Eminent Domain Clause Example with 6 Variations from Business Contracts
This page contains Eminent Domain clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Eminent Domain. 11.1 Taking. In case the whole of the Premises, or such part thereof as shall substantially interfere with Tenant's use and occupancy thereof, shall be taken by any lawful power or authority by exercise of the right of eminent domain, or sold to prevent such taking, within sixty (60) days of receipt of notice of such taking, either Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to said authority. If such portion of the Building or Pr...oject is so taken or sold so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, or which renders the Building or Project economically unviable for its use as presently intended, or requires cancellation of substantially all tenant leases in the Building, this Lease may be terminated by Landlord, as of the date of the vesting of title under such taking or sale, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which said vesting will occur. Except as provided herein, Tenant shall not because of such taking assert any claim against Landlord or the taking authority for any compensation because of such taking, and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant. In the event, the amount of property or the type of estate taken shall not substantially interfere with Tenant' s use of the Premises, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant. In such event, Landlord shall promptly proceed to restore the Premises to substantially their condition prior to such partial taking, and the rent shall be abated in proportion to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Article 11 shall be deemed to give Landlord any interest in, or prevent Tenant from seeking any award against the taking authority for, the taking of personal property and fixtures belonging to Tenant or for relocation or business interruption expenses recoverable from the taking authority. Nothing in this paragraph shall prohibit Tenant from making a claim on its behalf against any public authority for damages Tenant incurs as a result of a taking or exercise of the right of eminent domain. 11.2 Temporary Taking. If all or any portion of the Premises are condemned or otherwise taken for public or quasi-public use 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 without limitation, the payment of Basic Rent and all other amounts required hereunder. Tenant shall be entitled to receive the entire award made in connection with any other temporary condemnation or other taking attributable to any period within the Term. Landlord shall be entitled to the entire award for any such temporary condemnation or other taking which relates to a period after the expiration of the Term or which is allocable to the cost of restoration of the Premises. If any such temporary condemnation or other taking terminates prior to the expiration of the Term, Tenant shall restore the Premises as nearly as possible to the condition prior to the condemnation or other taking, at Tenant's sole cost and expense; provided 8 that, Tenant shall receive the portion of the award attributable to such restoration.View More
Variations of a "Eminent Domain" Clause from Business Contracts
Eminent Domain. 11.1 19.1 Total or Partial Taking. In case the whole all of the Premises, or such part thereof as shall materially and substantially interfere with Tenant's use and occupancy thereof, ability to conduct its business upon the Premises, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, within sixty (60) days of receipt of notice of such taking, either Tena...nt or Landlord may shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. If such portion of the Building or Project is so taken or sold so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, or which renders the Building or Project economically unviable for its use as presently intended, or requires cancellation of substantially all tenant leases in the Building, this Lease may be terminated by Landlord, as of the date of the vesting of title under such taking or sale, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which said vesting will occur. Except as provided herein, Tenant shall not because of such taking assert any claim against Landlord or the taking authority for any compensation because of such taking, and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant. Tenant; provided, however, in the event of such a taking, Tenant shall be entitled to such portion of the award as shall be attributable to goodwill and for damage to, or the cost of removal of, Tenant's personal property. In the event, the amount of property or the type of estate taken shall event this Lease is not substantially interfere with Tenant' s use of the Premises, terminated following a taking, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant. In such event, Tenant, Landlord shall promptly proceed shall, subject to the terms of any loan agreement with any lender, restore the Premises to substantially their same condition prior to such partial taking, taking to the extent of any award proceeds received by Landlord, and the rent a fair -15- and equitable abatement shall be abated in proportion made to Tenant for the Monthly Rent corresponding to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Article 11 shall be deemed to give Landlord any interest in, or prevent Tenant from seeking any If the award against the taking authority for, the taking of personal property and fixtures belonging to Tenant or for relocation or business interruption expenses recoverable proceeds from the taking authority. Nothing in this paragraph are insufficient to restore the Premises (the "Short Amount") as required by the preceding sentence and Landlord does not provide its own funds to so restore the Premises, then Landlord shall prohibit notice Tenant from making a claim on its behalf against any public authority for damages Tenant incurs as a result of a taking or exercise of the right Short Amount (the "Short Amount Notice") and Tenant shall pay the Short Amount to Landlord within sixty (60) days after receipt of eminent domain. 11.2 the Short Amount Notice in order for Landlord to properly restore the Premises as required by this Section 19.1. In the event Tenant fails to deposit the Short Amount to Landlord within the time period set forth herein, in addition to any other remedies available to Landlord under this Lease or at law or in equity, Tenant shall thereafter be required to pay Monthly Rent without abatement for the remainder of the Term. Any amount of the award that is attributable to reimbursement of Tenant for loss of the ability to rent the Premises shall be Tenant's property as long as the same does not reduce the amount of the award available to Landlord. 19.2 Temporary Taking. If all or any portion In the event of taking of the Premises are condemned or otherwise taken any part thereof for public or quasi-public use for a limited period of time, temporary use, (i) this Lease shall be and remain in full force unaffected thereby and effect Rent shall not abate, and Tenant shall continue to perform all of the terms, conditions and covenants of this Lease, including without limitation, the payment of Basic Rent and all other amounts required hereunder. (ii) Tenant shall be entitled to receive the entire for itself such portion or portions of any award made in connection for such use with any other temporary condemnation or other respect to the period of the taking attributable to any period which is within the Lease Term. Landlord For purposes of this Section 19.2, a temporary taking shall be entitled to the entire award defined as a taking for any such temporary condemnation or other taking which relates to a period after the expiration of one (1) year or less. 19.3 Waiver of Termination. Tenant and Landlord waive any right to terminate this Lease under Section 1265.130 of the Term California Code of Civil Procedure, or which is allocable to the cost of restoration of the Premises. If any such temporary condemnation similar Law now or other taking terminates prior to the expiration of the Term, Tenant shall restore the Premises as nearly as possible to the condition prior to the condemnation or other taking, at Tenant's sole cost and expense; provided 8 that, Tenant shall receive the portion of the award attributable to such restoration. hereafter in force. View More
Eminent Domain. 11.1 Taking. 18.1 In case the whole all of the Premises, or such part thereof as shall materially and substantially interfere with Tenant's use and occupancy thereof, ability to conduct its business upon the Premises, shall be permanently taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, within sixty (60) days of receipt of notice of such taking, either Tenant or... Landlord may shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. If such portion of the Building or Project is so taken or sold so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, or which renders the Building or Project economically unviable for its use as presently intended, or requires cancellation of substantially all tenant leases in the Building, this Lease may be terminated by Landlord, as of the date of the vesting of title under such taking or sale, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which said vesting will occur. Except as provided herein, Tenant shall not because of such taking assert any claim against Landlord or the taking authority for any compensation because of such taking, and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant. In Tenant; provided, however, in the event, event of such a taking, Tenant shall be entitled to seek a separate award for Tenant's relocation expenses and damage to, or the cost of removal of, Tenant's personal property, as long as such separate Total or Partial Taking award does not reduce the amount of property or the type of estate taken shall award that would otherwise be awarded to Landlord. In the event this Lease is not substantially interfere with Tenant' s use of the Premises, terminated following a taking, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant. In such event, Tenant, Landlord shall promptly proceed to restore the Premises to substantially their condition prior an architecturally whole unit to such partial taking, the extent of any award proceeds received by Landlord, and the rent a fair and equitable abatement shall be abated in proportion made to Tenant for the Monthly Rent corresponding to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Article 11 shall be deemed to give Landlord any interest in, or prevent Tenant from seeking any If the award against the taking authority for, the taking of personal property and fixtures belonging to Tenant or for relocation or business interruption expenses recoverable proceeds from the taking authority. Nothing in this paragraph shall prohibit Tenant from making a claim on are insufficient to restore the Premises as required by the preceding sentence and Landlord does not provide its behalf against any public authority for damages Tenant incurs own funds to so restore the Premises, and if as a result thereof Tenant's ability to use the Premises as contemplated by this Lease is materially and permanently impaired, then Tenant may elect to terminate this Lease by giving Landlord written notice thereof; provided, however, Landlord may rescind such termination by giving Tenant written notice within ten (10) business days following Landlord's receipt of a taking or exercise of such termination notice from Tenant that Landlord will provide the right of eminent domain. 11.2 necessary funds to so restore the Premises. 18.2 Temporary Taking. If all or any portion In the event of taking of the Premises are condemned or otherwise taken any part thereof for public or quasi-public use for a limited period of time, temporary use, (i) this Lease shall be and remain in full force unaffected thereby and effect Rent shall not abate, and Tenant shall continue to perform all of the terms, conditions and covenants of this Lease, including without limitation, the payment of Basic Rent and all other amounts required hereunder. (ii) Tenant shall be entitled to receive the entire for itself such portion or portions of any award made in connection for such use with any other temporary condemnation or other respect to the period of the taking attributable to any period which is within the Term. Lease Term, provided that if such award exceeds the Monthly Rent payable by Tenant hereunder for such period, then Landlord shall be entitled to the entire award such excess amount. For purposes of this Section 18.2, a temporary taking shall be defined as a taking for any such temporary condemnation or other taking which relates to a period after the expiration of the Term eighteen (18) months or which is allocable to the cost of restoration of the Premises. If any such temporary condemnation or other taking terminates prior to the expiration of the Term, Tenant shall restore the Premises as nearly as possible to the condition prior to the condemnation or other taking, at Tenant's sole cost and expense; provided 8 that, Tenant shall receive the portion of the award attributable to such restoration. less. View More
Eminent Domain. 11.1 Taking. In case the event the whole of the Premises, the Building or the Land shall be taken under the power of eminent domain, or sold to prevent the exercise thereof (collectively, a "Taking"), this Lease shall automatically terminate as of the date of such part thereof as Taking. In the event a Taking of a portion of the Land, the Building or the Premises shall, in the reasonable opinion of Landlord, substantially interfere with Landlord's operation thereof, Landlord may terminate this L...ease upon thirty (30) days' written notice to Tenant given at any time within sixty (60) days following the date of such Taking. In the event that a Taking of a portion of the Premises shall substantially interfere with Tenant's use and occupancy thereof, shall be taken by any lawful power or authority by exercise of the right of eminent domain, or sold to prevent such taking, within sixty (60) days of receipt of notice of such taking, either Premises, Tenant or Landlord may terminate this Lease effective as of the date possession is required to be surrendered to said authority. If such portion of the Building or Project is so taken or sold so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, or which renders the Building or Project economically unviable for its use as presently intended, or requires cancellation of substantially all tenant leases in the Building, this Lease may be terminated by Landlord, as of the date of the vesting of title under such taking or sale, by upon thirty (30) days' written notice to Tenant Landlord given at any time within sixty (60) days following notice to Landlord the date of such Taking. For purposes of this Lease, the date of Taking shall be the earlier of the date of transfer of title resulting from such Taking or the date of transfer of possession resulting from such Taking. In the event that a portion of the Premises is so taken and this Lease is not terminated, Landlord shall, to the extent of proceeds paid to Landlord as a result of the Taking, with reasonable diligence, use commercially reasonable efforts to proceed to restore (to the extent permitted by Law and covenants, conditions and restrictions then applicable to the Building and/or the Land) the Premises (other than Tenant's personal property and fixtures, and above-standard tenant improvements) to a complete, functioning unit. In such case, the Base Rent shall be reduced proportionately based on which said vesting will occur. the portion of the Premises so taken. If all or any portion of the Premises is the subject of a temporary Taking, this Lease shall remain in full force and effect and Tenant shall continue to perform each of its obligations under this Lease; in such case, Tenant shall be entitled to receive the entire award allocable to the temporary Taking of the Premises. Except as provided herein, Tenant shall not because of such taking assert any claim against Landlord or the taking condemning -31- authority for for, and hereby assigns to Landlord, any compensation because of in connection with any such taking, Taking, and Landlord shall be entitled to receive the entire amount of any award therefor, without deduction for any estate or interest of Tenant. In the event, the amount of property or the type of estate taken shall not substantially interfere with Tenant' s use of the Premises, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant. In such event, Landlord shall promptly proceed to restore the Premises to substantially their condition prior to such partial taking, and the rent shall be abated in proportion to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Article 11 Paragraph 10 shall be deemed to give Landlord any interest in, or prevent Tenant from seeking any award against the taking condemning authority for, for the taking Taking of personal property and fixtures belonging to property, fixtures, above standard tenant improvements of Tenant or for relocation or business interruption moving expenses recoverable by Tenant from the taking authority. Nothing in this paragraph shall prohibit Tenant from making a condemning authority provided that such claim on its behalf against any public authority for damages Tenant incurs as a result of a taking or exercise of the right of eminent domain. 11.2 Temporary Taking. If all or any portion of the Premises are condemned or otherwise taken for public or quasi-public use for a limited period of time, this Lease shall remain in full force and effect and Tenant shall continue does not reduce award to perform all of the terms, conditions and covenants of this Lease, including without limitation, the payment of Basic Rent and all other amounts required hereunder. Tenant shall be entitled to receive the entire award made in connection with any other temporary condemnation or other taking attributable to any period within the Term. Landlord shall be entitled to the entire award for any such temporary condemnation or other taking which relates to a period after the expiration of the Term or which is allocable to the cost of restoration of the Premises. If any such temporary condemnation or other taking terminates prior to the expiration of the Term, Tenant shall restore the Premises as nearly as possible to the condition prior to the condemnation or other taking, at Tenant's sole cost and expense; provided 8 that, Tenant shall receive the portion of the award attributable to such restoration. Landlord. View More
Eminent Domain. 11.1 18.1 Total or Partial Taking. In case the whole all of the Premises, or such part thereof as shall materially and substantially interfere with Tenant's use and occupancy thereof, ability to conduct its business upon the Premises, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, within sixty (60) days of receipt of notice of such taking, either Tena...nt or Landlord may shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. If such portion of the Building or Project is so taken or sold so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, or which renders the Building or Project economically unviable for its use as presently intended, or requires cancellation of substantially all tenant leases in the Building, this Lease may be terminated by Landlord, as of the date of the vesting of title under such taking or sale, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which said vesting will occur. Except as provided herein, Tenant shall not because of such taking assert any claim against Landlord or the taking authority for any compensation because of such taking, and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant. Tenant; provided, however, in the event of such a taking, Tenant shall be entitled to such portion of the award as shall be attributable to goodwill and for damage to, or the cost of removal of, Tenant's personal property. In the event, the amount of property or the type of estate taken shall event this Lease is not substantially interfere with Tenant' s use of the Premises, terminated following a taking, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant. In such event, Tenant, Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking, taking to the extent of any award proceeds received by Landlord, and the rent a fair and equitable abatement shall be abated in proportion made to Tenant for the Monthly Rent corresponding to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Article 11 shall be deemed to give Landlord any interest in, or prevent Tenant from seeking any If the award against the taking authority for, the taking of personal property and fixtures belonging to Tenant or for relocation or business interruption expenses recoverable proceeds from the taking authority. Nothing in this paragraph shall prohibit Tenant from making a claim on are insufficient to restore the Premises as required by the preceding sentence and Landlord does not provide its behalf against any public authority for damages Tenant incurs own funds to so restore the Premises, and if as a result thereof Tenant's ability to use the Premises as contemplated by this Lease is materially and substantially impaired, then Tenant may elect to terminate this Lease by giving Landlord written notice thereof; provided, however, Landlord may rescind such termination by giving Tenant written notice within ten (10) business days following Landlord's receipt of a taking or exercise of such termination notice from Tenant that Landlord will provide the right of eminent domain. 11.2 necessary funds to so restore the Premises. 18.2 Temporary Taking. If all or any portion In the event of taking of the Premises are condemned or otherwise taken any part thereof for public or quasi-public use for a limited period of time, temporary use, (i) this Lease shall be and remain in full force unaffected thereby and effect Rent shall not abate, and Tenant shall continue to perform all of the terms, conditions and covenants of this Lease, including without limitation, the payment of Basic Rent and all other amounts required hereunder. (ii) Tenant shall be entitled to receive the entire for itself such portion or portions of any award made in connection for such use with any other temporary condemnation or other respect to the period of the taking attributable to any period which is within the Lease Term. Landlord For purposes of this Section 18.2, a temporary taking shall be entitled to the entire award defined as a taking for any such temporary condemnation or other taking which relates to a period after the expiration of one (1) year or less. 10 18.3 Waiver of Termination. Tenant and Landlord waive any right to terminate this Lease under Section 1265.130 of the Term California Code of Civil Procedure, or which is allocable to the cost of restoration of the Premises. If any such temporary condemnation similar statute or other taking terminates prior to the expiration of the Term, Tenant shall restore the Premises as nearly as possible to the condition prior to the condemnation law now or other taking, at Tenant's sole cost and expense; provided 8 that, Tenant shall receive the portion of the award attributable to such restoration. hereafter in force. View More
Eminent Domain. 11.1 Taking. 23.1 In case the whole of the Premises, or such part thereof as shall substantially interfere with Tenant's use and occupancy thereof, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, within sixty (60) days of receipt of notice of such taking, either Tenant or Landlord may party shall have the right to terminate this Lease effective as of t...he date possession is required to be surrendered to said authority. If such portion of the Building or Project is so taken or sold so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, or which renders the Building or Project economically unviable for its use as presently intended, or requires cancellation of substantially all tenant leases in the Building, this Lease may be terminated by Landlord, as of the date of the vesting of title under such taking or sale, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which said vesting will occur. Except as provided herein, Tenant shall not because of such taking assert any claim against Landlord or the taking authority for any compensation because of such taking, taking (provided that Tenant may present a separate claim for Tenant's relocation costs and lost personal property, so long as such claim does not diminish any award otherwise available to Landlord), and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant. In the event, event the amount of property or the type of estate taken shall not substantially interfere with Tenant' s use the conduct of the Premises, Tenant's business, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant. In such event, If this Lease is not so terminated, Landlord shall promptly proceed to restore the Premises to substantially their same condition prior to such partial taking, and a proportionate allowance shall be made to Tenant for the rent shall be abated in proportion corresponding to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Article 11 Paragraph shall be deemed to give Landlord any interest in, or prevent Tenant from seeking in any award against the taking authority for, separately made to Tenant for the taking of personal property and trade fixtures belonging to Tenant or for relocation moving costs incurred by Tenant in relocating Tenant's business. Landlord and Tenant hereby agree that if Landlord is obligated to repair or business interruption expenses recoverable from restore the taking authority. Nothing in Premises pursuant to this paragraph Paragraph 23.1, Landlord shall prohibit Tenant from making a claim on its behalf against any public authority for damages Tenant incurs as a result be obligated to make such repairs or restoration only of a taking or exercise of the right of eminent domain. 11.2 Temporary Taking. If all or any portion those portions of the Premises are condemned which were originally provided at Landlord's expense (including the Tenant Improvements) and only to the extent of any award amount received by Landlord. 23.2 In the event of taking of the Premises or otherwise taken any part thereof for public or quasi-public use for a limited period of time, temporary use, (i) this Lease shall be and remain in full force unaffected thereby and effect rent shall not abate, and Tenant shall continue to perform all of the terms, conditions and covenants of this Lease, including without limitation, the payment of Basic Rent and all other amounts required hereunder. (ii) Tenant shall be entitled to receive the entire for itself such portion or portions of any award made for such use with respect to the period of the taking which is within the Term, provided that if such taking shall remain in connection force at the expiration or earlier termination of this Lease, Tenant shall then pay to Landlord a sum equal to the reasonable cost of performing Tenant's obligations under Paragraph 32 with respect to surrender of the Premises and upon such payment shall be excused from such obligations. For purpose of this Paragraph 23.2, a temporary taking shall be defined as a taking for a period of 270 days or less. 38 23.3 Landlord and Tenant each hereby waive the provisions of California Code of Civil Procedure Section 1265.130 and any other temporary condemnation applicable existing or other taking attributable future law, ordinance or governmental regulation providing for, or allowing either party to any period within petition the Term. Landlord shall be entitled to the entire award for any such temporary condemnation or other taking which relates to a period after the expiration courts of the Term or which is allocable to the cost state of restoration California for, a termination of this Lease upon a partial taking of the Premises. If any such temporary condemnation or other taking terminates prior to Premises and/or the expiration of the Term, Tenant shall restore the Premises as nearly as possible to the condition prior to the condemnation or other taking, at Tenant's sole cost and expense; provided 8 that, Tenant shall receive the portion of the award attributable to such restoration. Building. View More
Eminent Domain. 11.1 14.1 Taking. In case the whole of the Premises, or such part thereof of the Premises or the Building as shall substantially interfere with Tenant's use and occupancy thereof, of the Premises, shall be taken (whether permanent or temporarily for a period that exceeds 30 days) by any lawful power or authority by exercise of the right of eminent domain, or sold to prevent such taking, within sixty (60) days of after receipt of notice of such taking, either Tenant or Landlord may terminate this... Lease effective as of the date possession is required to be surrendered to said authority. If such a portion of the Building or Project Property is so taken or sold so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions lieu thereof, or which renders the Building or Project Property economically unviable for its use as presently intended, or requires cancellation of substantially all tenant leases in the Building, or any Landlord's Mortgagee requires that Landlord terminate this Lease, this Lease may be terminated by Landlord, as of the date of the vesting of title under such taking or sale, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which said vesting will occur. Except as provided herein, Tenant shall not because of such taking assert any claim against Landlord Landlord, any Landlord's Mortgagee or the taking authority for any compensation because of such taking, and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant. In the event, the amount of property or the type of estate taken event this Lease is not terminated pursuant to this Section 14.1, Landlord shall not substantially interfere with Tenant' s use of restore the Premises, Landlord shall be entitled to the entire amount of Building and the award without deduction for any estate or interest of Tenant. In such event, Landlord shall promptly proceed to restore the Premises Property to substantially their condition prior to such partial taking, and the rent Rent shall be abated in proportion to the time during which, and to the part of the Premises Premises, the Common Area and/or the Parking Facility of which, Tenant shall be so is actually deprived of normal and customary use on account of such taking and restoration in substantially the same manner as before the taking and restoration. Notwithstanding the foregoing, during any Rent abatement under this Lease, Tenant shall continue to be obligated to pay Landlord for all services and utilities provided to and used by Tenant, if any, during the period of the Rent abatement. Nothing contained in this Article 11 Section shall be deemed to give Landlord any interest in, or prevent Tenant from seeking any a separate award against the taking authority for, the taking of personal property and fixtures belonging to Tenant or for relocation or business interruption expenses recoverable from the taking authority. Nothing in this paragraph shall prohibit Tenant from making a claim on its behalf against any public authority for damages Tenant incurs as a result of a taking or exercise of the right of eminent domain. 11.2 Temporary Taking. If all or any portion of the Premises are condemned or otherwise taken for public or quasi-public use 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 without limitation, the payment of Basic Rent and all other amounts required hereunder. Tenant shall be entitled to receive the entire award made in connection with any other temporary condemnation or other taking attributable to any period within the Term. Landlord shall be entitled to the entire award for any such temporary condemnation or other taking which relates to a period after the expiration of the Term or which is allocable to the cost of restoration of the Premises. If any such temporary condemnation or other taking terminates prior to the expiration of the Term, Tenant shall restore the Premises as nearly as possible to the condition prior to the condemnation or other taking, at Tenant's sole cost and expense; provided 8 that, Tenant shall receive the portion of the award attributable to such restoration.View More
