Allocation of Awards. Unless otherwise agreed to by the Parties as part of any cost-sharing arrangement, any recoveries resulting from an action under this Section 8.3 relating to a claim of Third Party Infringement with respect to Xxxxxxx Patent Rights (after payment of costs and expenses relating to such action incurred by each Party) will be […***…]; provided, however, that, if Company brought and controlled such action, […***…].
Allocation of Awards. All monetary damages awarded to the parties in any action against a third party under this Section 10 shall be used first to reimburse the costs incurred by the party or parties prosecuting or defending such action, and any excess shall be allocated as follows: (i) any amount that is attributable to a Product within the Territory shall be treated as Net Sales, and (ii) any amount that is explicitly attributable to a subject matter other than the Product shall be remitted to the party who owns the intellectual property at issue.
Allocation of Awards. Lessor and Lessee shall each be entitled to receive and retain such separate awards and portions of lump sum awards as may be allocated to their respective interests in any condemnation proceedings. The termination of this lease shall not affect the rights of the respective parties to such awards.
Allocation of Awards. Lessor alone shall be entitled to negotiate, receive and retain all condemnation proceeds and awards and Lessee shall make no claim with respect thereto provided that Lessee may make a separate claim for the value of any leasehold improvements made by Lessee and any trade fixtures which cannot be removed from the Premises in a commercially practicable manner, such right to claim being hereby assigned to Lessor.
Allocation of Awards. Landlord shall be entitled to the entire award for any Taking, including any award made for the value of the leasehold estate created by this Lease. No award for any partial or total Taking shall be apportioned, and Tenant hereby assigns to Landlord its share, if any, of any award made in any Taking of the Property or the estate created by this Lease, together with any and all rights of Tenant now or hereafter arising in or to such award or any part thereof.
Allocation of Awards. In the event of any such taking or private purchase in lieu thereof, Landlord and Tenant shall each be entitled to receive and retain such separate awards and/or portion of lump sum awards as may be allocated to their respective interests in any condemnation proceedings.
Allocation of Awards. The awards received by the Insurance Trustee pursuant to §10.1 shall be allocated by the Architect among the Owners in that proportion which the damage to each Owner’s Parcel and to all easements and other appurtenances thereto shall bear to the damage to all of the Parcels and the easements and other appurtenances thereto, taking into account the allocation provided for in Article XXIII and Exhibit “D”, and the award shall be distributed by the Insurance Trustee to the respective Owners (or to any lessee or mortgagee to whom any Owner’s rights to such award are assigned pursuant to §17.4) in accordance with such allocation, subject, however, to the provisions of §10.4 and §10.5. If the damages to each Owner’s Parcel and the easements and other appurtenances thereto shall have been determined by a court of law or equity in connection with the taking proceeding, then, subject to any right of appeal, such determination shall be conclusive as to the proportions of the total award to be allocated to each of the Owners pursuant to this §10.2, in lieu of application of the preceding sentence. Notwithstanding the foregoing, all condemnation proceeds allocated to any Owner shall first be paid to the Insurance Trustee, for utilization pursuant to §10.4 in funding repair and restoration, and §10.3 and §10.4 shall control the timing and amount of any subsequent distribution to the Owners.
Allocation of Awards. In the event of either a Partial or Total Taking of the Leased Premises. Lessor shall be entitled to that portion of the entire award (subject to the rights of any Approved Encumbrancer) made with respect to the then discounted present value of Rent (provided that discounted present value of Rent will be determined to be zero after payment of the Prepaid Rent Amount is made to Lessor) payable under this Lease for the remainder of the Lease Term, and the then discounted present value of the residual value of the Leased Premises to Lessor upon the termination of this Lease. Lessee, or any Approved Encumbrancer, as their interests may appear, shall be entitled to that portion of the entire award made with respect to the taking of the improvements erected on the Leased Premises by Lessee and with respect to Lessee’s leasehold interest in the Leased Premises (which interest shall be the total value of the Leased Premises minus Lessor’s interest in the Leased Premises as set forth above). All compensation and damages awarded for the taking of the Leased Premises or the improvements or any portion thereof shall, except as otherwise herein provided, and except as to such compensation as may be deemed “relocation benefits”, belong to and be the sole property of Lessor.
Allocation of Awards. Sublessor shall be entitled to receive and retain all proceeds payable for a taking of the leasehold estate and improvements located on the Subleased Premises. Sublessee shall be entitled to receive and retain any separate awards for loss of profits and moving expenses. The termination of this Agreement shall not affect the rights of the respective parties to such awards.
Allocation of Awards. If a condemnation or casualty occurs after the date hereof and this Agreement is not terminated as provided for in Section 15.1, then this Agreement shall remain in full force and effect and Seller shall proceed with construction of the Shell Building Improvements (including restoration of any damaged portions thereof) and the Buyer shall pay the Purchase Price without reduction, and in the case of a condemnation, at the Closing:
(a) if any condemnation award has been paid to Seller prior to Closing, Buyer shall receive a credit at Closing equal to (i) the amount of any such award on account of such condemnation, less (ii) an amount equal to the Seller-Allocated Amounts; and
(b) to the extent that any such award has not been paid to Seller prior to Closing, Seller shall assign to Buyer at the Closing (without recourse to Seller) the rights of Seller to, and Buyer shall be entitled to receive and retain any such award; provided, however, that promptly following receipt of such awards or proceeds, Buyer shall pay to Seller an amount equal to the Seller-Allocated Amounts not previously paid to Seller.
