Common use of Apportionment of Award Clause in Contracts

Apportionment of Award. If there occurs a Taking, whether whole or partial, Landlord and Tenant shall 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, or as may be otherwise agreed, taking into consideration the fact that Landlord’s interest in the Premises is limited to the Premises, as encumbered by this Lease, a reversionary interest in Tenant’s Improvements (exclusive of Tenant’s Moveable Property) upon the expiration of the Term, and the right to receive rent hereunder. If the Premises shall be restored as herein provided, Tenant shall first be entitled to recover the costs and expenses incurred in such restoration out of any such award. Thereafter, if the condemning authority does not make separate awards and the parties are unable to agree as to amounts that are to be allocated to the respective interests of Landlord and Tenant, then each party shall select an Appraiser (as defined in paragraph 3(b) above). Each Appraiser shall separately determine the amount of the balance of the condemnation award that is to be allocated to the interests of Landlord and Tenant. If the percentage of the balance of the total award each Appraiser allocates to Landlord (a) are within 10% of each other, the two (2) allocations shall be averaged and such average shall be the final allocation of the award, or (b) are not within 10% of each other, the two Appraisers shall then select a third Appraiser who shall independently allocate the award between Landlord and Tenant, and the middle of such three (3) allocations shall be the final allocation of the award.

Apportionment of Award. If there occurs Any Award made as a Taking, whether whole result of Total Taking or partial, Landlord and Tenant Partial Taking shall be entitled to paid as follows: A. Landlord shall receive and retain such separate awards and portions that portion of lump sum awards as may be allocated to their respective interests in any condemnation proceedings, or as may be otherwise agreed, taking into consideration the fact Award made for that Landlord’s interest in part of the Premises is limited to the Premises, taken (valued as unimproved and encumbered by this Lease); B. Tenant shall receive that portion of any Award made for a taking of any Improvements, Tenant’s Trade Fixtures and/or Tenant’s personal property, Building Service Equipment (as defined below) and that portion of any Award made for taking Tenant’s Estate (including any so-called “leasehold bonus value”); C. The remainder of the Award, if any, shall be allocated as follows: (i) Tenant shall receive the portion of the Award (if any) payable for restoration of the Improvements and any Building Service Equipment, a reversionary interest in Tenant’s Improvements (exclusive taking of Tenant’s Moveable Propertypersonal property and/or Trade Fixtures, for interruption of Tenant’s business, for Tenant’s relocation costs, and/or for loss of Tenant’s goodwill; (ii) upon the expiration portion of the Term, and the right to receive rent hereunder. If the Premises Award payable as severance damages upon a Partial Taking (if any) shall be restored as herein provided, Tenant shall first be entitled to recover the costs and expenses incurred in such restoration out of any such award. Thereafter, if the condemning authority does not make separate awards and the parties are unable to agree as to amounts that are to be allocated to the respective interests of Landlord and Tenant, then each party shall select an Appraiser (as defined in paragraph 3(b) above). Each Appraiser shall separately determine the amount of the balance of the condemnation award that is to be allocated to the interests of Landlord and Tenant. If the percentage of the balance of the total award each Appraiser allocates to Landlord (a) are within 10% of each other, the two (2) allocations shall be averaged and such average shall be the final allocation of the award, or (b) are not within 10% of each other, the two Appraisers shall then select a third Appraiser who shall independently allocate the award equitably apportioned between Landlord and Tenant, and Tenant so that Tenant receives the middle portion of such three severance damages which is fairly attributable to any impairment of Tenant’s use of the portion of the Property not taken during the then remainder of the Lease Term; and (3iii) allocations any Award of attorneys’ fees and expenses and/or court costs made in any Condemnation proceeding shall be received by the final allocation party (ies) who paid or incurred the expense in question. Tenant shall be solely liable for any portion of the awardAward that my be payable to subtenants and any sublease of the Premises.

Apportionment of Award. If there occurs Any Award made as a Taking, whether whole result of a Total ---------------------- Taking or partial, Partial Taking shrill be paid as follows: A. Landlord and Tenant shall be entitled to receive and retain such separate awards and portions that portion of lump sum awards as may be allocated to their respective interests in any condemnation proceedings, or as may be otherwise agreed, taking into consideration the fact Award made for that Landlord’s interest in part of the Premises is limited to the Premises, taken (valued as unimproved and encumbered by this Lease); B. Tenant shall receive that portion of any Award made for a taking of any Improvements and that portion of any Award made for a taking of Tenant's Estate (including any so-called "leasehold bonus value"); C. The remainder of the Award, if any, shall be allocated as follows: (i) Tenant shall receive the portion of the Award (if any) payable for restoration of the Improvements and Building Service Equipment, a reversionary interest in Tenant’s Improvements (exclusive taking of Tenant’s Moveable Property's personal property or Trade Fixtures, for interruption of Tenant's business, for Tenant's relocation costs, and/or for loss of Tenant's goodwill; (ii) upon each subtenant of Tenant shall receive the expiration portion of the TermAward (if any) payable for a taking of said subtenant's personal property or Trade Fixtures (and for said subtenant's relocation costs, and loss of goodwill, or loss due to interruption of business if, but only if, its sublease so provides); (iii) the right to receive rent hereunder. If portion of the Premises Award payable as severance damages upon a Partial Taking (if any) shall be restored as herein provided, Tenant shall first be entitled to recover the costs and expenses incurred in such restoration out of any such award. Thereafter, if the condemning authority does not make separate awards and the parties are unable to agree as to amounts that are to be allocated to the respective interests of Landlord and Tenant, then each party shall select an Appraiser (as defined in paragraph 3(b) above). Each Appraiser shall separately determine the amount of the balance of the condemnation award that is to be allocated to the interests of Landlord and Tenant. If the percentage of the balance of the total award each Appraiser allocates to Landlord (a) are within 10% of each other, the two (2) allocations shall be averaged and such average shall be the final allocation of the award, or (b) are not within 10% of each other, the two Appraisers shall then select a third Appraiser who shall independently allocate the award equitably apportioned between Landlord and Tenant, and Tenant so that Tenant receives the middle portion of such three severance damages which is fairly attributable to any impairment of Tenant's use of the portion of the Property not taken during the then remainder of the Lease Term; and (3iv) allocations any Award of attorneys' fees and expenses and/or court costs made in any Condemnation proceeding shall be received by the final allocation of party(ies) who paid or incurred the awardexpense in question.

Apportionment of Award. If there occurs is a Taking, whether whole or partial, Landlord and Tenant shall 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, or as may be otherwise agreed, taking into consideration the fact that Landlord’s 's interest in the Leased Premises is limited to the Premisesland (exclusive of the Improvements), as encumbered by this Lease, and a reversionary interest in Tenant’s Improvements the Leased Premises (exclusive of Tenant’s Moveable Propertyincluding the Improvements) upon the expiration of the Term, and the right to receive rent hereunder. If the Leased Premises shall be restored as herein providedis contemplated in Section 10.2 above, Tenant shall first be entitled to recover the costs and expenses incurred in such restoration out of any such awardNet Condemnation Award. Thereafter, if the condemning authority does not make separate awards and awards, the parties Parties agree that any Net Condemnation Award will be allocated on a proportionate basis. If the Parties are unable to agree as to amounts that are to be allocated to the respective interests exact amount of Landlord and Tenantsuch allocation, then each party Party shall select an Appraiser independent M.A.I. real estate appraiser (as defined in paragraph 3(b) abovean "Appraiser"). Each Appraiser shall separately determine the amount of the balance of the condemnation award Net Condemnation Award that is to be allocated to the interests of Landlord and Tenanteach Party. If the percentage of the balance of the total award Net Condemnation Award each Appraiser allocates to Landlord Landlord (a) are within ten percent (10% %) of each other, the two (2) allocations shall be averaged averaged, and such average shall be the final allocation of the awardNet Condemnation Award, or (b) are not within ten percent (10% %) of each other, the two Appraisers shall then select a third Appraiser Appraiser, who shall independently allocate the award Net Condemnation Award between Landlord and Tenant, and the middle of such three (3) allocations shall be the final allocation of the awardNet Condemnation Award.