Common use of Total or Substantial Taking Clause in Contracts

Total or Substantial Taking. If Tenant determines that the Taking is substantial under the definition appearing in Section 14.1(c) above, Tenant may, by notice to Landlord given within one hundred twenty (120) days after Xxxxxx receives notice of intended Taking, elect to treat the Taking as a Substantial Taking. If Tenant fails to so notify Landlord, and provided that the Taking is not a Total Taking, the Taking shall be deemed a “Partial Taking”. A Substantial Taking shall be treated as a Total Taking if (1) the taking meets the definition of Substantial Taking; (2) Tenant delivers notice to Landlord within one hundred twenty (120) days after Xxxxxx receives notice of intended Taking, as provided above; (3) no Event of Default exists under this Lease; and (4) Tenant has complied with all Lease provisions concerning apportionment of the Award. If these conditions are not met, the Taking shall be treated as a Partial Taking.

Total or Substantial Taking. On a Total Taking, Lessee's obligation to pay Rent shall terminate on the day of Taking. If Tenant Lessee determines that the Taking is substantial under the definition appearing in Section 14.1(c) Subsection 16.01.a.iii. above, Tenant Lessee may, by notice to Landlord Lessor given within one hundred twenty (120) days after Xxxxxx Lessee receives notice of intended Taking, elect to treat the Taking as a Substantial Taking. If Tenant fails to Lessee does not so notify Landlord, and provided that the Taking is not a Total TakingLessor, the Taking shall be deemed a “Partial Taking”. A Substantial Taking shall be treated as a Total Taking if (1) the taking meets the definition of Substantial Taking; (2) Tenant Lessee delivers notice to Landlord Lessor within one hundred twenty (120) days after Xxxxxx Lessee receives notice of intended Taking, as provided above; , and (32) no Event of Default exists Lessee is not in default under this Lease; Lease and (4) Tenant has complied with all Lease provisions concerning apportionment of the Awardaward. If these conditions are not met, the Taking shall be treated as a Partial Taking.

Total or Substantial Taking. On a Total Taking, Xxxxxx's obligation to pay Rent shall terminate on the day of Taking. If Tenant Lessee determines that the Taking is substantial under the definition appearing in Section 14.1(c) Subsection 16.01.a.iii. above, Tenant Lessee may, by notice to Landlord Lessor given within one hundred twenty (120) days after Xxxxxx receives notice of intended Taking, elect to treat the Taking as a Substantial Taking. If Tenant fails to Lessee does not so notify Landlord, and provided that the Taking is not a Total TakingLessor, the Taking shall be deemed a “Partial Taking”. A Substantial Taking shall be treated as a Total Taking if (1) the taking meets the definition of Substantial Taking; (2) Tenant Lessee delivers notice to Landlord Lessor within one hundred twenty (120) days after Xxxxxx receives notice of intended Taking, as provided above; , and (32) no Event of Default exists Lessee is not in default under this Lease; Lease and (4) Tenant has complied with all Lease provisions concerning apportionment of the Awardaward. If these conditions are not met, the Taking shall be treated as a Partial Taking.

Total or Substantial Taking. If Tenant determines that the Taking is substantial under the definition appearing in Section 14.1(c) above, Tenant may, by notice to Landlord given within one hundred twenty (120) days after Xxxxxx Tenant receives notice of intended Taking, elect to treat the Taking as a Substantial Taking. If Tenant fails to so notify Landlord, and provided that the Taking is not a Total Taking, the Taking shall be deemed a “Partial Taking”. A Substantial Taking shall be treated as a Total Taking if (1) the taking meets the definition of Substantial Taking; (2) Tenant delivers notice to Landlord within one hundred twenty (120) days after Xxxxxx Tenant receives notice of intended Taking, as provided above; (3) no Event of Default exists under this Lease; and (4) Tenant has complied with all Lease provisions concerning apportionment of the Award. If these conditions are not met, the Taking shall be treated as a Partial Taking.