Allocation of Condemnation Award. No award for any partial or total taking shall be apportioned. Lessee hereby assigns to Lessor its interest, if any, in any award which may be made as a result of any Condemnation, without regard to whether this Lease is terminated, except for any separate award made to Lessee for Lessee’s moving costs or loss of Lessee’s business goodwill. Any condemnation award(s) and/or payment(s) for the taking or damaging of all or any portion of the Premises under the power of eminent domain, or any payment made under threat of the exercise of such power, shall be the sole and exclusive property of Lessor, whether such award shall be made as compensation for the taking of all or any portion of the Premises or any portion of the land on which the Premises are located, diminution in value of the leasehold (including without limitation any “bonus value” of the Lease), the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to compensation separately awarded to it, if any, for Lessee’s relocation expenses and/or loss of business goodwill. All “improvements pertaining to the realty” as defined in the Eminent Domain Law (Code of Civil Procedure sections 1230.10 et seq.), which Lessee specifically acknowledges and agrees shall include without limitation Alterations and Utility Installations made to the Premises by Lessee, and all fixtures that cannot be removed without doing material damage to the Premises, shall, for purposes of Condemnation, be considered the property of the Lessor and Lessor shall be entitled to any and all compensation which is payable therefor.
Allocation of Condemnation Award. Any and all payment, income, award, or any interest whatsoever which may be paid or made in connection with the taking of any part of the Premises or proceeds from the sale made under the threat of the exercise of the power of eminent domain, shall be the property of County, whether made as compensation for diminution of value of the leasehold estate, for the taking of the fee, or as severance damage; provided, however, that Lessee shall be entitled to any award for loss of or damage to Lessee’s Improvements, Personal Property and business good will.
Allocation of Condemnation Award. In the event of such a -------------------------------- condemnation of the whole or a part of the Demised Premises, Lessor shall have the unqualified right to pursue its remedies against the condemnor for the full value of Lessor's fee interest and other property interests in and to the Demised Premises. Similarly, Lessee shall have the unqualified right to pursue its remedies against the condemnor for the full value of Lessee's leasehold interest and other property interest in and to the Demised Premises. If the laws of the state in which the Demised Premises are located allow or require the recovery from the condemnor to be paid into a common fund or to be paid to Lessor only, and if such recovery is so paid into such common fund or to Lessor only, then in that event the recovery so paid shall be apportioned between the parties according to the value of their respective property interests as they existed on the date of such condemnation. The provisions of this Article 13.3 shall survive any termination of this Lease pursuant to the provisions of Articles 13.1 or 13.2 hereinabove.
Allocation of Condemnation Award. In the event of a permanent condemnation or taking of all or part of the Site, the District shall be entitled to any and all awards which may be made in such taking or condemnation relating to all interests, including the fee title, to the Site. Nothing contained in this Article 15 shall be deemed to give the District any interest in or to require CLCS Charter Schools to assign to the District any separate award as designated by the condemning authority made to CLCS Charter Schools for (i) the taking of CLCS Charter Schools’ tangible property, (ii) interruption of or damage to CLCS Charter Schools’ business, or (iii) amounts attributable to CLCS Charter Schools’ relocation expenses.
Allocation of Condemnation Award. If the whole or a part of the Premises is taken by condemnation, Landlord shall have the unqualified right to pursue its remedies against the condemnor for the full value of Landlord’s fee interest and other property interests in and to the Premises. Similarly, Tenant shall have the unqualified right to pursue its remedies against the condemnor for the full value of Tenant’s leasehold interest and other property interests in and to the Premises. If the laws of the state in which the Premises are located allow or require the recovery from the condemnor to be paid into a common fund or to be paid to Landlord only, and if such recovery is so paid into a common fund or to Landlord only, then the recovery so paid shall be apportioned between the parties according to the value of their respective property interests as they existed on the date of the condemnation, giving due consideration for the number of years remaining in the Term and the condition of the buildings and other Improvements comprising the Premises. Tenant shall not be entitled to share in any awards to Landlord for the value of any land owned by Landlord, which is the subject of the taking. The provisions of this Section 16.3 shall survive any termination of this Lease pursuant to the provisions of Section 16.1 or 16.2.
Allocation of Condemnation Award. Rent Reduction in Case of Partial Taking................... 20
Allocation of Condemnation Award. Except as provided in 11.9 (Temporary Condemnation) and 11.10 (
Allocation of Condemnation Award. Except as provided in last paragraph of Section 10.6.2 and in Sections 10.10 and 10.11, all Condemnation Awards to either Landlord or Tenant on account of a Condemnation, net of (less) reasonable costs, fees and expenses incurred by either Landlord or Tenant as applicable (including, without limitation, reasonable attorneys’ fees and costs) in the collection thereof (“Net Condemnation Award”), shall be allocated between Landlord and Tenant as follows, and subject to the rights of any Mortgagee of a Mortgage permitted in accordance with Article 34 (as and to the extent provided in such Mortgage):
10.8.1 First, to Landlord for the payment of all accrued and unpaid Rent (i.e. Rent payable on any date occurring on or before the Condemnation Date).
10.8.2 Second, in the event of a Partial Condemnation, or in the event of a Substantial Condemnation for which Tenant does not elect to terminate this Lease pursuant to Section 10.6, Tenant shall furnish to Landlord evidence satisfactory to Landlord of the total Condemnation Restoration Cost of the Restoration required by Section 10.9. Upon Landlord’s written approval of such Condemnation Restoration Cost, which approval shall not be unreasonably withheld, conditioned or delayed, the portion of the Net Condemnation Award allocable to such Restoration shall be deposited with the Depositary to be held and applied to pay the Condemnation Restoration Cost pursuant to Section 10.9 or, in the event that such Restoration has already been Completed, shall be payable to Tenant.
10.8.3 Third, to the Landlord for the value of the condemned land (comprising the Property) only, considered as unimproved by the Improvements and encumbered by this Lease and subject to the particular uses of the Premises existing immediately prior to the Condemnation Date, and without reference to, or inclusion of, Landlord’s reversionary interest in the value of the Improvements (the “Condemned Land Value”);
10.8.4 Fourth, to any Mortgagee pursuant to a Mortgage permitted under Article 34, as and to the extent provided in such Mortgage, for payment of all sums secured by its Mortgage that remain outstanding, together with its reasonable out-of-pocket expenses and charges in collecting such portion of the Condemnation Award, including without limitation its reasonable attorneys fees incurred in such collection.
10.8.5 Fifth, Tenant shall receive an amount equal to the value of Tenant’s leasehold interest in this Lease, not including the value of the...
Allocation of Condemnation Award. If any taking or condemnation occurs in a judicial proceeding in which specific condemnation awards are made separately to Landlord and Tenant, then in that event such condemnation awards shall be binding upon Landlord and Tenant, and shall limit and define the rights of each party in and to such condemnation awards. Both Landlord and Tenant may seek a condemnation award for their respective interests. Condemnation awards awarded by virtue of the taking or condemnation of all or any part of the Improvements and/or the Demised Premises, whether by consent of the parties or any judicial proceeding, where condemnation awards are not made to Landlord and Tenant separately, shall be divided between Landlord and Tenant giving consideration to the value of the rights and interests of each party in and to the Improvements and the Demised Premises. Tenant may claim and recover from such lawful authority causing the taking or condemnation, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant or Tenant’s subtenants, in their own right on account of any and all damages to Tenant’s and Tenant’s subtenants’ businesses by reason of such taking or condemnation, and any condemnation award which may be made under federal, state or local law for moving expenses, for the taking of personal property, or for damages for business interruption or displacement.
Allocation of Condemnation Award. In the event of Condemnation of a material part of the Leased Premises and a termination of this Agreement, the amount of any Condemnation Award shall belong to the PFD, and the Club shall not be entitled to any award or any part thereof for its rights, interest, or estates hereby granted which are so condemned or effected by such eminent domain proceedings, except to the extent of the following: The Club shall receive out of the Condemnation Award paid on account of the Condemnation
(a) the value, amortized over the Term of this Agreement all Club Creditable Contributions to the CapEx Fund, or in excess of the CapEx Fund, previously expended for CapEx Work to the Leased Premises,
(b) the Club’s moving expenses to another facility and (c) the value of the Club’s fixtures installed in the Leased Premises. The Club shall be entitled to be paid this portion of the award from the PFD or from the awarding authority, depending on how and to whom the award is paid. The PFD expressly permits the Club to make a claim to the condemning authority for such amount in any appropriate proceeding. The Club shall have the right at its expense to be represented by counsel of its choosing in any Condemnation proceedings.
