Common use of Condemnation and Casualty Clause in Contracts

Condemnation and Casualty. (a) Tenant hereby assigns to Landlord any award, compensation, insurance proceeds or other payment to which Tenant may become entitled by reason of its interest in the Leased Property, other than any award, compensation or insurance payment made to Tenant for interruption of business, for moving expenses or for any inventory, fixtures, machinery, equipment or other personal property belonging to Tenant, (hereinafter referred to as "Tenant's Loss") (i) if the Leased Property, or any portion thereof, is damaged or destroyed by fire or other casualty or cause, or (ii) by reason of any condemnation, requisition or other taking or sale of the use, occupancy or title to the Leased Property or any portion thereof in, by or on account of any actual or threatened eminent domain proceeding or other action by any governmental authority or other person having the power of eminent domain. Subject to the consent of Landlord, which consent shall not be unreasonably withheld, Tenant is hereby authorized and empowered, at its cost and expense, in the name and behalf of Landlord, Tenant or otherwise, to appear in any such proceeding or other action, to negotiate, accept and prosecute any claim for any award, compensation, insurance proceeds or other payment on account of any such loss, damage, destruction, condemnation, requisition or other taking or sale, and to cause any such award, compensation, insurance proceeds or other payment to be paid to Landlord, except that Tenant shall be entitled to submit a claim for Tenant's Loss and retain any award applicable thereto. All amounts so paid or payable to Landlord or Tenant shall be retained or paid over to the party entitled thereto in accordance with the provisions of this Article 12. Tenant shall take all appropriate action in connection with each such claim, proceeding or other action, and shall pay all costs and expenses in connection therewith. Notwithstanding the foregoing, Landlord may participate in all such proceedings in all respects.

Condemnation and Casualty. (a) Tenant hereby 16.1 Lessee irrevocably assigns to Landlord any award, compensation, insurance proceeds or other payment to which Tenant may become entitled by reason of its interest in the Leased Property, other than Lessor any award, compensation or insurance payment made to Tenant for interruption which Lessee may become entitled by reason of business, for moving expenses or for any inventory, fixtures, machinery, equipment or other personal property belonging to Tenant, Lessee's interest in the Leased Premises (hereinafter referred to as "Tenant's Loss") (ia) if the Leased Property, use or any portion thereof, is damaged or destroyed by fire or other casualty or cause, or (ii) by reason occupancy of any condemnation, requisition or other taking or sale of the use, occupancy or title to the Leased Property Premises, or any portion thereof inpart of or interest in the Leased Premises, by is taken, requisitioned or on account sold because of any actual or threatened eminent domain proceeding or other action by any governmental authority or other person having the power of eminent domain. Subject to domain (collectively, a "CONDEMNATION") or (b) if the consent of Landlord, which consent shall not be unreasonably withheld, Tenant is hereby authorized and empowered, at its cost and expenseLeased Premises are damaged or destroyed, in the name and behalf of Landlordwhole or in part, Tenant by fire, flood or otherwiseother casualty (collectively, to a "CASUALTY"). Lessor may appear in any such proceeding or other proceeding, action, to negotiation, prosecution or adjustment and negotiate, accept prosecute and prosecute adjust any claim for any award, compensation, compensation or insurance proceeds or other payment on account of any such loss, damage, destruction, condemnation, requisition Condemnation or other taking or saleCasualty, and to cause Lessor shall collect any such award, compensation, compensation or insurance proceeds or other payment to be paid to Landlord, except that Tenant shall be entitled to submit a claim for Tenant's Loss and retain any award applicable theretopayment. All amounts so paid or payable to Landlord or Tenant shall be retained or paid over to the party entitled thereto in accordance with the provisions of this Article 12. Tenant shall take all appropriate action in connection with each such claim, proceeding any Condemnation or other actionCasualty shall be applied pursuant to this Section 16, and shall pay all of those amounts (minus the reasonable and necessary expense of collecting such amounts) are referred to as the "NET PROCEEDS." Lessor may advance any reasonable and necessary costs and expenses in connection therewithwith any proceeding, action, negotiation, prosecution and adjustment. Notwithstanding the foregoingThe reasonable and necessary costs and expenses so advanced by Lessor shall be reimbursed out of any award, Landlord may compensation or insurance payment received. Lessee shall not be entitled to participate in all any such proceedings proceeding, action, negotiation, prosecution or adjustment, provided that Lessee preserves its right to pursue a separate claim or claims as set forth in all respectsthe following sentence. Nothing in this Lease shall impair Lessee's right to negotiate, prosecute, obtain and/or collect any separate award or payment relative to any of Lessee's lost profits, damage to Lessee's business, trade fixtures, equipment and personal property or Lessee's moving and relocation expenses, but in no event shall any claim of Lessee be based upon the value of Lessee's leasehold interest.

Condemnation and Casualty. (a) Tenant Lessee hereby assigns to Landlord Lessor any award, compensation, insurance proceeds or other payment to which Tenant Lessee may become entitled by reason of its interest in the Leased Property, other than any award, compensation or insurance payment made to Tenant for interruption of business, for moving expenses or for any inventory, fixtures, machinery, equipment or other personal property belonging to Tenant, (hereinafter referred to as "Tenant's Loss") Property (i) if the Leased Property, or any portion thereof, is damaged or destroyed by fire or other casualty or cause, or (ii) by reason of any condemnation, requisition or other taking or sale of the use, occupancy or title to the Leased Property or any portion thereof in, by or on account of any actual or threatened eminent domain proceeding or other action by any governmental authority authority, civil or military, or other person Person having the power of eminent domain. Subject to the consent So long as there is no Event of LandlordDefault continuing hereunder, which consent shall not be unreasonably withheld, Tenant Lessee is hereby authorized and empoweredempowered to, at its cost and expense, in the name and behalf of LandlordLessor, Tenant Lessee, or otherwise, to appear in any such proceeding or other action, to negotiate, accept and prosecute any claim for any award, compensation, insurance proceeds or other payment on account of any such loss, damage, damage or destruction, condemnation, requisition or other taking or sale, sale and to cause any such award, compensation, insurance proceeds or other payment to be paid to LandlordLessor. Furthermore, except that Tenant Lessee shall use reasonable efforts to achieve the maximum award obtainable under the circumstances. Lessor and Beneficiary may, at their respective cost and expense (unless an Event of Default shall have occurred and be continuing in which event such appearance shall be entitled to submit at Lessee's sole cost and expense), appear in any such proceeding or other action, in a claim for Tenant's Loss and retain any award applicable thereto. All amounts so paid or payable to Landlord or Tenant shall be retained or paid over to the party entitled thereto in accordance manner consistent with the provisions of this Article 12foregoing. Tenant To the extent that Lessor or Beneficiary do not appear and act at such proceeding, Lessee shall take all reasonable appropriate action in connection with each such claim, proceeding or other action, and shall pay all its costs and expenses in connection therewith. Notwithstanding In addition, so long as there is no Default or Event of Default existing and continuing hereunder, Lessee, at its sole cost and expense, shall be entitled to submit, negotiate, accept and prosecute a claim for any award, compensation or insurance proceeds or other payment payable to Lessee to the foregoingextent payable for interruption of business, Landlord may participate moving expenses or any property owned by Lessee that is not part of the Leased Property (any such insurance proceeds or other payment payable to Lessee to the extent made for interruption of business, moving expenses or any property owned by Lessee that is not part of the Leased Property hereinafter referred to as Lessee's Loss), and Lessee shall retain any award applicable thereto. All amounts so paid or payable to Lessor or Lessee shall be retained by, or paid over to, the party entitled thereto in all such proceedings in all respectsaccordance with the provisions of this Article 12.

Condemnation and Casualty. (a) Tenant Lessee hereby assigns to Landlord Lessor any award, compensation, insurance proceeds or other payment to which Tenant Lessee may become entitled by reason of its interest in the Leased Property, other than any award, compensation or insurance payment made to Tenant for interruption of business, for moving expenses or for any inventory, fixtures, machinery, equipment or other personal property belonging to Tenant, (hereinafter referred to as "Tenant's Loss") Property (i) if the Leased any Property, or any portion thereof, is damaged or destroyed by fire or other casualty or cause, or (ii) by reason of any condemnation, requisition or other taking or sale of the use, occupancy or title to the Leased any Property or any portion thereof in, by or on account of any actual or threatened eminent domain proceeding or other action by any governmental authority authority, civil or military, or other person Person having the power of eminent domain. Subject to the consent So long as there is no Event of LandlordDefault continuing hereunder, which consent shall not be unreasonably withheld, Tenant Lessee is hereby authorized and empoweredempowered to, at its cost and expense, in the name and behalf of LandlordLessor, Tenant Lessee, Agent Bank or otherwise, to appear in any such proceeding or other action, to negotiate, accept and prosecute any claim for any award, compensation, insurance proceeds or other payment on account of any such loss, damage, damage or destruction, condemnation, requisition or other taking or sale, sale and to cause any such award, compensation, insurance proceeds or other payment to be paid to LandlordLessor. In addition, except that Tenant so long as there is no Event of Default continuing hereunder, Lessee, at its sole cost and expense, shall be entitled to submit submit, negotiate, accept and prosecute a claim for Tenantany award, compensation or insurance proceeds or other payment payable to Lessee to the extent payable for interruption of business, moving expenses or any property owned by Lessee that is not part of any Property (any such insurance proceeds or other payment payable to Lessee to the extent made for interruption of business, moving expenses or any property owned by Lessee that is not part of any Property hereinafter referred to as Lessee's Loss Loss), and Lessee shall retain any award applicable thereto. Furthermore, Lessee shall use reasonable efforts to achieve the maximum award obtainable under the circumstances. Lessor, Agent Bank, Beneficiary and LC Issuer may, at their respective cost and expense (unless (x) an Event of Default shall have occurred and be continuing or (y) any such Person shall reasonably determine that such appearance is necessary to protect its respective rights under the Operative Documents, in which event such appearance shall be at Lessee's sole cost and expense), appear in any such proceeding or other action, in a manner consistent with the foregoing. All amounts so paid or payable to Landlord Lessor or Tenant Lessee shall be retained by, or paid over to to, the party entitled thereto in accordance with the provisions of any Deed of Trust and this Article 12. Tenant To the extent that Lessor, Agent Bank, Beneficiary or LC Issuer do not appear and act at such proceeding, Lessee shall take all reasonable appropriate action in connection with each such claim, proceeding or other action, and shall pay all its costs and expenses in connection therewith. Notwithstanding the foregoing, Landlord may participate in all such proceedings in all respects.

Condemnation and Casualty. (a) Tenant A. Lessee hereby irrevocably assigns to Landlord any award, compensation, insurance proceeds or other payment to which Tenant may become entitled by reason of its interest in the Leased Property, other than Lessor any award, compensation or insurance payment made to Tenant for interruption which Lessee may become entitled by reason of business, for moving expenses or for any inventory, fixtures, machinery, equipment or other personal property belonging to Tenant, (hereinafter referred to as "TenantLessee's Loss") interest in the Premises (i) if the Leased Property, or any portion thereof, is damaged or destroyed by fire or other casualty or cause, or (ii) by reason of any condemnation, requisition or other taking or sale of the use, occupancy or title to of the Leased Property Premises or any portion part thereof is taken, requisitioned or sold in, by or on account of any actual or threatened eminent domain proceeding or other the action by any governmental authority or other person having the power of eminent domain, or (ii) if the Premises or any part thereof are damaged or destroyed by fire, flood or other casualty. Subject to the consent Lessee shall, promptly upon obtaining knowledge of Landlordsuch damage or destruction, which consent shall not be unreasonably withheld, Tenant is hereby authorized and empowered, at its cost and expense, in the name and behalf or of Landlord, Tenant or otherwise, to appear in any such proceeding or other actionaction for the taking or the Premises or any part thereof, notify Lessor of the pendency thereof. Lessor may appear at any proceeding or action to negotiate, accept prosecute and prosecute adjust any claim for any award, compensation, compensation or insurance proceeds or other payment on account of any such loss, damage, destruction, condemnationtaking, requisition or other taking or sale, and to cause Lessor shall collect any such award, compensation, compensation or insurance proceeds or other payment to be paid to Landlord, except that Tenant shall be entitled to submit a claim for Tenant's Loss and retain any award applicable theretopayment. All amounts so paid in connection with any such damage, destruction, taking, requisition or payable to Landlord or Tenant sale shall be retained or paid over applied pursuant to this paragraph, and all such amounts (minus the party entitled thereto in accordance with expense of collecting such amounts) are herein called the provisions of this Article 12Net Proceeds. Tenant Lessor shall take pay all appropriate action reasonable costs and expenses in connection with each such claimproceeding, proceeding or other action, negotiation, prosecution and shall pay all adjustment, for which costs and expenses in connection therewithLessor shall be reimbursed out of any award, compensation or insurance payment received. Notwithstanding the foregoing, Landlord may Lessee shall be entitled to participate in all any such proceedings proceeding, action, negotiation, prosecution or adjustment. The foregoing notwithstanding, nothing in all respectsthis Lease shall impair Lessee's right to any award or payment on account of Lessee's trade fixtures, equipment and other tangible personal property, moving expenses and loss of business, if available, to the extent Lessee shall have a right to make a claim, therefor against the person having the power of eminent domain, but in no event shall any such claim be based upon the value of Lessee's leasehold interest.

Condemnation and Casualty. (a) Tenant hereby Mortgagor irrevocably assigns to Landlord any awardMortgagee all awards, compensation, insurance proceeds compensation or other payment payments to which Tenant Mortgagor may become entitled by reason of its interest in the Leased Property, other than any award, compensation or insurance payment made to Tenant for interruption of business, for moving expenses or for any inventory, fixtures, machinery, equipment or other personal property belonging to Tenant, (hereinafter referred to as "Tenant's Loss") Property (i) if the Leased Property, Improvements or any portion thereof, is Chattels are damaged or destroyed by fire or other casualty or cause, or (ii) by reason of any condemnation, requisition or other taking or sale of the use, occupancy or if title to the Leased Property or Chattels or any portion part thereof in, by or on account of is taken in any actual or threatened eminent domain proceeding or other action proceeding instituted by any governmental authority or other person having the power of eminent domain. Subject All awards, compensation and payments (which, less expenses of collecting the same, are herein called “Net Proceeds”) shall be applied pursuant to this Section 2.8. Mortgagor shall promptly give Mortgagee notice of any fire or other casualty or any proposed taking of all or any portion of the consent Property or Chattels. Mortgagor shall cooperate with Mortgagee in the negotiation of Landlordany proceeding and the amount of any awards, which consent compensation or payments and shall not be unreasonably withheld, Tenant is hereby authorized and empoweredtake any action relating thereto requested by Mortgagee. Mortgagor will permit Mortgagee, at its cost and expenseMortgagee's option (if no Event of Default has occurred, in the name and behalf of Landlord, Tenant or otherwiseafter consultation with Mortgagor), to appear in any such proceeding or other action, to negotiate, accept and prosecute any claim for any award, compensation, insurance proceeds or other payment on account conduct the adjustment of any such loss, damage, destruction, condemnation, requisition or other taking or sale, and to cause any each such award, compensationcompensation or payment without the participation of Mortgagor. Mortgagor appoints Mortgagee as Mortgagor's attorney-in-fact, insurance proceeds coupled with an interest, to obtain, adjust and settle each such for award, compensation or payment and to endorse in favor of Mortgagee all drafts and other payment to be paid to Landlord, except that Tenant shall be entitled to submit a claim for Tenant's Loss and retain any award applicable instruments with respect thereto. All amounts so paid or payable to Landlord or Tenant shall be retained or paid over to the party entitled thereto in accordance This appointment, coupled with the provisions an interest, is irrevocable until this Mortgage is terminated by written instrument executed by an authorized office of this Article 12. Tenant shall take all appropriate action in connection with each such claim, proceeding or other action, and shall pay all costs and expenses in connection therewith. Notwithstanding the foregoing, Landlord may participate in all such proceedings in all respectsMortgagee.

Condemnation and Casualty. (a) Tenant Lessee hereby irrevocably assigns to Landlord any award, compensation, insurance proceeds or other payment to which Tenant may become entitled by reason of its interest in the Leased Property, other than Lessor any award, compensation or insurance payment made to Tenant for interruption which Lessee may become entitled by reason of business, for moving expenses or for any inventory, fixtures, machinery, equipment or other personal property belonging to Tenant, (hereinafter referred to as "Tenant's Loss") Lessee’s interest in the Premises (i) if the Leased Property, or any portion thereof, is damaged or destroyed by fire or other casualty or cause, or (ii) by reason of any condemnation, requisition or other taking or sale of the use, occupancy or title to of the Leased Property Premises or any portion part thereof is taken, requisitioned or sold in, by or on account of any actual or threatened eminent domain proceeding or other action by any governmental authority or other person having the power of eminent domaindomain or (ii) if the Premises or any part thereof are damaged or destroyed by fire, flood or other casualty. Subject Lessor shall appear in any such proceeding or action, to negotiate, prosecute and adjust any claim for any award, compensation or insurance payment on account of any such damage, destruction, taking, requisition or sale; and Lessor shall collect any such award, compensation or insurance payment. All amounts paid in connection with any such damage, destruction, taking, requisition or sale shall be applied pursuant to this paragraph 11, and all such amounts (minus the reasonable expense of collecting such amounts, including any reimbursement for costs and expenses in connection therewith to which the Master Lessor is entitled pursuant to the Master Lease and any amount thereof to which the ground lessor under the Ground Lease shall be entitled), are herein called the Net Proceeds. Lessor shall pay all reasonable costs and expenses in connection with each such proceeding, action, negotiation, prosecution and adjustment for which costs and expenses Lessor shall be reimbursed out of any award, compensation or insurance payment received. Lessee shall be entitled to participate in any such proceeding, action, negotiation, prosecution and adjustment. Lessor will not consent to any award, compensation or insurance payment where any portion of such award, compensation or insurance payment is made in respect of. Lessee’s interest in the Premises, without the consent of LandlordLessee, which consent shall not be unreasonably withheld, Tenant is hereby authorized and empowered, at its cost and expense, in the name and behalf of Landlord, Tenant or otherwise, to appear in any such proceeding or other action, to negotiate, accept and prosecute any claim for any award, compensation, insurance proceeds or other payment on account of any such loss, damage, destruction, condemnation, requisition or other taking or sale, and to cause any such award, compensation, insurance proceeds or other payment to be paid to Landlord, except that Tenant shall be entitled to submit a claim for Tenant's Loss and retain any award applicable thereto. All amounts so paid or payable to Landlord or Tenant shall be retained or paid over to the party entitled thereto in accordance with the provisions of this Article 12. Tenant shall take all appropriate action in connection with each such claim, proceeding or other action, and shall pay all costs and expenses in connection therewith. Notwithstanding the foregoing, Landlord may participate in all such proceedings in all respects.