Allocation of Portion of Award. The total Award made with respect to all or any portion of the Leased Property or for loss of rent, or for loss of business, whether or not beyond the Term of this Lease, or for the loss of value of the leasehold (including the bonus value of the Lease) shall be solely the property of and payable to Lessor and Lessee hereby assigns to Lessor any and all rights in such Award; provided, however, that Lessee shall be entitled to make a separate claim for the taking of Lessee's Personal Property and relocation expense as long as any such claim will not in any way diminish Lessor's Award, or for any other loss that can be awarded to Lessee separately from Lessor's claim and which will not in any respect whatsoever diminish or threaten to diminish the total amounts to be awarded to Lessor, as set forth above or otherwise. To the extent Lessee's claim may thereafter reduce Lessor's claim, Lessee shall, and hereby does, assign its claim to Lessor. In any Condemnation proceedings, each of the Lessor and Lessee shall seek its own claim in conformity herewith, at its own expense.
Allocation of Portion of Award. The Award made with respect to the Taking of all or any portion of any Leased Property or for loss of rent shall be the property of and payable to Landlord up to the sum of (a) all costs and expenses reasonably incurred and documented by Landlord in connection with the Taking, (b) any loss of Rent suffered by Landlord as a result of the Taking (except for any Rent accruing after the completion of a purchase by Tenant of the affected Facility upon a Partial Taking as hereinafter provided) and (c) in the case of a Taking of the entire Facility, the Facility Purchase Price as of the time possession is delivered to the Condemnor. To the extent that the laws of the State in which the applicable Facility is located permit Tenant to make a claim for Tenant's leasehold interest, moving expenses, loss of goodwill or business, and Tenant's claim does not have the effect, directly or indirectly, of reducing Landlord's claim, Tenant shall have the right to pursue such claim in the Taking proceeding and shall be entitled to the Award therefor. In any Taking proceedings, Landlord and Tenant shall each seek its own Award, at its own expense.
Allocation of Portion of Award. Subject to the rights of any Facility Mortgagee, the total Condemnation Award made with respect to all or any portion of the Property shall be distributed to Landlord and Tenant ratably in accordance with the value of their respective interests in and to such Property as hereafter set forth in this Section 16.4. All of the Award shall be the sole and exclusive property of Landlord and shall be payable to Landlord, subject to the rights of any Facility Mortgagee; provided that any portion of such Condemnation Award which is expressly allocated by the Condemnor to the taking of Tenant's leasehold interest in the Property, Tenant's Share of Appreciation Amount (if any), the taking of any Capital Additions (or any portion thereof) paid for by Tenant, any loss of business by Tenant during the remaining Term of this Lease, the taking of Tenant's Personal Property, or any removal and relocation expenses of Tenant in any such proceedings shall be the sole property of and payable to Tenant. In any Condemnation proceedings Landlord and Tenant each shall seek their own Award in conformity herewith, at their own expense.
Allocation of Portion of Award. Any Award made with respect to all or any portion of the Leased Property or for loss of rent, or for loss of business, whether or not beyond the Term of this Lease, or for the loss of value of the leasehold (including the bonus value of the Lease) shall be solely the property of and payable to Lessor. Lessee shall be entitled to make a separate claim for the taking of Lessee's Personal Property (as long as such claim will not diminish Lessor's Award), for the removal or relocation expenses of Lessee (as long as such claim will not diminish Lessor's Award), or for any other loss that can be awarded to Lessee separately from Lessor's claim and which will not in any respect whatsoever diminish or threaten to diminish the total amounts to be awarded to Lessor as set forth above or otherwise for Lessee's full fee simple interest in the Leased Property. In any Condemnation proceedings, each of the Lessor and Lessee shall each seek its own claim in conformity herewith, at its own expense. Lessor's obligation to contribute part of its Award for restoration is set forth in Section 15.5, below. -24-
Allocation of Portion of Award. The Condemnation Award made with respect to all or any portion of a Leased Property or for loss of rent shall be the property of and payable to Lessor to the extent of the Minimum Purchase Price. To the extent that the laws of the State
Allocation of Portion of Award. Subject to the rights of any Facility Mortgagee, the total Condemnation Award made with respect to all or any portion of the Property shall be distributed to Landlord and Tenant ratably in accordance with the value of their respective interests in and to such Property as hereafter set forth in this Section 16.4. All of the Award shall be the sole and exclusive property of Landlord and shall be payable to Landlord,
Allocation of Portion of Award. The Condemnation Award made with respect to all or any portion of a Leased Property or for loss of rent shall be the property of and payable to Lessor to the extent of the Minimum Purchase Price. To the extent that the laws of the State permit Lessee to make a claim which does not have the effect, directly or indirectly, of reducing Lessor's claim, for Lessee's leasehold interest, moving expenses, or for loss of goodwill or Lessee's business, Lessee shall have the right to pursue such claim in the Condemnation proceeding and shall be entitled to the Award therefor ("Lessee's Leasehold Award"). Lessee hereby assigns to Lessor its interest in Lessee's Leasehold Award to the extent of the difference between the total Condemnation Award and the Minimum Purchase Price. Any Award made for the taking of Lessee's Personal Property, or for removal and relocation expenses of Lessee in any such proceedings shall be the sole property of and payable to Lessee ("Lessee's Personal Property Award"). In any Condemnation proceedings, Lessor and Lessee shall each seek its own Award in conformity herewith, at its own expense. To assure that Lessor is made whole first from the Condemnation Award, the total of the Condemnation Award payable to Lessor and Lessee's Leasehold Award shall be allocated in the following order of priority: To Lessor, to the extent of the Minimum Purchase Price (plus the amount of any additional capital investments made by Lessor in such Leased Property) as of the date the Award is paid to Lessor; To Lessor, to the extent of Lessor's costs incurred, including reasonable legal fees, in connection with obtaining the Award; and To Lessor and Lessee, in the ratio of seventy five percent (75%) to Lessor and twenty five percent (25%) to Lessee. The provisions of this Section 15.4 shall not apply in the event Lessee purchases the Leased Property pursuant to this Article XV but, in such event, the provisions of Section 15.8 shall control with respect to the disposition of the Condemnation Award.
Allocation of Portion of Award. The total Condemnation Award made with respect to all or any portion of a Facility or for loss of Rent, or for loss of business, shall be solely the property of and payable to Lessor. Nothing contained in this lease shall be deemed to create any additional interest in Lessees, or any right in Lessees to an award for the value of the unexpired Term, for any so-called "bonus value" to Lessees of this lease or for any loss of goodwill. Any Award made for the Taking of Lessees' Personal Property, or for removal and relocation expenses of Lessees in any such proceedings shall be the sole property of, and be payable to Lessees. In any Condemnation proceedings, Lessor and Lessees shall seek their own Awards in conformity herewith, at their own expense.
Allocation of Portion of Award. The Award made with respect to the Condemnation of all or any portion of the Real Estate shall be the property of and payable to Lender up to the sum of (i) all costs and expenses reasonably incurred and documented by Lender in connection with the Condemnation, and (ii) the total indebtedness outstanding under the Loan on the Date of Taking.
Allocation of Portion of Award. The Condemnation Award made with respect to all or any portion of a Leased Property or for loss of rent shall be the property of and payable to Lessor to the extent of the Minimum Purchase Price. To the extent that the laws of the State permit Lessee to make a claim which does not have the effect, directly or indirectly, of reducing Lessor’s claim, for Lessee’s leasehold interest, moving expenses, or for loss of goodwill or Lessee’s business, Lessee shall have the right to pursue such claim in the Condemnation proceeding and shall be entitled to the Award therefor (“Lessee’s Leasehold Award”). Lessee hereby assigns to Lessor its interest in Lessee’s Leasehold Award to the extent of the difference between the total Condemnation Award and the Minimum Purchase Price. Any Award made for the taking of Lessee’s Personal Property, or for removal and relocation expenses of Lessee in any such proceedings shall be the sole property of and payable to Lessee (“
