Common use of Condemnation and Loss or Damage Clause in Contracts

Condemnation and Loss or Damage. If the whole or ------------------------------- any part of the Premises or Project shall be taken by power of eminent domain or condemned by any competent authority for any public or quasi-public use or purpose, or if any adjacent property or street shall be so taken or condemned, or reconfigured or vacated by such authority in such manner as to require the use, reconstruction or remodeling of any part of the Premises or Project, or if Lessor shall grant a deed or other instrument in lieu of such taking by eminent domain or condemnation. Lessor shall have the option to terminate this Lease upon ninety (90) days notice, provided such notice is given no later than one hundred eighty (180) days after the date of such taking, condemnation, reconfiguration, vacation, deed or other instrument. If more than twenty-five percent (25%) of the rentable square feet of the Premises is taken, or if access to the Premises is substantially impaired. Lessee shall have the option to terminate this Lease upon ninety (90) days' notice, provided such notice is given no later than one hundred eighty (180) days after the date of such taking Lessor shall be entitled to receive the entire award or payment in connection therewith, except that Lessee shall have the right to file any separate claim available to Lessee for any taking of Lessee's personal property and fixtures belonging to Lessee and removable by Lessee upon expiration of the Lease Term pursuant to the terms of this Lease, and for moving expenses, so long as such claim does not diminish the award available to Lessor, its ground lessor with respect to the Real Property or its mortgagee, and such claim is payable seperately to Lessee. All Rental shall be apportioned as of the date of such termination, or the date of such taking, whichever shall first occur.

Appears in 2 contracts

Samples: Office Lease (Ticketmaster Online Citysearch Inc), Office Lease (Citysearch Inc)

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Condemnation and Loss or Damage. If the whole Leased Premises or ------------------------------- any part hereof shall be taken or condemned for any public purpose to such an extent as to render the remainder of the Leased Premises, in the opinion of Landlord, not reasonably suitable for Tenant’s occupancy, this Lease shall, at the option of either party, forthwith cease and terminate. All proceeds from any taking or condemnation of the Leased Premises shall belong to and be paid to Landlord, including any and all compensation, damages, income, rent, awards or any interest therein whatsoever which may be paid or made in connection therewith, and Tenant shall have no claim against Landlord for the value of any unexpired portion of the Lease Term. Notwithstanding the foregoing, nothing contained herein shall prevent Tenant from seeking a separate award from the condemning authority for any matters which will not interfere with or reduce any award to Landlord. In the event of a partial taking of the Leased Premises which does not result in a termination of this Lease, the Base Rental shall be reduced in the proportion that the area of the portion of the Leased Premises so taken bears to the total area of the Leased Premises before such taking. Landlord shall not be liable or responsible to Tenant for any loss or damage to any property or persons occasioned by theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, force majeure or any other cause beyond the control of Landlord, or for any damage or inconvenience which may arise through repair, alteration, or improvements of all or any part of the Premises or Project shall be taken by power of eminent domain or condemned by any competent authority for any public or quasi-public use or purposeBuilding, or if any adjacent property or street shall be so taken or condemned, or reconfigured or vacated by failure to make such authority in such manner as to require the use, reconstruction or remodeling of any part of the Premises or Project, or if Lessor shall grant a deed or other instrument in lieu of such taking by eminent domain or condemnation. Lessor shall have the option to terminate this Lease upon ninety (90) days notice, provided such notice is given no later than one hundred eighty (180) days after the date of such taking, condemnation, reconfiguration, vacation, deed or other instrument. If more than twenty-five percent (25%) of the rentable square feet of the Premises is taken, or if access to the Premises is substantially impaired. Lessee shall have the option to terminate this Lease upon ninety (90) days' notice, provided such notice is given no later than one hundred eighty (180) days after the date of such taking Lessor shall be entitled to receive the entire award or payment in connection therewith, except that Lessee shall have the right to file any separate claim available to Lessee for any taking of Lessee's personal property and fixtures belonging to Lessee and removable by Lessee upon expiration of the Lease Term pursuant to the terms of this Lease, and for moving expenses, so long as such claim does not diminish the award available to Lessor, its ground lessor with respect to the Real Property or its mortgagee, and such claim is payable seperately to Lessee. All Rental shall be apportioned as of the date of such termination, or the date of such taking, whichever shall first occurrepairs.

Appears in 2 contracts

Samples: Lease (Wintegra Inc), Lease Agreement (Wintegra Inc)

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Condemnation and Loss or Damage. If the whole or ------------------------------- any material part of the Premises or Project shall be taken by power of eminent domain or condemned by any competent authority for any public or quasi-public use or purpose, or if any adjacent property or street shall be so taken or condemned, or reconfigured or vacated by such authority in such manner as to require the use, reconstruction or remodeling of any part of the Premises or Project, or if Lessor shall grant a deed or other instrument in lieu of such taking by eminent domain or condemnation. , Lessor shall have the option to terminate this Lease upon ninety (90) days days’ notice, provided such notice is given no later than one hundred eighty (180) days after the date of such taking, condemnation, reconfiguration, vacation, deed or other instrument. If more than twenty-five percent (25%) of the rentable square feet of the Premises is taken, or if access to the Premises is substantially impaired. , Lessee shall have the option to terminate this Lease upon ninety (90) days' notice, provided such notice is given no later than one hundred eighty (180) days after the date of such taking taking. Lessor shall be entitled to receive the entire award or payment in connection therewith, except that Lessee shall have the right to file any separate claim available to Lessee for any taking of Lessee's ’s personal property and fixtures belonging to Lessee and removable by Lessee upon expiration of the Lease Term pursuant to the terms of this Lease, and for moving expenses, so long as such claim does not diminish the award available to Lessor, its ground lessor with respect to the Real Property Project or its mortgagee, and such claim is payable seperately separately to Lessee. All Rental Rent shall be apportioned as of the date of such termination, or the date of such taking, whichever shall first occur.

Appears in 1 contract

Samples: Office Lease

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