Lease from Landlord in the Office Complex. Any notice of termination will specify the date not less than sixty (60) days after the giving of such notice as the date for such termination.

Appears in 1 contract

Samples: Lease Agreement (Biopure Corp)

Tenant’s Termination. If the whole of or any a substantial part of the Premises is taken by any public authority under the power of eminent domain, or taken in any manner for any public or quasi-public use, so as to render (in Tenant's reasonable judgment) the remaining portion of the Premises unsuitable for the purposes intended hereunder, then Tenant shall give Landlord written notice within thirty (30) days of receiving notice of the Term will taking and the term of this Lease shall cease as of the day possession will shall be taken by such public authority and Landlord will shall make a pro rata refund of any prepaid rent. All Subject to Section 12.2, all damages awarded for such taking under the power of eminent domain or any like proceedings will shall belong to and be the property of Landlord, Tenant hereby assigning to Landlord its interest, if any, in such said award. In the event that fifty percent (50%) Further, if all or more of the building area or fifty percent (50%) or more of the value any material part of the Office Complex is taken by public authority under the power of eminent domain, thenor taken in any manner for any public or quasi-public use, so as to render any remaining portion of the Premises unsuitable in Tenant's reasonable opinion, for the purposes intended hereunder, upon delivery of possession to the condemning authority pursuant to the proceedings, Tenant may, at Landlord's its option, terminate this Lease as to the remainder of the Premises by written notice to TenantLandlord, given within sixty (60) days from the date possession will be taken by such public authority, Landlord may terminate this Lease effective upon a date within ninety (90) days from the date of such notice to Tenantbe given to Landlord within thirty (30) days after Tenant receives notice of the taking. Tenant will shall not have the right to terminate this Lease pursuant to the preceding sentence sentences unless (a) the business of Tenant conducted in the portion of the Premises taken cannot in Tenant's reasonable judgment be carried on with substantially the same utility and efficiency in the remainder of the Premises (or any substitute space securable by Tenant pursuant to clause (b) hereof); and (b) Tenant cannot secure substantially similar (in Tenant's reasonable judgment) alternate space upon the same terms and conditions as set forth in this Lease from Landlord in the Office ComplexPremises. Any notice of termination will shall specify the date not less more than sixty (60) days after the giving of such notice as the date for such termination.

Appears in 1 contract

Samples: Stanford Telecommunications Inc

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Tenant’s Termination. If the whole of or any substantial part of the Premises is taken by any public authority under the power of eminent domain, or taken in any manner for any public or quasi-quasi- public use, so as to render (in Tenant's reasonable judgment) the remaining portion of the Premises unsuitable for the purposes intended hereunder, then the Term will term of this Lease shall cease as of the day possession will shall be taken by such public authority and Landlord will shall make a pro rata refund of any prepaid rent. All damages awarded for such taking under the power of eminent domain or any like proceedings will shall belong to and be the property of Landlord, Tenant hereby assigning to Landlord its interest, if any, in such said award. In the event that fifty percent (50%) or more of the building area or fifty percent (50%) or more of the value of the Office Complex Building is taken by public authority under the power of eminent domain, then, at Landlord's option, by written notice to Tenant, given mailed within sixty (60) days from the date possession will shall be taken by such public authority, Landlord may terminate this Lease effective upon a date within ninety (90) days from the date of such notice to Tenant. Further, if all or any material part of the Premises is taken by public authority under the power of eminent domain, or taken in any manner for any public or quasi-public use, so as to render the remaining portion of the Premises unsuitable in Tenant's reasonable opinion, for the purposes intended hereunder, upon delivery of possession to the condemning authority pursuant to the proceedings, Tenant will may, at its option, terminate this Lease as to the remainder of the Premises by written notice to Landlord, such notice to be given to Landlord within thirty (30) days after Tenant receives notice of the taking. Tenant shall not have the right to terminate this Lease pursuant to the preceding sentence unless (a) the business of Tenant conducted in the portion of the Premises taken cannot in Tenant's reasonable judgment be carried on with substantially the same utility and efficiency in the remainder of the Premises (or any substitute space securable by Tenant pursuant to clause ([b) ] hereof); and (b) Tenant cannot secure substantially similar (in Tenant's reasonable judgment) alternate space upon the same terms and conditions as set forth in this Lease from Landlord in the Office ComplexBuilding. Any notice of termination will shall specify the date not less more than sixty (60) days after the giving of such notice as the date for such termination.

Appears in 1 contract

Samples: And Attornment Agreement (Ace Hardware Corp)

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