Common use of Partial Condemnation Clause in Contracts

Partial Condemnation. If any portion of the Premises or the Building is Condemned and such partial condemnation materially impairs Tenant's ability to use the Premises for Tenant's business, Landlord shall have the option of either (i) relocating Tenant to comparable space within the Project or (ii) terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. In the event of relocation, Landlord shall pay the cost of constructing tenant improvements in the new premises that are substantially equivalent to the improvements made pursuant to the Work Letter, provided that Landlord receive from the condemning authority proceeds sufficient to construct such improvements. If such partial condemnation does not materially impair Tenant's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 2 contracts

Samples: Brooks Automation Inc, Brooks Automation Inc

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Partial Condemnation. If any portion of the Premises or the Building is Condemned condemned and such partial condemnation materially impairs Tenant's ’s ability to use the Premises for Tenant's business’s business as reasonably determined by Landlord, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space (including functionality and comparable improvements as the Tenant Improvements and any additional improvements made by Tenant as permitted in this Lease) within the Project Project; provided that if the partial condemnation occurs within the last two (2) years of the Term, Tenant may reject any such relocation and instead terminate this Lease by written notice to Landlord; or (ii) terminating terminate this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. In the event of relocation, Landlord shall pay the cost of constructing tenant improvements in the new premises that are substantially equivalent to the improvements made pursuant to the Work Letter, provided that Landlord receive from the condemning authority proceeds sufficient to construct such improvements. If such partial condemnation does not materially impair Tenant's ’s ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 2 contracts

Samples: Lease Agreement (Talend SA), Lease Agreement (Talend SA)

Partial Condemnation. If any portion of the Premises or the Building or the Project is Condemned and such partial condemnation materially impairs Tenant's ability to use the Premises for Tenant's businessbusiness as reasonably determined by the parties, Landlord shall have the option of either (i) relocating Tenant to comparable space within the Project or (ii) terminating this Lease shall terminate as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. In the event of relocation, Landlord shall pay the cost of constructing tenant improvements in the new premises that are substantially equivalent to the improvements made pursuant to the Work Letter, provided that Landlord receive from the condemning authority proceeds sufficient to construct such improvements. If such partial condemnation does not materially impair TenantXxxxxx's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises and the Project to the extent of any condemnation con-demnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent and Xxxxxx's Share shall be adjusted as reasonably determined deter-mined by LandlordLandlord and Tenant. However if the Premises or the Building or the Project are partially condemned to such an extent that Tenant cannot reasonably conduct its business in a substantial way, Tenant may terminate this Agreement.

Appears in 1 contract

Samples: And Attornment Agreement (Standard Register Co)

Partial Condemnation. If any portion part of the Premises leased premises shall be acquired or condemned as aforesaid, and in the Building is Condemned and event that such partial taking or condemnation materially impairs shall render the leased premises substantially unsuitable for the business of Tenant in the reasonable opinion of Landlord or Tenant's ability to use , then the Premises for Tenant's business, Landlord shall have the option term of either (i) relocating Tenant to comparable space within the Project or (ii) terminating this Lease as of the earlier of the date title vests in the condemning authority or shall cease and terminate as of the date an order possession shall be taken in such proceeding. Tenant shall have no claim against Landlord nor the condemning authority for the value of immediate possession is issued any un-expired term of this Lease and Rent rent shall be adjusted to the date of such termination, except as set forth in subsection 15.4 below. In the event of relocation, Landlord shall pay a partial taking or condemnation which is not extensive enough to render the cost of constructing tenant improvements in the new leased premises that are substantially equivalent to the improvements made pursuant to the Work Letter, provided that Landlord receive from the condemning authority proceeds sufficient to construct such improvements. If such partial condemnation does not materially impair Tenant's ability to use the Premises unsuitable for the business of TenantTenant in the reasonable opinion of Tenant and Landlord, then Landlord shall promptly restore the Premises leased premises so as to constitute the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnationremaining premises a complete architectural unit, and this Lease shall continue in full force and effect except that after with a proportionate abatement of rent based on the date portion of such title vesting or order the leased premises taken. The rent shall also abate during restoration as to the portion of immediate possession Rent shall be adjusted as reasonably determined by Landlordthe leased premises rexxxxxd un-tenantable.

Appears in 1 contract

Samples: Lease (Atmi Inc)

Partial Condemnation. If any portion of the Premises or the Building is Condemned Condemned, and such partial condemnation materially impairs Tenant's ability to use readers the Premises for Tenant's business, Landlord shall have the option of either (i) relocating Tenant to comparable space within the Project or (ii) terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. In the event of relocation, Landlord shall pay the cost of constructing tenant improvements in the new premises that are substantially equivalent to the improvements made pursuant to the Work Letter, provided that Landlord receive from the condemning authority proceeds sufficient to construct such improvements. If such partial condemnation does not materially impair Tenant's ability to use the Premises unusable for the business of Tenant, as reasonably determined by Landlord, or if a substantial portion of the Building is Condemned, as reasonably determined by Landlord, then this Lease shall terminate as of the date of title vesting in such proceeding and Rent shall be adjusted as of the date of termination. If such condemnation is not sufficiently extensive to render the Premises unusable for the business of Tenant, as reasonably determined by, then Landlord shall promptly restore the Premises to the extent of any a condition comparable to its condition immediately prior to such condemnation proceeds recovered by Landlord, excluding less the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect effect, except that after the date of such title vesting or order of immediate possession the Base Rent shall be adjusted proportionately reduced as reasonably determined by Landlord. Notwithstanding the foregoing, in restoring the Premises to their original condition, Landlord shall not be required to expend an amount greater than the product of (i) Tenant’s Building Percentage Share and (ii) the total amount of any condemnation proceeds for the Building received by Landlord. If any parking areas are Condemned, Landlord has the option, but not the obligation, to supply Tenant with other parking areas.

Appears in 1 contract

Samples: Menlo Oaks Corporate Center Lease (E Trade Group Inc)

Partial Condemnation. If any portion of the Premises or the Building is Condemned condemned and such partial condemnation materially impairs Tenant's ’s ability to use the Premises for Tenant's ’s business, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project or (ii) terminating terminate this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. In the event of relocation, If Landlord shall pay the cost of constructing tenant improvements in the new premises that are substantially equivalent to the improvements made relocates Tenant pursuant to the Work Letterthis Section 20.2, that relocation shall be at Landlord’s sole cost and expense; provided that Tenant will pay to Landlord receive any relocation assistance or award Tenant receives from the condemning authority proceeds sufficient to construct such improvementsas and when received. If such partial condemnation does not materially impair Tenant's ’s ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Model N Inc)

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Partial Condemnation. If any portion of the Premises is Condemned, and such partial condemnation renders the Premises unusable for Tenant’s business, as reasonably determined by Landlord, or if a substantial portion of the Building is Condemned and such partial condemnation materially impairs Tenant's ability to use the Premises for Tenant's businessas reasonably determined by Landlord, Landlord shall have the option of either (i) relocating Tenant to comparable space within the Project or (ii) terminating this Lease as of the earlier of the date title vests in the condemning authority or shall terminate as of the date an order of immediate possession is issued title vesting in such proceeding and Rent rent shall be adjusted to the date of termination. In the event of relocation, Landlord shall pay the cost of constructing tenant improvements in the new premises that are substantially equivalent to the improvements made pursuant to the Work Letter, provided that Landlord receive from the condemning authority proceeds sufficient to construct such improvements. If such partial condemnation does not materially impair Tenant's ability to use render the Premises unusable for the business of TenantTenant or less than a substantial portion of the Building is Condemned, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding less the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order the Base Rent, Txxxxx’s Share of immediate possession Rent Tax Expenses, Tenant’s share of Insurance Expenses, and Txxxxx’s Share of Operating Expenses shall be adjusted as reasonably determined by Landlord.

Appears in 1 contract

Samples: Industrial Space Lease (Dragonfly Energy Holdings Corp.)

Partial Condemnation. If any portion of the Premises or the Building is Condemned and such partial condemnation materially impairs Tenant's ’s ability to use the Premises for Tenant's ’s business, Landlord shall have the option in Landlord’s sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project Building that is reasonably acceptable to Tenant, or (ii) if comparable space is not available, or is not reasonably acceptable to Tenant, terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. In the event of relocation, Landlord shall pay the cost of constructing tenant improvements in the new premises that are substantially equivalent to the improvements made pursuant to the Work Letter, provided that Landlord receive from the condemning authority proceeds sufficient to construct such improvements. If such partial condemnation does not materially impair Tenant's ’s ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 1 contract

Samples: Lease (Hansen Medical Inc)

Partial Condemnation. If any portion of the Premises or the Building is Condemned and such partial condemnation materially impairs Tenant's ability to use the Premises for Tenant's businessbusiness as reasonably determined by Tenant, Landlord shall have the option in Landlord's sole and absolute discretion of either (i) relocating Tenant to comparable space within the Project which is reasonably acceptable to Tenant or (ii) terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and Rent shall be adjusted to the date of termination. In the event of relocation, Landlord shall pay the cost of constructing tenant improvements in the new premises that are substantially equivalent to the improvements made pursuant to the Work Letter, provided that Landlord receive from the condemning authority proceeds sufficient to construct such improvements. If such partial condemnation does not materially impair Tenant's ability to use the Premises for the business of Tenant, Landlord shall promptly restore the Premises to the extent of any condemnation proceeds recovered by Landlord, excluding the portion thereof lost in such condemnation, and this Lease shall continue in full force and effect except that after the date of such title vesting or order of immediate possession Rent shall be adjusted as reasonably determined by Landlord.

Appears in 1 contract

Samples: Office Lease (Bridge Capital Holdings)

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