Laserfiche WebLink
<br /> in the proceeds of any insurance carried by Lessee on Lessee's interest in this Lease and Lessee <br /> shall have no interest in the proceeds of any insurance carried by Lessor. <br /> ARTICLE XVI <br /> EMINENT DOMAIN <br /> Section 16.01. Automatic Termination of Lease. If the whole of the Premises shall be <br /> <br /> taken by any public authority under the power of eminent domain, then the Term shall cease as <br /> of the date possession is taken by such public authority and all rentals shall be paid up to such <br /> date. If only a part of the Premises shall be taken under eminent domain, this Lease shall <br /> terminate as to the portion taken, and unless this Lease shall be terminated, as hereinafter <br /> provided, it shall continue in full force and effect as to the remainder of the Premises and the <br /> Base Rent shall be reduced in the proportion the Gross Leasable Area taken bears to the Gross <br /> Leasable Area demised, and Lessor, at Lessor's own cost and expense, shall make all necessary <br /> repairs and alterations to the Premises required by such taking. <br /> Section 16.02. Option to Cancel. If the remainder of the Premises cannot be made <br /> Lesseeable for the purposes for which Lessee has been using the Premises, Lessee shall have the <br /> option, to be exercised within thirty (30) days after the filing of such eminent domain action, of <br /> canceling this Lease effective as of the date the condemning authority shall take possession; <br /> provided, however, that if more than fifty percent (50%) of the Gross Leasable Area remains, <br /> either party, by written notice to the other delivered on or before the date surrendering possession <br /> to the public authority, may then terminate this Lease, effective as of such surrender of <br /> possession. All compensation and damages of any type whatsoever awarded for any taking, <br /> whole or partial, shall belong to and shall be the property of Lessor except as hereinafter <br /> provided. <br /> Section 16.03. Total Condemnation of Parking Area. If the whole of the common <br /> pazking areas in the Project shall be acquired or condemned as aforesaid, then the Term shall <br /> cease and terminate as of the date possession is taken in such proceeding unless Lessor shall take <br /> immediate steps to provide other pazking facilities substantially equal to the previously existing <br /> common pazking aeeas, and such substantially equal parking facilities shall be provided by <br /> Lessor at Lessor's own expense within ninety (90) days from the date of acquisition. In the event <br /> that Lessor shall provide such other substantially equal pazking facilities, then this Lease shall <br /> continue in full force and effect without any reduction or abatement of rent. <br /> Section 16.04. Partial Condemnation of Parking Areas. If any part of the pazking area <br /> in the Project shall be acquired or condemned as aforesaid, and if, as a result thereof there shall <br /> be less than one-half of the parking spaces existing prior to such acquisition, then the Term shall <br /> cease and terminate as of the date possession is taken in such proceeding, unless Lessor shall <br /> take immediate steps toward providing other pazking facilities substantially equal to the <br /> previously existing common parking areas, in which event this Lease shall be unaffected and <br /> remain in full force and effect without any reduction or abatement of rent. In the event of <br /> termination of this Lease as aforesaid, Lessee shall have no claim against Lessor or the <br /> condemning authority for the value of any of unexpired Term and rent shall be adjusted to the <br /> date of said termination. <br /> 16 <br /> <br />