Common use of Partial Condemnation Clause in Contracts

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of Tenant, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable for the business of Tenant, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to taken. "Amount received by Landlord" shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 4 contracts

Samples: Lease Agreement (Franklin Covey Co), Lease Agreement (Myriad Genetics Inc), Lease Agreement (Myriad Genetics Inc)

AutoNDA by SimpleDocs

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of Tenant, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable for the business of Tenant, then this Lease shall continue in effect except that the Basic Annual Rent, Laboratory Facility Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to taken. "Amount received by Landlord" shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 3 contracts

Samples: Sublease Agreement (Myriad Pharmaceuticals, Inc.), Sublease Agreement (Myriad Pharmaceuticals, Inc.), Sublease Agreement (Myriad Genetics Inc)

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that the remaining portion not so taken unsuitable for the business of Tenant’s business, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable remain suitable for the Tenant’s business of Tenantfollowing such partial taking, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent including any charges for parking shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) or Common Areas taken bears to the total area initially demised and demised. Landlord shall, upon receipt of the award in condemnationaward, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" shall mean that part of the award from the Condemnation Proceeding, less any costs or expenses incurred by Landlord in condemnation the collection of the award, which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 3 contracts

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

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of Tenant, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable for the business of Tenant, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to taken. "Amount received by Landlord" shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 3 contracts

Samples: Lease Agreement (Myriad Genetics Inc), Lease Agreement (Marchex Inc), Lease Agreement (Myriad Genetics Inc)

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of Tenant's operations, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable for the business of Tenant's operations, then this Lease shall continue in effect except that the Basic Annual Rent Rental and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised demised, and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 2 contracts

Samples: Lease Agreement (Iomega Corp), Lease Agreement (Iomega Corp)

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that the remaining portion not so taken unsuitable for the business of Tenant’s business, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable remains suitable for the Tenant’s business of Tenantfollowing such partial taking, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and demised. Landlord shall, upon receipt of the award in condemnationaward, make all necessary repairs or alterations to the Building in which the Leased Premises are locatedlocated and otherwise constituting improvements constructed by Landlord pursuant to the Work Letter, if any, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" shall mean that part of the award from the Condemnation Proceeding, less any costs or expenses incurred by Landlord in condemnation the collection of the award, which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 2 contracts

Samples: Lease Agreement (Weave Communications, Inc.), Lease Agreement (Weave Communications, Inc.)

Partial Condemnation. If any part of the Leased Premises shall be acquired or taken as aforesaidby condemnation proceeding, and such partial taking shall render that portion not so taken unsuitable for the business of Tenant, then than this Lease shall cease and terminate as aforesaidof the date of title vesting in such proceeding. If such partial taking is does not extensive enough to render the Leased Premises unsuitable for the business of Tenant, then this Lease shall continue in effect except that the Basic Annual Monthly Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total rented area initially demised and of the Premises immediately prior to the taking. Landlord shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the Building in which the Leased Premises are located; provided, provided however, that Landlord shall not be required to expend expand for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 1 contract

Samples: Lease Agreement (CHG Healthcare Services, Inc.)

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of Tenant, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable for the business of Tenant, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that the Landlord shall not be required to expend for such work an au amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 1 contract

Samples: Lease Agreement (Nutranomics, Inc.)

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that the remaining portion not so taken unsuitable for the business of Tenant’s business, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable remain suitable for the Tenant’s business of Tenantfollowing such partial taking, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and demised. Landlord shall, upon receipt of the award in condemnationaward, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" shall mean that part of the award from the Condemnation Proceeding, less any costs or expenses incurred by Landlord in condemnation the collection of the award, which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 1 contract

Samples: Lease Agreement (Lifevantage Corp)

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of TenantTenant (except for the amount of floor space), then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable for the business of Tenant, then this Lease lease shall continue in effect except that the Basic Annual Rent and Additional Rent minimum rent shall be reduced in the same proportion that the portion floor area of the Leased Premises (including basement, if any) premise taken bears to the total original floor area initially demised leased and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs repair or alterations to the Building building in which the Leased Premises are locatedlocated so as to constitute the portion of the building not taken a complete architectural unit, provided that but the cost of such work to be done by Landlord shall not be required to expend for such work an amount in excess of any event exceed the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" Landlord shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee. Notwithstanding the above, the decision as to whether the Premises are untenantable shall remain with Landlord.

Appears in 1 contract

Samples: Lease Agreement (MJ Holdings, Inc.)

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that the remaining portion not so taken unsuitable for the business of Tenant’s business, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable remain suitable for the Tenant’s business of Tenantfollowing such partial taking, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and demised. Landlord shall, upon receipt of the award in condemnationaward, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" shall mean that part of the award from the Condemnation Proceeding, less any costs or expenses incurred by Landlord in condemnation the collection of the award, which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 1 contract

Samples: Lease Agreement (Broadview Institute Inc)

AutoNDA by SimpleDocs

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of Tenant, then them this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable for the business of Tenant, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" shall Shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 1 contract

Samples: Lease Agreement (Simmons Media Group Inc)

Partial Condemnation. If any part of the Leased Premises shall be acquired or taken as aforesaidby condemnation proceeding, and such partial taking shall render that portion not so taken unsuitable for the business of TenantTENANT, then this Lease shall cease and terminate as aforesaidof the date of title vesting in such condemnor. If such partial taking is does not extensive enough to render the Leased Premises unsuitable for the business of TenantTENANT, then this Lease shall continue in effect except that the Basic Annual Monthly Rent and Additional Rent shall be reduced from the time of taking in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total rented area initially demised and Landlord of the Premises immediately prior to the taking. LANDLORD shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the Building in which the Leased Premises are located; provided, provided however, that Landlord LANDLORD shall not be required to expend for such work an amount in excess of the amount received by Landlord LANDLORD as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" LANDLORD shall mean that part of the award in condemnation which is free and clear to Landlord LANDLORD of any collection by mortgage lenders for the value of the diminished fee.

Appears in 1 contract

Samples: Lease Agreement (Sportsnuts Com International Inc)

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that the remaining portion not so taken unsuitable for the business Tenant’s business, as determined by Tenant in its commercially reasonable discretion within thirty (30) days of Tenant’s receipt of notice of such condemnation, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable remain suitable for the Tenant’s business of Tenantfollowing such partial taking, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and demised. Landlord shall, upon receipt of the award in condemnationaward, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" shall mean that part of the award from the Condemnation Proceeding, less any costs or expenses incurred by Landlord in condemnation the collection of the award, which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 1 contract

Samples: Lease Agreement (Skullcandy, Inc.)

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that the remaining portion not so taken unsuitable for the business of Tenant’s business, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render a portion of the Leased Premises unsuitable remains suitable for the Tenant’s business of following such partial taking, in Tenant’s reasonable discretion, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and demised. Landlord shall, upon receipt of the award in condemnationaward, make all necessary repairs or alterations to the Building in which the Leased Premises are locatedlocated and otherwise constituting improvements constructed by Landlord pursuant to the Work Letter, if any, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" shall mean that part of the award from the Condemnation Proceeding, less any costs or expenses incurred by Landlord in condemnation the collection of the award, which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 1 contract

Samples: Lease Agreement (Pluralsight, Inc.)

Partial Condemnation. If any part less than all of the Leased Premises are taken by the exercise of the power of eminent domain, or sold under the threat of eminent domain, the Lessee shall have the right to terminate this Lease if the premises remaining are such that their continued use for the purpose for which the same were being used immediately prior to such taking, is reasonably impractical or economically imprudent. Termination shall be as of the date possession is taken as aforesaidby the condemnor. The option to terminate herein granted shall be exercised in writing by the Lessee within ten (10) days after the date of the taking of possession by the condemnor. In any event, the entire compensation award shall belong to the Lessor and such partial taking the Lessee shall render that portion not so taken unsuitable for the business of Tenant, then have no interest therein. If this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render terminated, the Lessor shall, with reasonable diligence, restore any improvements upon the Leased Premises unsuitable for affected by the business of Tenanttaking, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that Landlord but shall not be required obligated to expend spend for such work an restoration any amount in excess of the amount received awarded or paid to it by Landlord the condemnor for such purpose. There shall be no abatement of Rent or additional rent during the period of restoration, or thereafter but the Lessee's Applicable Percentage shall be recalculated for any increase or reduction as damages for the part a result of the Leased Premises to taken. "Amount received by Landlord" shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished feepartial condemnation.

Appears in 1 contract

Samples: Lease Agreement (Mach One Corp)

Partial Condemnation. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of Tenant, then this Lease shall cease and terminate as aforesaid. If such partial taking is not extensive enough to render the Leased Premises unsuitable for the business of Tenant, then this Lease shall continue in effect except that the Basic Annual Rent and Additional Rent shall be reduced in the same proportion that the portion of the Leased Premises (including basement, if any) taken bears to the total area initially demised and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs or alterations to the Building in which the Leased Premises are located, provided that Landlord shall not be required to expend for such work an amount in excess of the amount received by Landlord as damages for the part of the Leased Premises to so taken. "Amount received by Landlord" shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgage lenders for the value of the diminished fee.

Appears in 1 contract

Samples: Lease Agreement (Sento Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.