Common use of Partial Condemnation Clause in Contracts

Partial Condemnation. If less than the whole of the Building or the Premises is so taken, this Lease shall be unaffected by such taking, except that (a) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty-five percent (25%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business; and (b) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, this Lease shall terminate on the thirtieth (30th) day after either such notice. Rent shall be prorated to the date of such termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant’s Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and the Project.

Appears in 4 contracts

Sources: Office Lease (Net), Office Lease (HF Enterprises Inc.), Office Lease (Quality Systems Inc)

Partial Condemnation. If less than the whole a part of the Building or the Premises is shall be so taken, this Lease shall be unaffected by such taking, except that that: (a) Tenant shall have the right to Landlord may, at its option, terminate this Lease by giving Tenant notice to Landlord given that effect within ninety (90) days after the date Date of such taking if twenty-five Taking; and (b) If twenty percent (2520%) or more of the Premises is shall be so taken and the remaining area of the Premises is shall not be reasonably sufficient for Tenant to continue feasible operation of its business; and (b) Landlord shall have the right to , Tenant may terminate this Lease by giving Landlord notice to Tenant given that effect within ninety (90) days after the date Date of such taking. Taking. (c) If either Landlord or Tenant so elects the Lease is terminated pursuant to terminate this LeaseSection 17.2, this the Lease shall terminate on the thirtieth (30th) day after either such notice. date that notice of termination from the Landlord or Tenant to the other is given, and Rent shall be prorated and adjusted as of such termination date. Upon a partial taking of the Premises where the Lease is not terminated pursuant to this Section 17.2, this Lease shall continue in force as to the date remaining part of such termination. If this Lease continues in force upon such partial takingthe Premises, the Base and Rent and Tenant’s Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and the Projectrentable area remaining.

Appears in 2 contracts

Sources: Lease Agreement (Znomics, Inc.), Lease Agreement (Znomics, Inc.)

Partial Condemnation. If less than the whole of the Building or the Premises is so taken, this Lease shall be unaffected by such taking, except that (a) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty-five percent (25%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business; and (b) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, this Lease shall terminate on the thirtieth (30th) day after either such notice. Rent shall be prorated to the date of such termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant’s Proportionate Share shall be equitably adjusted according to the remaining Rentable Area area of the Premises. Tenant’s obligation to pay Premises and Operating Costs shall not be affected by any such partial taking of the ProjectPremises.

Appears in 1 contract

Sources: Lease Agreement (Nautilus, Inc.)

Partial Condemnation. If less than the whole of the Building or the Premises is so taken, this Lease shall be unaffected by such taking, except that (a) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty-five percent (25%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, access to the Premises is materially impeded or Tenant’s parking is materially diminished; and (b) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, this Lease shall terminate on the thirtieth (30th) day after either such notice. Rent shall be prorated to the date of such termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant▇▇▇▇▇▇’s Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and the Project.

Appears in 1 contract

Sources: Office Lease (Eargo, Inc.)

Partial Condemnation. If less than the whole a part of the Building or the Premises is shall be so taken, this Lease shall be unaffected by such taking, except that that: (a) Tenant shall have the right to Lessor may, at its option, terminate this Lease by giving Lessee notice to Landlord given that effect within ninety thirty (9030) days after the date Date of such taking if twenty-five Taking; and (b) If twenty percent (2520%) or more of the Premises is shall be so taken and the remaining area of the Premises is shall not be reasonably sufficient for Tenant Lessee to continue feasible operation of its business; and (b) Landlord shall have the right to , Lessee may terminate this Lease by giving Lessor notice to Tenant given that effect within ninety thirty (9030) days after the date Date of such taking. Taking. (c) If either Landlord or Tenant so elects the Lease is terminated pursuant to terminate this LeaseSection 20.2, this the Lease shall terminate on the thirtieth (30th) day after either such notice. date that notice of termination from the Lessor or Lessee to the other is given, and Rent shall be prorated and adjusted as of such termination date. Upon a partial taking of the Premises where the Lease is not terminated pursuant to this Section 20.2, this Lease shall continue in force as to the date remaining part of such termination. If this Lease continues in force upon such partial takingthe Premises, the Base and Rent and Tenant’s Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and the Projectrentable area remaining.

Appears in 1 contract

Sources: Warehouse Space Lease Agreement (Eastside Distilling, Inc.)

Partial Condemnation. If less than the whole of the Building or the Premises is so taken, this Lease shall be unaffected by such taking, except that (a) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty-five percent (25%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business; and (b) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, this Lease shall terminate on the thirtieth (30th) day after either such notice. Rent shall be prorated to the date of such termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant▇▇▇▇▇▇’s Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and the Project.

Appears in 1 contract

Sources: Office Lease

Partial Condemnation. If less than the whole of the Building or the Premises is so taken, this Lease shall be unaffected by such taking, except that (a) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) [***] days after the date of such taking if twenty-five percent (25%) [***] or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business; and (b) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) [***] days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, this Lease shall terminate on the thirtieth (30th) [***] day after either such notice. Rent shall be prorated to the date of such termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant’s Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and the Project.

Appears in 1 contract

Sources: Office Lease (Biodesix Inc)

Partial Condemnation. If less than the whole of the Building or the Premises is so taken, this Lease shall be unaffected by such taking, except that (a) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty-five twenty percent (2520%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business; and (b) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, this Lease shall terminate on the thirtieth (30th) day after either such notice. Rent shall be prorated to the date of such termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant’s Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and the Project.

Appears in 1 contract

Sources: Office Lease (iPic Entertainment Inc.)

Partial Condemnation. If less than the whole of the Building or the Premises is so taken, this Lease shall be unaffected by such taking, except that (a) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty-five percent (25%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business or any part of the Common Areas are taken and the remaining area of the Common Areas is not reasonably sufficient in Tenant’s judgment for Tenant to continue operation of its business; and (b) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, this Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of such termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant’s Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and the Project.

Appears in 1 contract

Sources: Lease (Ecost Com Inc)