Condemnation Contract Clauses (3,058)

Condemnation. If the whole or any material part of the Premises or the Project is should be taken for any public or quasi-public use under governmental law, ordinance, or regulation, or by right of eminent domain, or by private purchase in lieu thereof (a "Taking" or "Taken"), and the Taking would in Landlord's reasonable judgment, either prevent or materially interfere with Tenant's use of the Premises or materially interfere with or impair Landlord's ownership or operation of the Project, then upon written... notice by Landlord this Lease shall terminate and Base Rent and Operating Expenses shall be apportioned as of said date. In the event (i) more than [***] of the Premises is involved in a Taking as described in this Paragraph 16, or (ii) more than [***] of the parking spaces for the Building are Taken and not replaced by Landlord with other parking spaces in the Project proximate to the Building, and in either case the Taking, in Tenant's reasonable judgment, would materially interfere with or impair Tenant's operations at the Premises, then in any such event Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within thirty (30) days of such Taking. If part of the Premises shall be Taken, and this Lease is not terminated as provided above, Landlord shall promptly restore the Premises Base Rent and the Project as nearly as is commercially reasonable under the circumstances to their condition prior to such partial Taking and the rentable square footage of the Building, the rentable square footage of the Premises, Tenant's Share of Operating Expenses and the Rent payable hereunder during the unexpired Lease Term shall be reduced to such extent as may be fair and reasonable under the circumstances. Upon In the event of any such Taking, Landlord shall be entitled to receive the entire price or award from any such Taking without any payment to Tenant, and Tenant hereby assigns to Landlord Tenant's interest, if any, in such award. Tenant shall have the right, to the extent that same shall not diminish Landlord's award, to make a separate claim against the condemning authority (but not Landlord) for such compensation as may be separately awarded or recoverable by Tenant for moving expenses and damage to Tenant's trade fixtures, Trade Fixtures, goodwill and other personal property, if a separate award for such items is made to Tenant. Tenant hereby waives any and all rights it might otherwise have pursuant to any provision of state law to terminate this Lease upon a partial Taking of the Premises or the Project. View More

Condemnation. If the whole or any material part of the Premises or the Project is taken for any public or quasi-public use under governmental law, ordinance, or regulation, or by right of eminent domain, or by private purchase in lieu thereof (a "Taking" or "Taken"), and the Taking would in Landlord's reasonable judgment, materially interfere with or impair Landlord's ownership or operation of the Project or would in the reasonable judgment of Landlord and Tenant either prevent or materially interfere with... Tenant's use of the Premises or materially interfere (as resolved, if the parties are unable to agree, by arbitration by a single arbitrator with or impair Landlord's ownership or operation the qualifications and experience appropriate to resolve the matter and appointed pursuant to and acting in accordance with the rules of the Project, American Arbitration Association), then upon written notice by Landlord or Tenant, as applicable, to the other, this Lease shall terminate and Rent shall be apportioned as of said date. If part of the Premises shall be Taken, and this Lease is not terminated as Net Multi-Tenant Laboratory 500 Technology Square/Codiak – Page 16 provided above, Landlord shall promptly restore the Premises and the Project as nearly as is commercially reasonable under the circumstances to their condition prior to such partial Taking and the rentable square footage of the Building, the rentable square footage of the Premises, Tenant's Share of Operating Expenses and the Rent payable hereunder during the unexpired Term shall be reduced to such extent as may be fair and reasonable under the circumstances. Upon any such Taking, Landlord shall be entitled to receive the entire price or award from any such Taking without any payment to Tenant, and Tenant hereby assigns to Landlord Tenant's interest, if any, in such award. Tenant shall have the right, to the extent that same shall not diminish Landlord's award, to make a separate claim against the condemning authority (but not Landlord) for such compensation as may be separately awarded or recoverable by Tenant for moving expenses and damage to Tenant's trade fixtures, if a separate award for such items is made to Tenant. Tenant hereby waives any and all rights it might otherwise have pursuant to any provision of state law to terminate this Lease upon a partial Taking of the Premises or the Project. View More

Condemnation. If the whole or any material part of the Premises or the Project is taken for any public or quasi-public use under governmental law, ordinance, or regulation, or by right of eminent domain, or by private purchase in lieu thereof (a "Taking" or "Taken"), and the Taking would in Landlord's reasonable judgment, materially interfere with or impair Landlord's ownership or operation of the Project or would in the reasonable judgment of Landlord and Tenant either prevent or materially interfere with... Tenant's use of the Premises or materially interfere (as resolved, if the parties are unable to agree, by arbitration by a single arbitrator with or impair Landlord's ownership or operation the qualifications and experience appropriate to resolve the matter and appointed pursuant to and acting in accordance with the rules of the Project, American Arbitration Association), then upon written notice by Landlord or Tenant to the other this Lease shall terminate and Rent shall be apportioned as of said date. If part of the Premises shall be Taken, and this Lease is not terminated as provided above, Landlord shall promptly restore the Premises and the Project as nearly as is commercially reasonable under the circumstances to their condition prior to such partial Taking and the rentable square footage of Copyright © 2005. Alexandria Real Estate Equities, Inc. ALL RIGHTS RESERVED. Confidential and Proprietary – Do Not Copy or Distribute. Alexandria and the Alexandria Logo are registered trademarks of Alexandria Real Estate Equities, Inc. Net Multi-Tenant Laboratory 7000 Shoreline/Ideaya - Page 15 the Building, the rentable square footage of the Premises, Tenant's Share of Operating Expenses and the Rent payable hereunder during the unexpired Term shall be reduced to such extent as may be fair and reasonable under the circumstances. Upon any such Taking, Landlord shall be entitled to receive the entire price or award from any such Taking without any payment to Tenant, and Tenant hereby assigns to Landlord Tenant's interest, if any, in such award. Tenant shall have the right, to the extent that same shall not diminish Landlord's award, to make a separate claim against the condemning authority (but not Landlord) for such compensation as may be separately awarded or recoverable by Tenant for moving expenses and damage to Tenant's trade fixtures, if a separate award for such items is made to Tenant. Tenant hereby waives any and all rights it might otherwise have pursuant to any provision of state law to terminate this Lease upon a partial Taking of the Premises or the Project. View More

Condemnation. (a) Total (a)Total Taking. If the entire Building or Premises are taken by right of eminent domain or conveyed in lieu thereof (a "Taking"), this Lease shall terminate as of the date of the Taking. (b) Partial (b)Partial Taking - Tenant's Rights. If any part of the Building becomes subject to a Taking and such Taking will prevent Tenant from conducting on a permanent basis its business in the Premises (or a material portion) in a manner reasonably comparable to that conducted immediately before... such Taking for a period of more than one hundred eighty (180) days, Taking, then Tenant may terminate this Lease as of the date of such Taking by giving written notice to Landlord within thirty (30) 30 days after the Taking, and Basic Rent and Additional Rent shall be apportioned as of the date of such Taking. If Tenant does not terminate this Lease, then Rent shall be abated on a reasonable basis as to that portion of the Premises rendered untenantable by the Taking. TENANT HEREBY WAIVES ANY AND ALL RIGHTS IT MIGHT OTHERWISE HAVE PURSUANT TO SECTION 1265.130 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. (c) Partial (c)Partial Taking - Landlord's Rights. If any material portion, but less than all, of the Building becomes subject to a Taking, or if Landlord is required to pay any of the proceeds arising from a Taking to a Landlord's 33 Mortgagee, then Landlord may terminate this Lease by delivering written notice thereof to Tenant within thirty (30) 30 days after such Taking, and Basic Rent and Additional Rent shall be apportioned as of the date of such Taking. If Landlord does not so terminate this Lease, then this Lease will continue, but if any portion of the Premises has been taken, Rent shall abate as provided in the next to last sentence of Section 14(b). (d) Award. (d)Temporary Taking. If all or any portion of the Premises becomes subject to a Taking for a limited period of time, this Lease shall remain in full force and effect and Tenant shall continue to perform all of the terms, conditions and covenants of this Lease, including the payment of Basic Rent and all other amounts required hereunder. If any such temporary Taking terminates prior to the expiration of the Term, Tenant shall restore the Premises as nearly as possible to the condition prior to such temporary Taking, at Tenant's sole cost and expense. Landlord shall be entitled to receive the entire award for any such temporary Taking, except that Tenant shall be entitled to receive the portion of such award which (1) compensates Tenant for its loss of use of the Premises within the Term and (2) reimburses Tenant for the reasonable out-of-pocket costs actually incurred by Tenant to restore the Premises as required by this Section 14(d). (e)Award. If any Taking occurs, then Landlord shall receive the entire award or other compensation for the Land, the Building, and other improvements taken; however, Tenant may separately pursue a claim (to the extent it will not reduce Landlord's award) against the condemnor for the value of Tenant's personal property which Tenant is entitled to remove under this Lease, moving costs, loss of business and goodwill, business, and other claims it may have (excluding any claim related to its leasehold interest). (e) Repair. If the Lease is not terminated, Landlord shall proceed with reasonable diligence to restore the remaining part of the Premises and Building substantially to their former condition to the extent feasible to constitute a complete and tenantable Building and Premises; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Premises as of the date of the Taking, and Tenant shall be required to pay the cost for restoring any other leasehold improvements. In no event shall Landlord be required to spend more than the condemnation proceeds received by Landlord for such repair. have. View More

Condemnation. (a) Total Taking. If the entire Building or Premises are taken by right of eminent domain or conveyed in lieu thereof (a "Taking"), this Lease shall terminate as of the date of the Taking. (b) Partial Taking - Tenant's Rights. If any part of the Building becomes subject to a Taking and such Taking will prevent Tenant from conducting its business in the Premises (or a material portion) in a manner reasonably comparable to that conducted immediately before such Taking for a period of more than... one hundred eighty (180) days, then Tenant may terminate this Lease as of the date of such Taking by giving written notice to Landlord within thirty (30) days after the Taking, and Rent shall be apportioned as of the date of such Taking. If Tenant does not terminate this Lease, then Rent shall be abated on a reasonable basis as to that portion of the Premises rendered untenantable by the Taking. TENANT HEREBY WAIVES ANY AND ALL RIGHTS IT MIGHT OTHERWISE HAVE PURSUANT TO SECTION 1265.130 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. 19 (c) Partial Taking - Taking- Landlord's Rights. If any material portion, but less than all, of the Building becomes subject to a Taking, or if Landlord is required to pay any of the proceeds arising from a Taking to a Landlord's 33 Mortgagee, then Landlord may terminate this Lease by delivering written notice thereof to Tenant within thirty (30) days after such Taking, and Rent shall be apportioned as of the date of such Taking. If Landlord does not so terminate this Lease, then this Lease will continue, but if any portion of the Premises has been taken, Rent shall abate as provided in the next to last sentence of Section 14(b). (d) Award. If any Taking occurs, then Landlord shall receive the entire award or other compensation for the Land, the Building, and other improvements taken; however, Tenant may separately pursue a claim (to the extent it will not reduce Landlord's award) against the condemnor for the value of Tenant's personal property which Tenant is entitled to remove under this Lease, moving costs, loss of business and goodwill, business, and other claims it may have (excluding any claim related to its leasehold interest). (e) Repair. If the Lease is not terminated, Landlord shall proceed with reasonable diligence to restore the remaining part of the Premises and Building substantially to their former condition to the extent feasible to constitute a complete and tenantable Building and Premises; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Premises as of the date of the Taking, and Tenant shall be required to pay the cost for restoring any other leasehold improvements. In no event shall Landlord be required to spend more than the condemnation proceeds received by Landlord for such repair. have. View More

Condemnation. (a) Total Taking. If the entire Building or Premises are taken by right of eminent domain or conveyed in lieu thereof (a "Taking"), this Lease shall terminate as of the date of the Taking. (b) Partial Taking - Tenant's Rights. If any part of the Building becomes subject to a Taking and such Taking will prevent Tenant from conducting on a permanent basis its business in the Premises (or a material portion) in a manner reasonably comparable to that conducted immediately before such Taking for a... period of more than one hundred eighty (180) days, Taking, then Tenant may terminate this Lease as of the date of such Taking by giving written notice to Landlord within thirty (30) 30 days after the Taking, and Basic Rent and Additional Rent shall be apportioned as of the date of such Taking. If Tenant does not terminate this Lease, then Rent shall be abated on a reasonable basis as to that portion of the Premises rendered untenantable by the Taking. TENANT HEREBY WAIVES ANY AND ALL RIGHTS IT MIGHT OTHERWISE HAVE PURSUANT TO SECTION 1265.130 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. (c) Partial Taking - Landlord's Rights. If any material portion, but less than all, of the Building becomes subject to a Taking, or if Landlord is required to pay any of the proceeds arising from a Taking to a Landlord's 33 Mortgagee, then Landlord or Tenant may terminate this Lease by delivering written notice thereof to Tenant the other within thirty (30) 30 days after such Taking, and Basic Rent and Additional Rent shall be apportioned as of the date of such Taking. If Landlord or Tenant does not so terminate this Lease, then this Lease will continue, but if any portion of the Premises has been taken, Rent shall abate as provided in the next to last sentence of Section 14(b). (d) Temporary Taking. If all or any portion of the Premises becomes subject to a Taking for a limited period of time, this Lease shall remain in full force and effect and Tenant shall continue to perform all of the terms, conditions and covenants of this Lease, including the payment of Basic Rent and all other amounts required hereunder; provided, however, Tenant's Rent shall be proportionally abated based on the duration and area affected by such temporary Taking. If any such temporary Taking terminates prior to the expiration of the Term, Tenant shall restore the Premises as nearly as possible to the condition prior to such temporary Taking, at Tenant's sole cost and expense. Landlord shall be entitled to receive the entire award for any such temporary Taking, except that Tenant shall be entitled to receive the portion of such award which (1) compensates Tenant for its loss of use of the Premises within the Term and (2) reimburses Tenant for the reasonable out-of-pocket costs actually incurred by Tenant to restore the Premises as required by this Section 14(d). 17 (e) Award. If any Taking occurs, then Landlord shall receive the entire award or other compensation for the Land, the Building, and other improvements taken; however, Tenant may separately pursue a claim (to the extent it will not reduce Landlord's award) against the condemnor for the value of Tenant's personal property which Tenant is entitled to remove under this Lease, moving costs, loss of business and goodwill, business, and other claims it may have (excluding any claim related to its leasehold interest). (e) Repair. If the Lease is not terminated, Landlord shall proceed with reasonable diligence to restore the remaining part of the Premises and Building substantially to their former condition to the extent feasible to constitute a complete and tenantable Building and Premises; provided, however, that Landlord shall only be required to reconstruct building standard leasehold improvements existing in the Premises as of the date of the Taking, and Tenant shall be required to pay the cost for restoring any other leasehold improvements. In no event shall Landlord be required to spend more than the condemnation proceeds received by Landlord for such repair. have. View More

Condemnation. If the Premises or any portion thereof are permanently taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "Condemnation"), (all of which are herein called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than 10% ten 21 Initial ______ Initial ______ percent (10%) of the rentable floor area of the Premises, or more than ... class="diff-color-red">25% twenty five percent (25%) of the portion of the Premises designated for Lessee's Reserved Parking Spaces, if any, are parking, is taken by Condemnation, condemnation, Lessee may, at Lessee's option, to be exercised in writing within 10 twenty (20) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within 10 twenty (20) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion to as the reduction in utility rentable floor area of the Premises caused by taken bears to the total rentable floor area of the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any portion of the Premises. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in of value of the leasehold, leasehold or for the value taking of the part taken, fee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor compensation, awarded to Lessee for Lessee's relocation expenses, expenses and/or loss of business goodwill and/or Lessee's Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. Fixtures. In the event that this Lease is not terminated by reason of the Condemnation, such condemnation, Lessor shall to the extent of its net severance damages received, over and above the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such Condemnation. condemnation authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair. View More

Found in Skechers USA Inc contract

Condemnation. If all or part of the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively "Condemnation"), power, this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. possession. If more than 10% 25% of the rentable floor area of the Premises, or more than 25% of Lessee's Reserved Parking Spaces, if any, are improvements on... the Premises is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing condemnation, Tenant may by a written notice within 10 ten ( I 0) days after Lessor shall have given Lessee written notice of such taking (or in the absence of absent such notice, within 10 ten (10) days after the condemning authority shall have taken takes possession) terminate tenninate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not terminate this Lease in accordance with the foregoing, so terminate, this Lease shall remain in full force and effect as to the portion of the Premises remaining, remaining except that the Base Rent rent shall be reduced in the proportion that the floor area taken bears to the reduction in utility original total floor area; provided that if circumstances make abatement based on floor area unreasonable, the rent shall abate by a reasonable amount to be determined by Landlord. Any award for the taking of all or part of the Premises caused by under the power of eminent domain, including payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power. shall be the property of Lessor, Landlord, whether such award shall be made as compensation for diminution in of value of the leasehold, leasehold or for the value taking of the part taken, fee or for as severance damages; provided, however, provided that Lessee Tenant shall be entitled to any compensation paid by the condemnor award for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation. Tenant's trade fixtures and removable personal property. View More

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "Condemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If (a) more than 10% of the rentable floor area of the Premises, Unit, or more than 25% of the parking spaces is taken by Condemnation, (b) in Lessee's Reserved Parking Spaces, if any, judgment, Lessee's use has been materially impaired by any condemnation; provided that Lessee does not thereafter occupy or use the Premises, or (c) 30% or more of Lessee's parking spaces are taken by Condemnation, condemnation, Lessee may, at Lessee's option, to be exercised in writing within 10 30 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within 10 1030 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. possession; provided, however, if Lessor is able to provide reasonable alternative parking within 30 days of receipt of Lessee's termination notice with respect to a termination under subsection (c) hereinabove, Lessee shall have no right to terminate this Lease pursuant to such subsection (c), and this Lease shall continue in full force and effect, unless otherwise terminated by Lessee in accordance with the terms of this Paragraph 14. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill goodwill, and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation. View More

Condemnation. A (a) If the whole or any substantial part of the premises Premises should be taken for any public or quasi-public use under governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in lieu thereof and the taking would prevent or materially interfere with the use of the premises for the purpose for which they are then being used, thereof, this lease Lease shall terminate and the rent shall be abated during the unexpired portion of this lease, Lease,... effective when the physical taking of said premises Premises shall occur. B. 5 (b) If less than a substantial part of the premises Premises shall be taken for any public or quasi-public use under any governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in lieu thereof, and this lease is not terminated as provided in the subparagraph above, this lease Lease shall not terminate terminate, but the rent payable hereunder during the unexpired portion of this lease Lease shall be reduced to such extent as may be fair and reasonable under all of the circumstances and Landlord shall undertake to restore the premises to a condition suitable for Tenant's use, as near to the condition thereof immediately prior to such taking as is reasonably feasible under all the circumstances. C. (c) In the event of any such taking or private purchase in lieu thereof, Landlord and Tenant shall each be entitled to receive and retain such separate awards and/or portion of lump sum awards as may be allocated to their respective interests in any condemnation proceedings; provided that Tenant shall not be entitled to receive any award for Tenant's loss of its leasehold interest, the right to such award being hereby assigned by Tenant to Landlord. proceedings. View More

Condemnation. A If A.If 80% or more of the gross square footage of the Building should be taken for public or quasi-public use under governmental law, ordinance or regulation by right of eminent domain, or by private purchase in lieu thereof, Landlord or Tenant shall have the right to terminate this Lease by providing written notice to the other not more than sixty (60) days after the taking and the rent shall be abated effective on the effective date of such termination. Additionally, if the whole or any... substantial part of the premises Premises should be taken for any public or quasi-public quasi- public use under governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in lieu thereof and the taking would prevent or materially interfere with the use of the premises Premises for the purpose for which they that are then being used, used in the reasonable discretion of Tenant and Landlord acting in good faith, this lease Lease shall terminate and the rent shall be abated during the unexpired portion of this lease, Lease, effective when on the date of the physical taking of said premises shall occur. B. If the Premises. B.If part of the premises Premises shall be taken for any public or quasi-public use under any governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in lieu thereof, and this lease Lease is not terminated as provided in the subparagraph above, Paragraph 18.A., this lease Lease shall not terminate but the rent payable hereunder during the unexpired portion of this lease Lease shall be reduced to such extent as may be fair and reasonable under all of the circumstances (including a reduction of Base Rent) and following receipt of the condemnation award Landlord shall undertake to restore the premises Premises to a condition suitable for Tenant's use, as near as reasonably possible to the condition thereof immediately prior to such the taking as is reasonably feasible under (subject to the amount of the award). C.As between the parties, upon the occurrence of a taking of the Premises, all of the circumstances. C. In damages, award or compensation for the event of any such taking or private purchase in lieu thereof, Landlord and Premises shall belong to Landlord. Tenant shall each be entitled have the right to receive claim and retain recover from the taking authority such separate awards and/or portion of lump sum awards compensation as may be allocated to their respective interests awarded or recoverable by Tenant in Tenant's own right for or on account of damages to, or of cost or expense which Tenant would incur in removing any condemnation proceedings; of Tenant's property, as compensation for any of Tenant's property which is taken, the cost of relocation of Tenant's business, and the value of this Lease provided that Tenant in no event shall not be entitled to receive any Tenant's award for Tenant's loss of its leasehold interest, the right to such award being hereby assigned by Tenant to Landlord. diminish, reduce, decrease or otherwise affect Landlord's award. View More

Condemnation. A A. If 80% or more of the gross square footage of the building in which the Premises are located should be taken for public or quasi-public use under governmental law, ordinance or regulation by right of eminent domain, or by private purchase in lieu thereof, Landlord shall have the right to terminate this Lease and the rent shall be abated effective on the date of Landlord's election to so terminate. Additionally, if the whole or any substantial part of the premises Premises should be taken... for any public or quasi-public use under governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in lieu thereof and the taking would prevent or materially interfere with the use of the premises Premises for the purpose for which they that are then being used, this lease Lease shall terminate and the rent shall be abated during the unexpired portion of this lease, Lease, effective when on the date of the physical taking of said premises shall occur. the Premises. B. If part of the premises Premises shall be taken for any public or quasi-public use under any governmental law, ordinance or regulation, or by right of eminent domain, or by private purchase in lieu thereof, and this lease Lease is not terminated as provided in the subparagraph above, 18A., this lease Lease shall not terminate but the rent payable hereunder during the unexpired portion of this lease Lease shall be reduced to such extent as may be fair and reasonable under all of the circumstances and Landlord shall undertake to restore the premises to a condition suitable for Tenant's use, as near to the condition thereof immediately prior to such taking as is reasonably feasible under all the circumstances. C. In the event of any such taking or private purchase in lieu thereof, Landlord and Tenant shall each be entitled to receive and retain such separate awards and/or portion of lump sum awards as may be allocated to their respective interests in any condemnation proceedings; provided that Tenant shall not be entitled to receive any award for Tenant's loss of its leasehold interest, the right to such award being hereby assigned by Tenant to Landlord. proceedings. View More

Condemnation. If the whole or any part of the Premises Premises, Building or Project shall be taken by power of eminent domain or condemned by any competent authority for any public or 39 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 use, reconstruction or reconstruction remodeling of any part of the Premises, Building or Project, or if Landlord shall grant a deed or other... instrument in lieu of such taking by eminent domain or condemnation, Landlord shall have the option to terminate this Lease effective as of the date possession is required to be surrendered to the authority. Tenant shall not because of such taking assert any claim against Landlord or the authority for any compensation because of such taking and Landlord shall be entitled to the entire award or payment in connection therewith, except that Tenant shall have the right to file any separate claim available to Tenant for any taking of Tenant's personal property and fixtures belonging to Tenant and removable by Tenant upon expiration of the Lease Term pursuant to the terms of this Lease, and for moving expenses, for the unamortized value of any improvements paid for by Tenant and for the Lease "bonus value", so long as such claims are do not diminish the award available to Landlord, its ground lessor with respect to the Building or Project or its mortgagee, and such claim is payable separately to Tenant. All Rent shall be apportioned as of the date of such termination. If any part of the Premises shall be taken, and this Lease shall not be so terminated, the Rent shall be proportionately abated. Tenant hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of The California Code of Civil Procedure. Notwithstanding anything to the contrary contained in this Article 13, in the event of a temporary taking of all or any portion of the Premises for a period of one hundred and eighty (180) days or less, then this Lease shall not terminate but the Base Rent and the Additional Rent shall be abated for the period of such taking in proportion to the ratio that the amount of rentable square feet of the Premises taken bears to the total rentable square feet of the Premises. Landlord shall be entitled to receive the entire award made in connection with any such temporary taking. View More

Condemnation. If the whole or any part of the Premises Premises, Building 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 use, reconstruction or reconstruction remodeling of any part of the Premises, Building or Project, or if Landlord shall grant a deed or other... instrument in lieu of such taking by eminent domain or condemnation, Landlord shall have the option to terminate this Lease effective as of the date possession is required to be surrendered to the authority. Tenant shall not because of such taking assert any claim against Landlord or the authority for any compensation because of such taking and Landlord shall be entitled to the entire award or payment in connection therewith, except that Tenant shall have the right to file any separate claim available to Tenant for any taking of Tenant's personal property and fixtures belonging to Tenant and removable by Tenant upon expiration of the Lease Term pursuant to the terms of this Lease, for moving expenses, for the unamortized value of any improvements paid for by Tenant and for the Lease "bonus value", so long as such claims are payable separately to Tenant. therewith. All Rent shall be apportioned as of the date of such termination. If any part of the Premises shall be taken, and this Lease shall not be so terminated, the Rent shall be proportionately abated. Tenant hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of The California Code of Civil Procedure. Notwithstanding anything to the contrary contained in this Article 13, in the event of a temporary taking of all or any portion of the Premises for a period of one hundred and eighty (180) days or less, then this Lease shall not terminate but the Base Rent and the Additional Rent shall be abated for the period of such taking in proportion to the ratio that the amount of rentable square feet of the Premises taken bears to the total rentable square feet of the Premises. Landlord shall be entitled to receive the entire award made in connection with any such temporary taking. View More

Condemnation. If the whole or any part of the Premises Premises, Building 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 use, reconstruction or reconstruction remodeling of any part of the Premises, Building or Project, or if Landlord shall grant a deed or other... instrument in lieu of such taking by eminent domain or condemnation, Landlord shall have the option to terminate this Lease effective as of the date possession is required to be surrendered to the authority. Tenant shall not because of such taking assert any claim against Landlord or the authority for any compensation because of such taking and Landlord shall be entitled to the entire award or payment in connection therewith, except that Tenant shall have the right to file any separate claim available to Tenant for any taking of Tenant's personal property and fixtures belonging to Tenant and removable by Tenant upon expiration of the Lease Term pursuant to the terms of this Lease, and for moving expenses, for the unamortized value of any improvements paid for by Tenant and for the Lease "bonus value", so long as such claims are do not diminish the award available to Landlord, its ground lessor with respect to the Building or Project or its Mortgagee (hereinafter defined), and such claim is payable separately to Tenant. All Rent shall be apportioned as of the date of such termination. If any part of the Premises shall be taken, and this Lease shall not be so terminated, the Rent shall be proportionately abated. Tenant hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of The California Code of Civil Procedure. Notwithstanding anything to the contrary contained in this Article 13, in the event of a temporary taking of all or any portion of the Premises for a period of one hundred and eighty (180) days or less, then this Lease shall not terminate but the Base Rent and the Additional Rent shall be abated for the period of such taking in proportion to the ratio that the amount of rentable square feet of the Premises taken bears to the total rentable square feet of the Premises. Landlord shall be entitled to receive the entire award made in connection with any such temporary taking. Notwithstanding any contrary provision of this Lease, the following governmental actions shall not constitute a taking or condemnation, either permanent or temporary: (i) an action that requires Tenant's business or the Building or Project to close during the Lease Term, and (ii) an action taken for the purpose of protecting public safety (e.g., to protect against acts of war, the spread of communicable diseases, or an infestation), and no such governmental actions shall entitle Tenant to any compensation from Landlord or any authority, or Rent abatement or any other remedy under this Lease. View More

Condemnation. If (a) all of the Premises are Taken, (b) any part of the Premises is Taken and the remainder is insufficient in Landlord's reasonable opinion for the reasonable operation of Tenant's business, or (c) any of the Property is Taken, and, in Landlord's opinion, (i) the Taking would have a material adverse effect on the value of the Property or on the expenses of the Property, or (ii) it would be impractical or the condemnation proceeds are insufficient to restore the remainder, or if any Mortgagee... shall not permit the application of the condemnation proceeds necessary for repair or restoration, then this Lease shall terminate as of the date the condemning authority takes possession. Landlord's obligation to restore the Premises after a condemnation shall be subject to the consent and rights of any Mortgagee under its Mortgage and related loan documents. If this Lease is not terminated, Landlord shall restore the Building to a condition as near as reasonably possible to the condition prior to the Taking, the Base Minimum Annual Rent shall be abated for the period of time all or a part of the Premises is untenantable in proportion to the square foot area untenantable, and this Lease shall be amended appropriately. The compensation awarded for a Taking shall belong to Landlord. Except for any relocation benefits to which Tenant may be entitled or the value assigned to Tenant's personal property so Taken, entitled, Tenant hereby assigns all claims against the condemning authority to Landlord, including, but not limited to, any claim relating to Tenant's leasehold estate. View More

Condemnation. If (a) all of the Premises are Taken, (b) any part of the Premises is Taken and the remainder is insufficient in Landlord's reasonable opinion for the reasonable operation of Tenant's business, or (c) any of the Property is Taken, and, in Landlord's opinion, (i) the Taking would have a material adverse effect on the value of the Property or on the expenses of the Property, or (ii) it would be impractical or the condemnation proceeds are insufficient to restore the remainder, or if any Mortgagee... shall not permit the application of the condemnation proceeds necessary for repair or restoration, then this Lease shall terminate as of the date the condemning authority takes possession. Landlord's obligation to restore the Premises after a condemnation shall be subject to the consent and rights of any Mortgagee under its Mortgage and related loan documents. If this Lease is not terminated, Landlord shall restore the Building to a condition as near as reasonably possible to the condition prior to the Taking, the Base Rent shall be abated for the period of time all or a part of the Premises is untenantable in proportion to the square foot area untenantable, and this Lease shall be amended appropriately. The compensation awarded for a Taking shall belong to Landlord. Except for any relocation benefits to which Tenant may be entitled or the value assigned to Tenant's personal property so Taken, Tenant hereby assigns all claims against the condemning authority to Landlord, including, but not limited to, any claim relating to Tenant's leasehold estate. 10 17. Quiet Enjoyment. Landlord covenants that Tenant, provided no Event of Default is ongoing hereunder, shall have quiet and peaceful possession of the Premises as against anyone claiming by or through Landlord, subject, however, to the terms of this Lease, matters of public record and any mortgage to which this Lease shall be subordinate. Landlord represents and warrants to Tenant that (a) it has the full right and power to execute and perform this Lease and to grant and convey the estate demised herein, (b) it owns the Building and the Property and (c) the Building is not located on a tax parcel with any other building. View More

Condemnation. If (a) all of the Premises are Taken, (b) any part of the Premises is Taken and the parties mutually agree that the remainder is insufficient in Landlord's reasonable opinion for the reasonable operation of Tenant's business, or (c) any of the Property is Taken, and, in Landlord's opinion, (i) the Taking would have a material adverse effect on the value of the Property or on the expenses of the Property, or (ii) it would be impractical or the condemnation proceeds are insufficient to restore... the remainder, or if any Mortgagee shall not permit the application of the condemnation proceeds necessary for repair or restoration, then this Lease shall terminate as of the date the condemning authority takes possession. Landlord's obligation to restore the Premises after a condemnation shall be subject to the consent and rights of any Mortgagee under its Mortgage and related loan documents. If this Lease is not terminated, Landlord shall restore the Building to a condition as near as reasonably possible to the condition prior to the Taking, the Base Minimum Annual Rent shall be abated for the period of time all or a part of the Premises is untenantable in proportion to the square foot area untenantable, and this Lease shall be amended appropriately. The compensation awarded for a Taking shall belong to Landlord. Except for any relocation benefits to which Tenant may be entitled or the value assigned to Tenant's personal property so Taken, entitled, Tenant hereby assigns all claims against the condemning authority to Landlord, including, but not limited to, any claim relating to Tenant's leasehold estate. View More

Condemnation. If all or substantially all of the Premises, or such portion of the Premises as would render, in Landlord's reasonable judgment, the continuance of Tenant's business from the Premises impracticable, shall be permanently taken or condemned for any public purpose, then Landlord or Tenant may terminate this Lease. If less than all or substantially all of the Premises shall be taken, then Landlord shall have the option of terminating this Lease by written notice to Tenant within ten (10) days... following the date of such condemnation or taking. If this Lease is terminated as provided above, this Lease shall cease and expire as of the date of the taking. In the event that this Lease is not terminated and a portion of the Premises is taken, Tenant shall pay the Base Rental and Additional Rental up to the date of the taking, and this Lease shall thereupon cease and terminate with respect to the portion of the Premises so taken. Thereafter the Base Rental and Additional Rental shall be adjusted on an equitable basis. If this Lease is not terminated, Landlord shall promptly repair the Premises' building to an architectural unit, fit for Tenant's occupancy and business; provided, however, that Landlord's obligation to repair hereunder shall be limited to the extent of the net proceeds from such taking made available to Landlord for such repair. However, in the event such proceeds are not sufficient to restore the Premises to a condition reasonably suitable for the operation of Tenant's business, Tenant may terminate this Lease, at the time Landlord notifies Tenant of the extent to which the Premises will be restored. In the event of any temporary taking or condemnation for any public purpose of the Premises or any portion thereof, this Lease shall continue in full force and effect except that Base Rental and Additional Rental shall be adjusted on an equitable basis for the period of such taking, and Landlord shall be under no obligation to make any repairs or alterations. In the event of any taking of the Premises, Tenant hereby assigns to Landlord the value of all or any portion of the unexpired term of the Lease and all leasehold improvements, and Tenant shall not assert a claim for a condemnation award therefor; provided, however, Tenant may pursue a separate award from the condemning authority for (a) relocation and moving expenses, and (b) compensation for loss of Tenant's business. 8 17. Fire or Casualty. If the building or any improvement on the Premises shall be damaged in any way, in whole or in part, or rendered untenantable by fire or other casualty, Tenant shall restore the building to its original condition. Rent shall not abate or be reduced following any casualty loss or during any period of restoration. It shall be Tenant's responsibility to obtain business interruption insurance coverage to insure against any loss Tenant may suffer as a result of any casualty damage to the Premises as well as Tenant's inability to use all or any part of the Premises as a result of such casualty. View More

Condemnation. (a) Each of Landlord and Tenant, promptly upon obtaining knowledge of the institution of any proceeding for Condemnation, shall notify Landlord the other party thereof and each of Landlord and Tenant shall be entitled entitled, at its sole cost and expense, to participate in any Condemnation proceeding. Landlord, promptly after obtaining knowledge of the institution of any proceeding for Condemnation, shall notify Tenant thereof and Tenant shall have the right to participate in such... proceedings. Subject to the provisions of this Paragraph Section 13 and Paragraph Section 15, Tenant hereby irrevocably assigns to Landlord any award or payment in respect of any Condemnation of Landlord's interest in the Leased Premises, Premises or any part thereof, except that (except as hereinafter provided) nothing in this Lease shall be deemed to assign to Landlord any award relating to the value of the leasehold interest created by this Lease or any award or payment on account of the Trade Fixtures, moving expenses and out-of-pocket expenses incidental to the move, if available, Tenant's Award to the extent Tenant shall have a right to make a separate claim therefor against the condemnor, it being agreed, however, that Tenant shall in no event be entitled to any payment that reduces the award to which Landlord is or would be entitled for the Condemnation condemnation of Landlord's interest in the Leased Premises. (b) If (I) the entire Leased Premises, (II) a material portion of the Land or the Improvements or any means of ingress, egress or access to the Leased Premises, the loss of which even after restoration would, in Tenant's reasonable business judgment, be substantially and materially adverse to the business operations of Tenant at the Leased Premises, or (III) any means of ingress, egress or access to the Leased Premises which does not result in at least one method of ingress and egress to and from the Leased Premises remaining that is sufficient for Tenant's use thereof and that meets all existing Legal Requirements, as determined by Tenant in its reasonable discretion, shall be the subject of a Taking by a duly constituted authority or agency having jurisdiction, then Tenant may, not later than thirty (30) ninety (90) days after such Taking has occurred, serve a Tenant's Termination Notice upon Landlord. A-13 (i) In the event that during the Term, Tenant shall serve a Tenant's Termination Notice upon Landlord, in which case this Lease and the Term hereof shall terminate on the date specified in the applicable Termination Notice (the "Termination Date"); Date and in such event Landlord shall be entitled to receive and retain the entire award to the made in the Condemnation proceeding (except as provided in Paragraph 13(a) above) shall be paid to Landlord. Net Award. (c) (i) In the event of a Condemnation of any part of the Leased Premises which does not result in a termination of this Lease, subject to the requirements of Paragraph 15, promptly after the Net Award of with respect to such Condemnation shall be retained has been paid by Landlord; the related authority to the Trustee, Tenant, to the extent Restoration of the Leased Premises is practicable and promptly after such Condemnation, Tenant subject to Section 13(c)(ii)and Section 15, shall commence and diligently continue to completion the Restoration of the Leased Premises. (i) such Restoration. (ii) Upon the payment Landlord to the Trustee of the Net Award of a Taking which falls within the provisions of this Paragraph Section 13(c), Landlord the Trustee shall, to the extent received, make the Restoration Net Award available to Tenant for Restoration, Restoration in accordance with the provisions of Paragraph 15, Section 15. The proceeds remaining after the completion of, and promptly after completion of payment for, the Restoration, the balance of the Net Award if any, shall be paid to retained by Landlord. All In the event of any such partial Condemnation, all Basic Rent, Rent and Additional Rent and other sums payable hereunder shall continue unabated and unreduced. (ii) (iii) In the event of a Requisition of the Leased Premises, Premises Landlord shall apply the Net Award of such Requisition, to the extent available, Requisition received by Landlord to the installments of Basic Rent, Rent or Additional Rent or other sums payable by Tenant hereunder thereafter payable and Tenant shall pay any balance remaining thereafter. Upon the expiration of the Term, any portion of such Net Award which shall not have been previously credited to Tenant on account of the Basic Rent and Additional Rent shall be retained by Landlord. (d) Except with respect to an award or payment to which Tenant is entitled pursuant to the provisions of Paragraph 13(a), 13(b) and 13(c), no No agreement with any condemnor in settlement of or under threat of any Condemnation shall be made by either Landlord or Tenant (provided no Event of Default then exists and is continuing) without the written consent of the other. other, and of the Lenders, if the Leased Premises are then subject to a Mortgage, which consent shall not be unreasonably withheld, provided that if an Event of Default has occurred and is then continuing or Tenant has served a Tenant's Termination Notice, then Tenant's consent shall not be required. View More

Condemnation. (a) Tenant, promptly upon obtaining knowledge of the institution of any proceeding for Condemnation, shall notify Landlord thereof and Landlord shall be entitled to participate in any Condemnation proceeding. Landlord, promptly after obtaining knowledge of the institution of any proceeding for Condemnation, shall notify Tenant thereof and Tenant shall have the right to participate in such proceedings. Subject With respect to each Individual Leased Premises, subject to the provisions of this... Paragraph 13 and Paragraph 15, Tenant hereby irrevocably assigns to Landlord Lender or to Landlord, in that order, any award or payment in respect of any Condemnation of Landlord's interest in the such Individual Leased Premises, except that (except as hereinafter provided) nothing in this Lease shall be deemed to assign to Landlord or Lender any award relating to the value of the leasehold interest created by this Lease or any award or payment on account of the Trade Fixtures, moving expenses and out-of-pocket expenses incidental to the move, if available, to the extent Tenant shall have a right to make a separate claim therefor against the condemnor, it being agreed, however, that Tenant shall in no event be entitled to any payment that reduces the award to which Landlord is or would be entitled for the Condemnation of Landlord's interest in the such Individual Leased Premises. (b) If (i) With respect to each Individual Leased Premises, if (I) the entire Individual Leased Premises, (II) a material portion of the Land or the building constructed on the Land or any means of ingress, egress or access to such Individual Leased Premises, the loss of which even after restoration would, in Tenant's reasonable business judgment, be substantially 13 and materially adverse to the business operations of Tenant at such Individual Leased Premises, or (III) any means of ingress, egress or access to such Individual Leased Premises which does not result in at least one method of ingress and egress to and from such Individual Leased Premises remaining, provided the same is permitted under then existing Legal Requirements, shall be the subject of a Taking by a duly constituted authority or agency having jurisdiction, then Tenant may, not later than thirty (30) days after such Taking has occurred, serve a Tenant's Termination Notice with respect to such Individual Leased Premises upon Landlord. A-13 (i) (ii) In the event that during the Term, Tenant shall serve a Tenant's Termination Notice upon Landlord, this Lease and the Term hereof shall terminate on the date Termination Date specified in the Termination Notice (the "Termination Date"); Notice; and in such event the entire award to the made in the Condemnation proceeding (except as provided in Paragraph 13(a) above) shall be paid to Landlord. Lender or to Landlord, in that order. (c) (i) In the event of a Condemnation of any part of the an Individual Leased Premises which does not result in a termination of this Lease, Lease with respect to such Individual Leased Premises, subject to the requirements of Paragraph 15, the Net Award of such Condemnation shall be retained by Landlord; and promptly after such Condemnation, Tenant shall commence and diligently continue to completion the Restoration of the such Individual Leased Premises. (i) (ii) Upon the payment to Lender or Landlord (in that order, as applicable) of the Net Award of a Taking which falls within the provisions of this Paragraph 13(c), Landlord and Lender shall, to the extent received, make the Restoration Award available to Tenant for Restoration, in accordance with the provisions of Paragraph 15, and promptly after completion of the Restoration, the balance of the Net Award shall be paid to Landlord. Landlord or Lender, as applicable. All Basic Rent, Additional Rent and other sums payable hereunder shall continue unabated and unreduced. (ii) (iii) In the event of a Requisition of the an Individual Leased Premises, Landlord shall apply the Net Award of such Requisition, to the extent available, to the installments of Basic Rent, Additional Rent or other sums payable by Tenant hereunder thereafter payable and Tenant shall pay any balance remaining thereafter. Upon the expiration of the Term, any portion of such Net Award which shall not have been previously credited to Tenant on account of the Basic Rent and Additional Rent shall be retained by Landlord. (d) Except with respect to an award or payment to which Tenant is entitled pursuant to the provisions of Paragraph 13(a), 13(b) and 13(c), no agreement with any condemnor in settlement of or under threat of any Condemnation shall be made by either Landlord or Tenant (provided no Event of Default then exists and is continuing) without the written consent of the other. other, and of Lender, if such Individual Leased Premises are then subject to a Mortgage. View More

Condemnation. "Taking" means the acquiring of all or part of the Project for any public or quasi-public use by exercise of a right of eminent domain or under any other law, or any sale in lieu thereof. If a Taking occurs: (a) The Lease will terminate as of the date Total Taking. If because of a Taking if substantially all of the Premises becomes is untenantable for substantially all of the remaining Term because Term, then the Lease terminates on the date of the Taking. 14 (b) Partial Taking. If a Taking... does not cause the Lease is not to be terminated under Section 12.1(a), (a), then Landlord shall will restore or alter (and alter, as necessary) the Premises after the Taking to be tenantable, unless the Lease is terminated by either Landlord reasonably determines that it will be uneconomical to do so, in which case or Tenant under the following circumstances: (1) Landlord may terminate the Lease upon sixty (60) 60 days prior written notice to Tenant. Tenant if Landlord reasonably determines that it is uneconomical to restore or alter the Premises to be tenantable. (2) Tenant may terminate the Lease upon 60 days prior written notice to Landlord if the Taking causes more than 20% of the Premises to be Untenantable for the remainder of the Term and Tenant cannot reasonably operate Tenant business for the Use in the remaining Premises. (c) If the Lease is not terminated under Section 12.1(a), more than twenty percent (20%) of the Premises is untenantable because of the Taking, and Tenant cannot operate Tenant's business for the Use in the Premises after such Taking, then Tenant may terminate the Lease upon sixty (60) days prior written notice to Landlord. (d) If the Lease is not terminated under Section 12.1(a), (b) (a) or (c), (b), the Rent payable by Tenant will be reduced for the term of the Taking based upon the rentable area of the RSF Premises made untenantable rendered Untenantable by the Taking. Taking and that Tenant does not actually use. 12.2 Awards. Landlord is entitled to the entire award for any claim for a Taking taking of any interest in this Lease or the Project, without deduction or offset for Tenant's estate or interest; however, Tenant may make a claim for relocation expenses and damages to Tenant's Personal Property and business to the extent that Tenant's claim does not reduce Landlord's award. View More

Condemnation. "Taking" means the acquiring of all or part of the Project for any public or quasi-public use by exercise of a right of eminent domain or under any other law, or any sale in lieu thereof. If a Taking occurs: (a) The Lease will terminate as of the date of a Taking if substantially all of the Premises becomes untenantable for substantially all of the remaining Term because of the Taking. (b) If the Lease is not terminated under Section 12.1(a), §12.1(a), Landlord shall restore or alter the... Premises after the Taking to be tenantable, unless Landlord reasonably determines that it will be uneconomical to do so, in which case Landlord may terminate the Lease upon sixty (60) days prior written notice to Tenant. (c) If the Lease is not terminated under Section 12.1(a), §12.1(a), more than twenty percent (20%) of the Premises is untenantable because of the Taking, and Tenant cannot operate Tenant's business for the Use in the Premises after such Taking, and Landlord is unable to provide Tenant with comparable premises in the Project, then Tenant may terminate the Lease upon sixty (60) days prior written notice to Landlord. 33 (d) If the Lease is not terminated under Section 12.1(a), §12.1(a), (b) or (c), the Rent payable by Tenant will be reduced for the term of the Taking based upon the rentable area of the Premises made untenantable by the Taking. 12.2 Awards. Landlord is entitled to the entire award for any claim for a Taking of any interest in this Lease or the Project, without deduction or offset for Tenant's estate or interest; however, Tenant may make a claim for relocation expenses and damages to Tenant's Personal Property and business to the extent that Tenant's claim does not reduce Landlord's award. 12.3 Exclusive Taking Remedy. The provisions of this Article 12 are Tenant's sole and exclusive rights and remedies in the event of a Taking. To the fullest extent allowable under the law, Tenant waives the benefits of any law (including, without limitation, California Code of Civil Procedure Section 1265.130 and any successor statutes or Laws) that provide Tenant any abatement or termination rights or any right to receive any payment or award (by virtue of a Taking) not specifically described in this Article 12. View More

Condemnation. 13.1 (a) Definitions. The following definitions shall apply: (1) "Condemnation" and/or "Taking" means (a) the exercise of any governmental power of eminent domain, whether by legal proceedings or otherwise by condemnor, or (b) the voluntary sale or transfer by Landlord to any condemnor either under threat of condemnation or while legal proceedings for condemnation are proceeding; (2) "Date of Taking" means the date the condemnor has the right to possession of the property being condemned; (3)... "Award" shall mean means all compensation, sums, sums or anything of value awarded, paid or received on a total or partial Condemnation. (b) "Condemnation" shall mean (i) a permanent taking (or a temporary taking for a period extending beyond the end of the Term) pursuant to the exercise of the power of condemnation or eminent domain by condemnation; and (4) "Condemnor" means any public or quasi-public authority, or private corporation or individual individual, having such a power ("Condemnor"), whether of condemnation. (b) Obligations to be Governed by legal proceedings Lease. If during the Term of this Lease there is any Taking of all or otherwise, or (ii) a voluntary sale or transfer by Landlord to any such authority, either under threat of condemnation or while legal proceedings for condemnation are pending. (c) "Date of Condemnation" shall mean the earlier part of the date that title to Premises, the property taken is vested in the Condemnor or the date the Condemnor has the right to possession rights and obligations of the property being condemned. 13.2 Effect on parties shall be determined pursuant to this Lease. (a) (c) Total or Partial Taking. If the Premises are totally is taken in its entirety by Condemnation, condemnation, this Lease shall terminate as on the date of the Date of Condemnation. Taking. If a any portion but not all of the Premises is taken by Condemnation, condemnation, this Lease shall remain in effect; provided, however, effect, except that Tenant may elect to terminate this Lease if the remaining portion of the Premises remaining after the Condemnation will be is rendered unsuitable for Tenant's continued use, then upon use of the Premises, as determined by Landlord and Tenant in their reasonable discretion. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after Landlord notifies Tenant receipt of notice of the Condemnation, Taking from Landlord. If Tenant may terminate this Lease effective as of the Date of Condemnation. (b) If fifteen percent (15%) or more of the Property or of the parcel{s) of land on which the Building is situated or of the Parking Facility or of the floor area in the Building is taken by Condemnation, or if as a result of any Condemnation the Building is no longer reasonably suitable for use as an office building, whether or not any portion of the Premises is taken, Landlord or Tenant may elect elects to terminate this Lease, effective as Tenant shall also notify Landlord of the Date date of Condemnation, by notice to Tenant within termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after the Date Tenant has notified Landlord of Condemnation. (c) If all or a portion of the Premises is temporarily taken by a Condemnor for a period not extending beyond the end of the Term, its election to terminate; except that this Lease shall remain in full force and effect. 13.3 Restoration. If this Lease is not terminated terminate on the -26- date of Taking if the date of Taking falls on a date before the date of termination as provided in Section 13.2 - Effect on Lease, Landlord, at its expense, shall diligently proceed to repair and restore the Premises to substantially its former condition (to the extent permitted designated by then applicable Laws) and/or repair and restore the Building to an architecturally complete office building; provided, however, that Landlord's obligations to so repair and restore shall be limited to the amount of any Award received by Landlord and not required to be paid to any Mortgagee (as defined in Section 20.2 below). In no event shall Landlord have any obligation to repair or replace any improvements in the Premises beyond the amount of any Award received by Landlord for such repair or to repair or replace any of Tenant's personal property, Trade Fixtures, or Alterations. 13.4 Abatement and Reduction of Rent. Tenant. If any portion of the Premises is taken in a Condemnation or is rendered permanently untenantable by repairs necessitated by the Condemnation, condemnation and this Lease is not terminated, remains in full force and effect, on the Base Rent and Additional Rent payable under this Lease date of taking the rent shall be proportionally reduced by an amount in the same ratio as the total number of square feet in the portion of the Date Premises taken bears to the total number of Condemnation based upon the percentage of rentable square feet in the Premises so immediately before the Date of Taking. In the case where a portion of the Premises is taken or rendered permanently untenantable. In addition, if this and the Lease remains in effect following a Condemnation full force and effect, Landlord proceeds to repair shall, at its own cost and restore the Premises, the Base Rent and Additional Rent payable under this Lease shall be abated during the period of such repair or restoration expense, to the extent of condemnation proceeds, make all alterations or repairs to the Building so as to make the portion of the Building not taken a complete architectural unit. Such work shall not, however, exceed the scope of work done by Landlord in originally constructing the Building. If severance damages from the condemnor are not available to Landlord in sufficient amounts to permit such repairs prevent restoration, Landlord may terminate this Lease upon written notice to Tenant. Rent due and payable hereunder shall be temporarily abated during such restoration period in proportion to the extent to which there is interference with Tenant's use of the Premises. 13.5 Awards. Any Award made shall be paid to Landlord, and Tenant hereby assigns to Landlord, and waives all interest in or claim to, any such Award, including any claim for the value of the unexpired Term; provided, however, that Tenant shall be entitled to receive, or to prosecute a separate claim for, an Award for a temporary taking of the Premises or a portion thereof Premises, as reasonably determined by a Condemnor where this Lease is not terminated (to the extent such Award relates to the unexpired Term), or an Award or portion thereof separately designated for relocation expenses or the interruption of or damage to Tenant's business or as compensation for Tenant's personal property. Trade Fixtures or Alterations, provided that in no event will any Award to Tenant reduce any Award to which Landlord would otherwise be entitled. 13.6 Waiver. Landlord and Tenant each Tenant. Each party hereby waive waives the provisions of Section 1265.130 of the California Code of Civil Procedure Section 1265.130 and any other applicable existing present or future Law law allowing either party to petition for a termination of the Superior Court to terminate this Lease upon in the event of a partial taking of the Building or Premises. If the Premises anchor are totally or partially taken by condemnation, Tenant shall not assert any claim against Landlord or the Property. condemnor for any compensation because of such Taking, and Landlord shall be entitled to receive the entire amount of the award without any deduction for any estate or interest of Tenant; provided, however, Tenant shall have the right to file a separate claim against the condemnor (but not Landlord) and receive a condemnation award so long as Tenant's claim and/or award does not affect Landlord's claim or award. View More

Condemnation. 13.1 a. Definitions. The following definitions shall apply. (1) "Condemnation" means (a) the exercise of any governmental power of eminent domain, whether by legal proceedings or otherwise by a Condemnor, and (b) the voluntary sale or transfer by Landlord to any condemnor either under threat of condemnation or while legal proceedings for condemnation are pending; (2) "Date of Taking" means the date the condemnor has the right to possession of the property being condemned; (3) "Award" shall mean... means all compensation, sums, sums or anything of value awarded, paid or received on a total or partial Condemnation. (b) "Condemnation" shall mean (i) a permanent taking (or a temporary taking for a period extending beyond the end of the Term) pursuant to the exercise of the power of condemnation or eminent domain by Condemnation; and (4) "Condemnor" means any public or quasi-public authority, or private corporation or individual individual, having such a power ("Condemnor"), whether by legal proceedings of Condemnation. b. Total or otherwise, or (ii) a voluntary sale or transfer by Landlord to any such authority, either under threat of condemnation or while legal proceedings for condemnation are pending. (c) "Date of Condemnation" shall mean Partial Taking. If during the earlier term of the date that title to Lease there is any taking of all or any part of the property taken is vested in the Condemnor Premises, Phase or the date Project, the Condemnor has the right to possession rights and obligations of the property being condemned. 13.2 Effect on parties shall be determined pursuant to this Lease. (a) If the Premises are arc totally taken by Condemnation, this Lease shall terminate as of on the Date of Condemnation. Taking. If a any portion but not all of the Premises or Phase is taken by Condemnation, this Lease shall remain in effect; provided, however, that if terminate as to the portion of the Premises remaining after the Condemnation will be unsuitable for Tenant's continued use, then upon notice to Landlord within thirty (30) days after Landlord notifies Tenant of the Condemnation, Tenant may terminate this Lease effective part so taken as of the Date of Condemnation. (b) If fifteen percent (15%) or more of the Property or of the parcel{s) of land on which the Building is situated or of the Parking Facility or of the floor area Taking, but shall in the Building is taken by Condemnation, or if as a result of any Condemnation the Building is no longer reasonably suitable for use as an office building, whether or not any all other respects remain in effect, except that Tenant can elect to terminate this Lease lithe remaining portion of the Premises or Phase is taken, Landlord rendered unsuitable to any material extent for Tenant's intended use of the Premises or Phase. If Tenant may elect elects to terminate this Lease, effective as Tenant must exercise its right to terminate by giving notice to Landlord within 30 days after the nature and extent of the Condemnation have been filially determined and written notice thereof is provided to Tenant. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than 30 days nor later than 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Condemnation, by notice to Tenant within thirty (30) days after Taking if the Date of Condemnation. (c) Taking falls on a date before the date of termination as designed by Tenant. If all or a any portion of of' the Premises or Phase is temporarily taken by a Condemnor for a period not extending beyond the end of the Term, Condemnation and this Lease shall remain remains in full force and effect. 13.3 Restoration. If this Lease is not terminated as provided in Section 13.2 - Effect effect, on Lease, Landlord, at its expense, shall diligently proceed to repair and restore the Premises to substantially its former condition (to the extent permitted by then applicable Laws) and/or repair and restore the Building to an architecturally complete office building; provided, however, that Landlord's obligations to so repair and restore shall be limited to the amount of any Award received by Landlord and not required to be paid to any Mortgagee (as defined in Section 20.2 below). In no event shall Landlord have any obligation to repair or replace any improvements in the Premises beyond the amount of any Award received by Landlord for such repair or to repair or replace any of Tenant's personal property, Trade Fixtures, or Alterations. 13.4 Abatement and Reduction of Rent. If any portion of the Premises is taken in a Condemnation or is rendered permanently untenantable by repairs necessitated by the Condemnation, and this Lease is not terminated, the Base Rent and Additional Rent payable under this Lease shall be proportionally reduced as of the Date of Condemnation based upon Taking the percentage Base Monthly Rent shall be reduced by an amount in the same ratio as the total number of rentable square feet in the Premises so and/or Phase taken bears to the total number of square feet in the Premises and/or Phase, as applicable, immediately before the Date of Taking. c. Landlord's Election. Notwithstanding anything herein to the contrary, if the Project or rendered permanently untenantable. In addition, if this Lease remains in effect following a any portion thereof is taken by Condemnation and Landlord proceeds to repair and restore the Premises, portion taken does not, in Landlord's reasonable judgment, feasibly permit the Base Rent and Additional Rent payable under this Lease shall be abated during the period of such repair or restoration to the extent such repairs prevent Tenant's use continuation of the Premises. 13.5 Awards. Any Award made shall be paid to Landlord, and Tenant hereby assigns to Landlord, and waives all interest in or claim to, any such Award, including any claim for the value of the unexpired Term; provided, however, that Tenant shall be entitled to receive, or to prosecute a separate claim for, an Award for a temporary taking operation of the Premises or a portion thereof by a Condemnor where Landlord in an economically viable fashion, then Landlord shall have the right to terminate this Lease is by written notice given within thirty (30) days following the Date of Taking. d. Award. The entire award shall be payable to and belong to Landlord. Tenant shall have no right to participate in the Condemnation proceedings nor to claim all or any portion of the Award; provided this shall not terminated (to the extent such Award relates limit Tenant's right to the unexpired Term), or an Award or portion thereof separately designated seek and to receive compensation for relocation expenses or the interruption value of its trade fixtures, equipment or damage personal property taken, so 13 long as receipt of such compensation does not decrease the Award otherwise payable to Tenant's business or as compensation for Tenant's personal property. Trade Fixtures or Alterations, provided that in no event will any Award to Tenant reduce any Award to which Landlord would otherwise be entitled. 13.6 Waiver. Landlord and Tenant each hereby waive the provisions of California Code of Civil Procedure Section 1265.130 and any other applicable existing or future Law allowing either party to petition for a termination of this Lease upon a partial taking of the Premises anchor the Property. Landlord. View More