Common use of Effect of Taking Clause in Contracts

Effect of Taking. If there shall be taken by exercise of the power of eminent domain during the term of the Lease any part of the Leased Premises or the Building, Lessor may elect either to terminate this Lease and all future obligations of the parties hereunder, or to continue this lease in effect. It Lessor elects to continue the lease, the rental shall be reduced in proportion to the area of the leased Premises so taken and Lessor shall repair any damage to the Leased Premises or the Building resulting from such taking. All sums awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee, whether as damages or as compensation, shall be the property of Lessor and Lessee hereby assigns to Lessor any right of Lessee therein or claim of Lessee thereto. If Lessor elects to terminate this Lease, rental shall be payable up to the date that possession is taken by the condemning authority, and Lessor will refund to Lessee any prepaid -12- Initials Initials /s/ TES ------ -------- LESSOR LESSEE unaccrued rent less any sum then owing by Lessee to Lessor.

Effect of Taking. If there shall be taken by exercise of the power of eminent domain during the term of the Lease any part of the Leased Premises or the Building, Lessor may elect either to terminate this Lease and all future obligations of the parties hereunder, or to continue this lease Lease in effect. It If Lessor elects to continue the leaseLease, the rental shall be reduced in proportion to the area of the leased Leased Premises so taken and Lessor shall repair any damage to the Leased Premises or the Building resulting from such taking. All sums awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee, whether as damages or as compensation, shall be the property of Lessor and Lessee hereby assigns to Lessor any right of Lessee therein or claim of Lessee thereto. If Lessor elects to terminate this Lease, rental shall be payable up to the date that possession is taken by the condemning authority, and Lessor will refund to Lessee any prepaid -12- Initials Initials /s/ TES ------ -------- LESSOR LESSEE unaccrued rent less any sum then owing by Lessee to Lessor.

Effect of Taking. If there shall be taken by exercise of the power of eminent domain during the term of the Lease any part of the Leased Premises or the Building, Lessor may elect either to terminate this Lease and all future obligations of the parties hereunder, or to continue this lease Lease in effect. It If Lessor elects to continue the leaseLease, the rental shall be reduced in proportion to the area of the leased Premises so taken and Lessor shall repair any damage to the Leased Premises or the Building resulting from such taking. All sums awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee, whether as damages or as compensation, shall be the property of Lessor Lessor, and Lessee hereby assigns to Lessor any right of Lessee therein or claim of Lessee thereto. If Lessor elects to terminate this Lease, rental shall be payable up to the date that possession is taken by the condemning authority, and Lessor will refund to Lessee any prepaid -12- Initials Initials /s/ TES ------ -------- LESSOR LESSEE unaccrued rent less any sum then owing by Lessee to Lessor.