Common use of Allocation of Award Clause in Contracts

Allocation of Award. Subject to Section 23.8, in the event of a complete taking pursuant to Section 20.1, the Tenant will be entitled to receive the portion of the condemnation award (or settlement) attributable to (i) the value of the Facility and Improvements and Landlord’s Improvements, and fixtures and other property located on the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) other compensation or benefits paid as a consequence of the interruption of the Tenant’s business and the other costs and expenses incurred by the Tenant as a consequence of such taking (if any such compensation or benefits are paid by the applicable taking authority) and the Landlord shall be entitled to recover that portion of the condemnation award (or settlement) fairly attributable to the value of the land taken. In the event Tenant’s Property, the Improvements or the Facility are not taken, the Tenant shall not be entitled to any portion of the award, and in the event no Landlord’s property is taken, the Landlord shall not be entitled to any portion of the award. In the event of a partial taking of the Improvements, Tenant’s Property and/or Facility, the entire award or settlement shall be paid to the Tenant. In the event of a partial taking of the Project Site, the Tenant will be entitled to receive the portion of the award attributable to (i) the value of the portion of the Facility, Improvements and Tenant’s Property located in the portion of the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) damage to the remaining Facility, and the Tenant will promptly restore the remaining portion of the Facility to the extent of the award payable to the Tenant. Nothing contained herein shall prohibit the Tenant’s claiming relocation damages or damages for lost profits or loss of leasehold advantage against the taking authority in any appropriate proceeding.

Allocation of Award. Subject to Section 23.8, in the event of a complete taking pursuant to Section 20.1, the Tenant will be entitled to receive the portion of the condemnation award (or settlement) attributable to (i) the value of the Facility and Improvements Facilities, the Improvements, and Landlord’s Improvements, and fixtures and other property located on the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) other compensation or benefits paid as a consequence of the interruption of the Tenant’s business and the other costs and expenses incurred by the Tenant as a consequence of such taking (if any such compensation or benefits are paid by the applicable taking authority) and the Landlord shall be entitled to recover that portion of the condemnation award (or settlement) fairly attributable to the value of the land taken. In the event Tenant’s Property, the Improvements Improvements, or the Facility Facilities are not taken, the Tenant shall not be entitled to any portion of the award, and in the event no Landlord’s property is taken, the Landlord shall not be entitled to any portion of the award. In the event of a partial taking of the Improvements, the Tenant’s Property and/or FacilityFacilities, the entire award or settlement shall be paid to the Tenant. In the event of a partial taking of the Project Site, the Tenant will be entitled to receive the portion of the award attributable to (i) the value of the portion of the FacilityFacilities, Improvements and Tenant’s Property located in the portion of the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) damage to the remaining FacilityFacilities, and the Tenant will promptly restore the remaining portion of the Facility Facilities to the extent of the award payable to the Tenant. Nothing contained herein shall prohibit the Tenant’s claiming relocation damages or damages for lost profits or loss of leasehold advantage against the taking authority in any appropriate proceeding.

Allocation of Award. Subject to Section 23.8, in the event of a complete taking pursuant to Section 20.1, the Tenant will be entitled to receive the portion of the condemnation award (or settlement) attributable to (i) the value of the Facility and Improvements and Landlord’s Improvements, and fixtures and other property located on the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) other compensation or benefits paid as a consequence of the interruption of the Tenant’s business and the other costs and expenses incurred by the Tenant as a consequence of such taking (if any such compensation or benefits are paid by the applicable taking authority) and the Landlord shall be entitled to recover that portion of the condemnation award (or settlement) fairly attributable to the value of the land taken. In the event the Tenant’s Property, Property or the Improvements or the Facility are not taken, the Tenant shall not be entitled to any portion of the award, and in the event no Landlord’s property is taken, the Landlord shall not be entitled to any portion of the award. In the event of a partial taking of the Improvements, Improvements and/or the Tenant’s Property and/or Facility, the entire award or settlement shall be paid to the Tenant. In the event of a partial taking of the Project Site, the Tenant will be entitled to receive the portion of the award attributable to (i) the value of the portion of the Facility, Improvements and the Tenant’s Property located in the portion of the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) damage to the remaining Facility, and the Tenant will promptly restore the remaining portion of the Facility Improvements or the Site to the extent of the award payable to the Tenant. Nothing contained herein shall prohibit the Tenant’s claiming relocation damages or damages for lost profits or loss of leasehold advantage against the taking authority in any appropriate proceeding.

Allocation of Award. Subject to Section 23.8, in the event of a complete taking pursuant to Section 20.1, the Tenant will be entitled to receive the portion of the condemnation award (or settlement) attributable to (i) the value of the Facility and Improvements and Landlord’s Improvements, and fixtures and other property located on the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) other compensation or benefits paid as a consequence of the interruption of the Tenant’s business and the other costs and expenses incurred by the Tenant as a consequence of such taking (if any such compensation or benefits are paid by the applicable taking authority) and the Landlord shall be entitled to recover that portion of the condemnation award (or settlement) fairly attributable to the value of the land taken. In the event Tenant’s Property, the Improvements or the Facility are not taken, the Tenant shall not be entitled to any portion of the award, and in the event no none of the Landlord’s property Property is taken, the Landlord shall not be entitled to any portion of the award, unless the Tenant elects to terminate this Ground Lease pursuant to Section 20.2, in which event the award or settlement shall be allocated as provided in the next sentence. In the event of a partial taking of the Improvements, Tenant’s Property and/or Facilitythe Facility not resulting in a termination of this Ground Lease pursuant to Section 20.2, the entire award or settlement shall be paid to the Tenant. In the event of a partial taking of the Project Site, the Tenant will be entitled to receive the portion of the award attributable to (i) the value of the portion of the Facility, Improvements and Tenant’s Property located in the portion of the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) damage to the remaining Facility, and the Tenant will promptly restore the remaining portion of the Facility to the extent of the award payable to the Tenant. Nothing contained herein shall prohibit the Tenant’s claiming relocation damages or damages for lost profits or loss of leasehold advantage against the taking authority in any appropriate proceeding.

Allocation of Award. Subject to Section 23.8, in the event of a complete taking pursuant to Section 20.1, the Tenant will be entitled to receive the portion of the condemnation award (or settlement) attributable to (i) the value of the Facility and Improvements Facilities, the Improvements, and Landlord’s Improvements, and fixtures and other property located on the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) other compensation or benefits paid as a consequence of the interruption of the Tenant’s business and the other costs and expenses incurred by the Tenant as a consequence of such taking (if any such compensation or benefits are paid by the applicable taking authority) and the Landlord shall be entitled to recover that portion of the condemnation award (or settlement) fairly attributable to the value of the land taken. In the event Tenant’s Property, the Improvements Improvements, or the Facility Facilities are not taken, the Tenant shall not be entitled to any portion of the award, and in the event no Landlord’s property is taken, the Landlord shall not be entitled to any portion of the award. In the event of a partial taking of the Improvements, the Tenant’s Property and/or FacilityFacilities, the entire award or settlement shall be paid to the Tenant. In the event of a partial taking of the Project Site, the Tenant will be entitled to receive the portion of the award attributable to (i) the value of the portion of the FacilityFacilities, Improvements and Tenant’s Property located in the portion of the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) damage to the remaining FacilityFacilities, and the Tenant will promptly restore the remaining portion of the Facility Facilities to the extent of the award payable to the Tenant. Nothing contained herein shall prohibit the Tenant’s claiming relocation damages or damages for lost profits or loss of leasehold advantage against the taking authority in any appropriate proceeding.

Allocation of Award. Subject to Section 23.8, in the event of a complete taking pursuant to Section 20.1, the Tenant will be entitled to receive the portion of the condemnation award (or settlement) attributable to (i) the value of the Facility and Facilities, the Improvements and Landlord’s Improvements, and fixtures and other property located on the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) other compensation or benefits paid as a consequence of the interruption of the Tenant’s business and the other costs and expenses incurred by the Tenant as a consequence of such taking (if any such compensation or benefits are paid by the applicable taking authority) and the Landlord shall be entitled to recover that portion of the condemnation award (or settlement) fairly attributable to the value of the land taken. In the event Tenant’s Property, the Improvements or the Facility Facilities are not taken, the Tenant shall not be entitled to any portion of the award, and in the event no Landlord’s property is taken, the Landlord shall not be entitled to any portion of the award. In the event of a partial taking of the Improvements, Tenant’s Property and/or FacilityFacilities, the entire award or settlement shall be paid to the Tenant. In the event of a partial taking of the Project Site, the Tenant will be entitled to receive the portion of the award attributable to (i) the value of the portion of the FacilityFacilities, Improvements and Tenant’s Property located in the portion of the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) damage to the remaining FacilityFacilities, and the Tenant will promptly restore the remaining portion of the Facility Facilities to the extent of the award payable to the Tenant. Nothing contained herein shall prohibit the Tenant’s claiming relocation damages or damages for lost profits or loss of leasehold advantage against the taking authority in any appropriate proceeding.

Allocation of Award. Subject to Section 23.8, in the event of a complete taking pursuant to Section 20.1, the Tenant will be entitled to receive the portion of the condemnation award (or settlement) attributable to (i) the value of the Facility and Improvements and Landlord’s Improvements, and fixtures and other property located on the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) other compensation or benefits paid as a consequence of the interruption of the Tenant’s business and the other costs and expenses incurred by the Tenant as a consequence of such taking (if any such compensation or benefits are paid by the applicable taking authority) and the Landlord shall be entitled to recover that portion of the condemnation award (or settlement) fairly attributable to the value of the land taken. In the event the Tenant’s Property, the Improvements or the Facility are not taken, the Tenant shall not be entitled to any portion of the award, and in the event no Landlord’s property is taken, the Landlord shall not be entitled to any portion of the awardaward unless the Tenant elects to terminate this Ground Lease pursuant to Section 20.2, in which event the award or settlement shall be fairly allocated to compensate Landlord for its loss in accordance with Applicable Laws. In the event of a partial taking of the Improvements, the Tenant’s Property and/or FacilityFacility not resulting in a termination of this Ground Lease pursuant to Section 20.2, the entire award or settlement shall be paid to the Tenant. In the event of a partial taking of the Project Site, the Tenant will be entitled to receive the portion of the award attributable to (i) the value of the portion of the Facility, Improvements and the Tenant’s Property located in the portion of the Project Site so taken, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) damage to the remaining Facility, and the Tenant will promptly restore the remaining portion of the Facility to the extent of the award payable to the Tenant. Nothing contained herein shall prohibit the Tenant’s claiming relocation damages or damages for lost profits or loss of leasehold advantage against the taking authority in any appropriate proceeding.

Allocation of Award. Subject to Section 23.8, in the event of a complete In any taking pursuant to Section 20.1, the Tenant will be entitled to receive the portion of the condemnation award (Demised Premises, or settlement) attributable to (i) the value of the Facility and Improvements and Landlord’s Improvementsany portion thereof, and fixtures and other property located on the Project Site so takenwhether or not this Lease is terminated as in this Article provided, plus (ii) without duplication with clause (i) above, the value of the leasehold estate and leasehold advantage in the portion of the Project Site so taken, plus (iii) other compensation or benefits paid as a consequence of the interruption of the Tenant’s business and the other costs and expenses incurred by the Tenant as a consequence of such taking (if any such compensation or benefits are paid by the applicable taking authority) and the Landlord shall be entitled to recover that portion of the condemnation award (or settlement) fairly attributable to the value of the land taken. In the event Tenant’s Property, the Improvements or the Facility are not taken, the Tenant shall not be entitled to any portion of the award, and in award for the event no Landlord’s property is taken, the Landlord shall not be entitled to any portion of the award. In the event of a partial taking of the Demised Premises or damage to the Improvements, all such award, damages, consequential damages and compensation being hereby assigned to Landlord, and Tenant hereby waives any right it now has or may have under present or future law to receive any separate award of damages for its interest in the Demised Premises, or any portion thereof, or its interest in this Lease, except that Tenant shall have, nevertheless, the limited right to prove in the Proceedings and to receive any separate award or payment which may be made for damages to or condemnation of Tenant’s Property and/or Facility, the entire movable trade fixtures and equipment and for relocation or moving expenses so long as such claims by Tenant do not reduce Landlord’s award or settlement shall below what it would be paid absent such claim. Notwithstanding anything to the Tenant. In contrary contained in this Article, if the event of a partial taking whole or any substantial part of the Project SiteDemised Premises is taken under the power of eminent domain after Tenant, at its sole cost and expense, shall have made any improvements or alterations to the Demised Premises pursuant to Article XIX hereof which have increased the value of the Demised Premises in excess of $100,000.00 (as measured by the condemning authority), then Landlord shall compensate Tenant will be entitled for such taking out of any proceeds payable to receive Landlord under any condemnation award in an amount equal to the unamortized portion of any such increase in valuation of the Demised Premises attributable to expenditures incurred by Tenant for improvements or alterations which it shall have made to the Demised Premises, as aforesaid; provided, however, in no event shall Tenant’s share of the condemnation award exceed the lesser of (i) that portion of the award reasonably attributable to (i) improvements or alterations to the value of the portion of the Facility, Improvements Demised Premises made by Tenant and Tenant’s Property located in the portion of the Project Site so taken, plus (ii) without duplication the actual expenditures incurred by Tenant with clause (i) aboverespect to any such alterations or improvements. The unamortized portion of any increase in the valuation in excess of $100,000.00 of the Demised Premises attributable to expenditures incurred by Tenant for improving or altering the Demised Premises shall be determined by multiplying the amount of such increase in valuation by a fraction, the value numerator of which shall be the number of months of the leasehold estate and leasehold advantage in remaining Term at the portion time of the Project Site so taken, plus (iii) damage to the remaining Facilitytaking, and the Tenant will promptly restore denominator of which shall be the remaining portion number of months constituting the useful life of said improvements or alterations to the Demised Premises measured at the time of the Facility completion of the improvements or alterations to the extent of the award payable to the Demised Premises made by Tenant. Nothing contained herein shall prohibit the Tenant’s claiming relocation damages or damages for lost profits or loss of leasehold advantage against the taking authority in any appropriate proceeding.