Laserfiche WebLink
17. EMINENT DOMAIN: (a) If (i) all or part of the Premises, the building located <br />thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be taken <br />or appropriated under any right of eminent domain or under any other legal right whereby the <br />taking authority is obligated to compensate Landlord therefor so that there does not remain <br />premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may <br />terminate and cancel this Lease without owing any liability to Landlord as of the date on which <br />the condemning authority takes physical possession upon giving to Landlord written notice of such <br />election. Landlord agrees immediately within ten (10) days after any notice of intended or actual <br />taking or appropriation to give Tenant written notice thereof, providing to Tenant full details of <br />such taking or appropriation, including, without limitation copies of all condemnation plans or <br />surveys submitted by the condemning authority, a statement of the nature of the project to be <br />conducted by the condemning authority, and such other information as might be necessary to <br />enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES THAT <br />LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY <br />OF THE PROVISIONS OF THIS LEASE SHALL NOT ENTITLE TENANT TO ANY <br />RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS <br />RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. <br />(b) If this Lease shall be terminated and canceled as a result of any <br />taking or appropriation, Tenant shall be released from any further liability and <br />Rent and other sums for the last month of Tenant's occupancy shall be prorated <br />and Landlord shall immediately refund to Tenant any sums paid in advance. <br />(c) Tenant reserves unto itself the right to prosecute Tenant's claim for <br />an award for damages for the termination of this Lease caused by such appropriation or <br />taking, together with damages based on the value of Tenant's improvements and Tenant's <br />fixtures and other personal property erected or installed on the Premises and damages <br />Tenant may sustain to the interest in the business operated by Tenant on the Premises, <br />including, but not limited to, goodwill, patronage, and the removal, relocation, and <br />replacement costs and expenses caused by such appropriation or taking, and Tenant may <br />file such claims as are permitted by law for the loss of its leasehold interest, business <br />dislocation damages, moving expense, or other damages caused by such taking or <br />appropriation. Tenant's right to receive compensation or damages for its fixtures or its <br />personal property shall not be affected in any manner by this Lease. <br />18. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all <br />mechanic's liens, or other liens, for labor performed or materials furnished with respect to the <br />Premises by or for Tenant. <br />19. PARKING AREA: Tenant acknowledges that Landlord has entered into an <br />agreement with the Orange County Transportation Authority for the operations of the OC Streetcar <br />at SARTC, which is under construction. Such operations may affect the number of parking spaces <br />71 <br />