PARTIAL EXPROPRIATION Sample Clauses

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PARTIAL EXPROPRIATION. Subject to the exclusions (Section 4.03), adjustments (Section 5.04), and limitations (Section 5.05);
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PARTIAL EXPROPRIATION. If only part of the Demised Premises is expropriated, and such expropriation renders the Demised Premises unusable for the business of the Tenant, then the Term shall terminate as of the date of title vesting in the expropriating authority. If such expropriation is not extensive enough to render the Demised Premises unusable for the business of the Tenant, then the Landlord shall promptly restore the unexpropriated part of the Demised Premises to a condition comparable to its condition immediately prior to such expropriation to the extent of any expropriation proceeds recovered by the Landlord and this Lease shall continue in full force and effect except after the date of such title vesting the Basic Rent payable pursuant to paragraph 2.04 and Additional Rent shall be proportionally reduced in accordance with the actual square footage of the Demised Premises. If any Parking Areas are expropriated, the Landlord may but shall not be obliged to supply the Tenant with other parking areas.
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PARTIAL EXPROPRIATION. If the building is expropriated only in part, the lease shall continue with respect to the non-expropriated part. There may then be agreement between the parties on a reduction of the amount of the rental, a reduction that is to take account, inter alia, of the possibilities for continuation of use by the lessee, and of the amount of the indemnities received on either side. If the non-expropriated portion of the building is insufficient to allow use of the real properties leased, the lessee shall have the option of requesting the following from the lessor, as long as it informs it three months in advance by registered mail with receipt: • either cancellation of the present contract under the conditions laid down above in Article K – Cancellation at the Lessee’s Request, without any condition as to period. In that case, the expropriation indemnity received by the lessor shall be applied, after deduction of the amounts that might be due to the Taxation Authorities, to the appropriate extent to the amounts due from the lessee. If the said indemnity, as has just been said, is greater than the said amounts, the surplus shall remain the lessor’s property. If the expropriation indemnity is less than the cancellation indemnity due from the lessee, the latter undertakes to pay the difference to the lessor from its own funds. • or repurchase of the remaining part of the building in exchange for full payment of the price provided for in Title III, “Special Conditions”, under the same conditions as the ones laid down above in Article N—1°) relative to total expropriation.
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PARTIAL EXPROPRIATION. If only a part of the Tenant Space shall be the subject of an expropriation, this Lease shall continue in full force and effect, subject to the terms of Sections 9.1.6.3, 9.1.6.4 and 9.1.6.5, below.
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PARTIAL EXPROPRIATION. If the site and constructions are only partly expropriated, the lease shall remain in effect for the remainder. 211.2.1 In this case, this contract shall be covered by an amendment recording the change in surface area of the property and modifying the financial terms to factor in the amount of the expropriation indemnity received by the LESSOR less all costs and expenses incurred by the latter and all taxes owed by it, notably capital gains tax and tax repayments in connection with the expropriation, as stipulated under paragraph 706 below. 211.2.2 Free transfer to government authorities In the event that parts of the building (notably land parcels) have to transferred for free to a government authority, the financial terms of this lease (rent and sales undertaking) shall not be modified despite a change in surface area of the property.
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PARTIAL EXPROPRIATION. If only a part of the Hotel shall be taken or condemned in any expropriation, compulsory acquisition or like proceedings and the taking or condemnation does not make it financially or operationally unreasonable or imprudent, in Owner's and Operator's opinion, to operate the remaining portion as a hotel of the standard of operation then applicable to the Hotel, this Agreement shall not terminate; provided that any award therefor shall be used by Owner to repair any damage to the Hotel or any part of the Hotel, or to alter or modify the Hotel or any part of the Hotel, so as to render the Hotel a complete and satisfactory architectural unit as a World Class Luxury Hotel. The remainder of any award for any partial taking or condemnation shall be retained by Owner; provided that Operator shall be entitled to make a separate and distinct claim against the appropriate Governmental Authority for compensation arising from the loss of its Interest as a result of such taking or condemnation. Any Dispute as to whether the remaining portion of the Hotel can be operated as a hotel of the standard of operation then applicable to the Hotel after any condemnation or expropriation shall, if requested by either Owner or Operator, be resolved by arbitration in accordance with the provisions of section 21.03(b).
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PARTIAL EXPROPRIATION. In case "the building" is only expropriated in part, the leasing agreement shall remain in effect for the portion not expropriated. The amount of the leasing agreement, readjusted pursuant to the same terms as the rental payments, shall be decreased, from the day on which the expropriation compensation is received by the LESSOR, by a sum equivalent to the amount of the compensation, after deduction of all expenses proven by the expropriation manager and of all taxes owed, in particular in terms of increases in value.
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PARTIAL EXPROPRIATION. If a portion of the Leased Premises should be taken by expropriation or condemnation proceedings, or if the Lessor should convey a portion of the Leased Premises under the threat of such proceedings, and such portion does not substantially interfere with Lessee's use and enjoyment of the Leased Premises, this Lease shall not terminate, provided, however, in such case the rental shall be reduced in a just and proportionate amount in the ratio that Lessee is deprived of the utility of the Leased Premises.
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PARTIAL EXPROPRIATION. (a) In the event of any partial expropriation of the Assets during the Lease Term which does not constitute a Lessor Termination Event pursuant to Clause 20.1(j), where: (i) the non-expropriated portion of the Assets allows the Lessee to continue to conduct the Authorised Activities; and (ii) the partial expropriation does not result in the withdrawal of the DGI Final Approval, this Lease shall continue in full force and effect with regard to the non-expropriated portion of the Assets. The Rent and the charges payable under this Lease shall be owed in full by the Lessee. The Lessee shall not be entitled to claim any adjustment to, or reduction in, the Rent by reason of the reduction in the Assets.
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Related to PARTIAL EXPROPRIATION

  • Expropriation Neither Party shall expropriate or nationalize, either directly or indirectly through measures equivalent to expropriation or nationalization (hereinafter referred to as "expropriation") against investments of investors of the other Party in its territory, unless the following conditions are met: (a) for the public interest (15); (b) under domestic legal procedure; (c) without discrimination; and (d) against compensation.

  • No Expropriation No property or asset of the Company or its Subsidiaries (including any Company Mineral Interests) has been taken or expropriated by any Governmental Entity nor has any notice or proceeding in respect thereof been given or commenced nor, to the knowledge of the Company, is there any intent or proposal to give any such notice or to commence any such proceeding.

  • Partial Condemnation In the event of a Condemnation of less than the whole of any Property such that such Property is still suitable for its Permitted Use, Tenant shall, to the extent of the Award and any additional amounts disbursed by Landlord as hereinafter provided, commence (or cause to be commenced) promptly and continue diligently to restore (or cause to be restored) the untaken portion of the applicable Leased Improvements so that such Leased Improvements shall constitute a complete architectural unit of the same general character and condition (as nearly as may be possible under the circumstances) as such Leased Improvements existing immediately prior to such Condemnation, in material compliance with all Legal Requirements, subject to the provisions of this Section 11.2. If the cost of the repair or restoration of the affected Property exceeds the amount of the Award, Tenant shall give Landlord Notice thereof which notice shall set forth in reasonable detail the nature of such deficiency and whether Tenant shall pay and assume the amount of such deficiency (Tenant having no obligation to do so, except that if Tenant shall elect to make such funds available, the same shall become an irrevocable obligation of Tenant pursuant to this Agreement). In the event Tenant shall elect not to pay and assume the amount of such deficiency, Landlord shall have the right (but not the obligation), exercisable at Landlord’s sole election by Notice to Tenant given within sixty (60) days after Tenant’s Notice of the deficiency, to elect to make available for application to the cost of repair or restoration the amount of such deficiency; provided, however, in such event, upon any disbursement by Landlord thereof, the Minimum Rent shall be adjusted as provided in Section 3.1.1(c). In the event that neither Landlord nor Tenant shall elect to make such deficiency available for restoration, either Landlord or Tenant may terminate this Agreement with respect to the affected Property and the entire Award shall be allocated as set forth in Section 11.5. Subject to the terms hereof, Landlord shall contribute to the cost of restoration that part of the Award necessary to complete such repair or restoration, together with severance and other damages awarded for the taken Leased Improvements and any deficiency Landlord has agreed to disburse, to Tenant regularly during the restoration period so as to permit payment for the cost of such repair or restoration. Landlord may, at its option, condition advancement of such Award and other amounts on (a) the absence of any Event of Default, (b) its approval of plans and specifications of an architect satisfactory to Landlord (which approval shall not be unreasonably withheld, delayed or conditioned), (c) general contractors’ estimates, (iv) architect’s certificates, (d) conditional lien waivers of general contractors, if available, (e) evidence of approval by all governmental authorities and other regulatory bodies whose approval is required, (f), if Tenant has elected to advance deficiency funds pursuant to the preceding paragraph, Tenant depositing the amount thereof with Landlord and (g) such other certificates as Landlord may, from time to time, reasonably require. Landlord’s obligation under this Section 11.2 to disburse the Award and such other amounts shall be subject to (x) the collection thereof by Landlord and (y) the satisfaction of any applicable requirements of any Facility Mortgage, and the release of such Award by the applicable Facility Mortgagee. Tenant’s obligation to restore the Leased Property shall be subject to the release of the Award by the applicable Facility Mortgagee to Landlord.

  • Condemnation As of the date of origination and to the Mortgage Loan Seller’s knowledge as of the Cut-off Date, there is no proceeding pending and, to the Mortgage Loan Seller’s knowledge as of the date of origination and as of the Cut-off Date, there is no proceeding threatened for the total or partial condemnation of such Mortgaged Property that would have a material adverse effect on the value, use or operation of the Mortgaged Property.

  • Condemnation/Eminent Domain In the event the whole of the Premises, and/or such part thereof as shall substantially interfere with Tenant’s use and occupation 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 is sold in lieu of or to prevent such taking, then Landlord and Tenant shall each have the right to terminate this Lease (by written notice to the other given no later than 10 days after Landlord notifies Tenant of such taking) effective as of the date possession is required to be surrendered to said authority. In the event any access points to adjoining streets, 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 is sold in lieu of or to prevent such taking, and such taking shall substantially interfere with Tenant’s use of the Premises, then Landlord or Tenant shall each have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Except as provided below, Tenant shall not 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 Premises. Nothing contained in this Article 12 shall be deemed to give Landlord any interest in any separate award made to Tenant for the taking of personal property and fixtures belonging to Tenant or for Tenant’s moving expenses. In the event the amount of property or the type of estate taken shall not substantially interfere with the conduct of Tenant’s business, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant, Landlord shall promptly proceed to restore the Building to substantially their same condition prior to such partial taking less the portion thereof lost in such condemnation (but in no event shall Landlord be obligated to incur costs in such restoration in excess of the amount of the award paid to Landlord, after deducting Landlord’s reasonable costs in connection therewith), and the Base Rent shall be proportionately reduced by the time during which, and the portion of the Premises which, Tenant shall have been deprived of possession on account of said taking and restoration.