Condemnation or Taking. If there shall be a taking of all or a material portion of the Leased Property or the reasonable access thereto by federal, state, county, city or other authority for public use, or under any statute, or by right of eminent domain (a “Taking”), then this Lease shall terminate as of the date of the Taking and the rent shall be adjusted as of the date of such termination of this Lease. A Taking of a material portion of the Leased Property shall be deemed to mean a taking of such scope that the untaken portion of the Leased Property is insufficient to permit the restoration of the then existing improvements thereof so as to constitute a complete operating facility of sufficient size to permit Tenant to conduct its business in substantially the same manner as prior to the Taking.
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Sources: Lease Agreement (Daystar Technologies Inc), Lease Agreement (On2 Technologies Inc)
Condemnation or Taking. If there shall be a taking of all or a material portion of the Leased Property or the reasonable access thereto by federal, state, county, city or other authority for public use, or under any statute, or by right of eminent domain (a “"Taking”"), then this Lease shall terminate as of the date of the Taking and the rent shall be adjusted as of the date of such termination of this Lease. A Taking of a material portion of the Leased Property shall be deemed to mean a taking of such scope that the untaken portion of the Leased Property is insufficient to permit the restoration of the then existing improvements thereof so as to constitute a complete operating facility of sufficient size to permit Tenant to conduct its business in substantially the same manner as prior to the Taking.
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