Common use of Condemnation Award Clause in Contracts

Condemnation Award. Subject to the provisions of Section 19.4 below, in connection with any taking of the Premises or the Building, Landlord shall be entitled to receive the entire amount of any award which may be made or given in such taking or condemnation, without deduction or apportionment for any estate or interest of Tenant, it being expressly understood and agreed by Tenant that no portion of any such award shall be allowed or paid to Tenant for any so-called bonus or excess value of this Lease, and such bonus or excess value shall be the sole property of Landlord. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking (including any claim for bonus or excess value of this Lease); provided, however, if any portion of the Premises is taken, Tenant shall be granted the right to recover from the condemning authority (but not from Landlord) any compensation as may be separately awarded or recoverable by Tenant for the taking of Tenant's furniture, fixtures, equipment and other personal property within the Premises, for Tenant's relocation expenses, and for any loss of goodwill or other damage to Tenant's business by reason of such taking and for a prorata share of the value of that portion of the Tenant Improvements and Tenant Changes paid for by Tenant in excess of the Construction Allowance, which prorata share shall be based upon a fraction, the numerator of which is the number of months remaining in the Term (had this Lease not been terminated), and the denominator of which is the number of months remaining in the term at the time the Tenant Improvements and Tenant Changes were installed in the Premises.

Appears in 2 contracts

Samples: Multi Tenant Industrial Lease (Aurora Biosciences Corp), Multi Tenant Industrial Lease (Triple Net) (Aurora Biosciences Corp)

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Condemnation Award. Subject to the provisions of Section 19.4 18.3 below, in connection with any taking Taking of the Premises or the Building, Landlord shall be entitled to receive the entire amount of any award which may be made or given in such taking or condemnation, without deduction or apportionment for any estate or interest of Tenant, it being expressly understood and agreed by Tenant that no portion of any such award shall be allowed or paid to Tenant for any so-called bonus or excess value of this Lease, and such bonus or excess value shall be the sole property of Landlord. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking (including any claim for bonus or excess value of this Lease); provided, however, if any portion of the Premises is taken, Tenant shall be granted the right to recover from the condemning authority (but not from Landlord) any compensation as may be separately awarded or recoverable by Tenant for the taking of Tenant's ’s furniture, fixtures, equipment and other personal property within the Premises, Tenant Improvements (to the extent of any out of pocket costs paid by Xxxxxx and not applied against the Allowance), Alterations paid for by Xxxxxx, for Tenant's ’s relocation expenses, and for any loss of goodwill or other damage to Tenant's ’s business by reason of such taking and for a prorata share of the value of that portion of the Tenant Improvements and Tenant Changes paid for by Tenant in excess of the Construction Allowance, which prorata share shall be based upon a fraction, the numerator of which is the number of months remaining in the Term (had this Lease not been terminated), and the denominator of which is the number of months remaining in the term at the time the Tenant Improvements and Tenant Changes were installed in the Premisestaking.

Appears in 1 contract

Samples: Office/Industrial Lease (iRhythm Technologies, Inc.)

Condemnation Award. Subject to In the provisions event of Section 19.4 belowany Taking, the entire award will be paid as hereinafter provided. (a) In the event of a Taking that results in connection with any taking the termination of the Premises or the Buildingthis Lease, Landlord after deduction of Landlord's and Tenant's costs in pursuing such award, Tenant shall be entitled to receive an amount therefrom equal to the entire amount sum of any award which may be made or given in such taking or condemnation, without deduction or apportionment for any estate or interest (i) costs of Tenant, it being expressly understood the improvements and agreed alterations constructed by Tenant that no portion of any such award shall be allowed or paid to Tenant for any so-called bonus or excess value of this Lease, and such bonus or excess value shall be the sole property of Landlord. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking (including any claim for bonus or excess value of this Lease); provided, however, if any portion of at the Premises is taken(the "Leasehold Improvement Costs"), Tenant shall be granted the right to recover from the condemning authority (but not from Landlord) any compensation as may be separately awarded or recoverable multiplied by Tenant for the taking of Tenant's furniture, fixtures, equipment and other personal property within the Premises, for Tenant's relocation expenses, and for any loss of goodwill or other damage to Tenant's business by reason of such taking and for a prorata share of the value of that portion of the Tenant Improvements and Tenant Changes paid for by Tenant in excess of the Construction Allowance, which prorata share shall be based upon a fraction, the numerator of which is the number of full calendar months remaining in the Lease Term (had this Lease not been terminated), following the date of any such Taking and the denominator of which is sixty (60); and (ii) the number value of months Tenant's remaining leasehold interest; provided, however, that if the award is insufficient to cover such amount, Tenant's recovery shall be limited to the amount of the award. Tenant shall deliver to Landlord, upon Landlord's request^ a statement of the Leasehold Improvement Costs itemized in reasonable detail. The remainder of the award or other compensation for such Taking will all be paid to Landlord. Notwithstanding the foregoing, Tenant may recover from the condemning authority, but not Landlord, any compensation as may be separately awarded to Tenant on account of moving and relocation expenses. (b) In the event of a partial Taking which does not result in the term at termination of this Lease pursuant to Section 9.1, the time net award or other compensation for such Taking will be applied to pay the Tenant Improvements and Tenant Changes were installed in cost of restoration of the PremisesPremises with the balance, if any, being paid to Landlord.

Appears in 1 contract

Samples: Triple Net Lease Agreement

Condemnation Award. Subject to In the provisions event of Section 19.4 belowany Taking, the entire award will be paid as 9.2 hereinafter provided. In the event of a Taking that results in connection with any taking the termination of the Premises or the Buildingthis Lease, Landlord after deduction of Landlord's and Tenant's costs in pursuing such award, Tenant shall be entitled to receive an amount therefrom equal to the entire amount sum of any award which may be made or given in such taking or condemnation, without deduction or apportionment for any estate or interest (i) costs of Tenant, it being expressly understood the improvements and agreed alterations constructed by Tenant that no portion of any such award shall be allowed or paid to Tenant for any so-called bonus or excess value of this Lease, and such bonus or excess value shall be the sole property of Landlord. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking (including any claim for bonus or excess value of this Lease); provided, however, if any portion of at the Premises is taken(the "Leasehold Improvement Costs"), Tenant shall be granted the right to recover from the condemning authority (but not from Landlord) any compensation as may be separately awarded or recoverable multiplied by Tenant for the taking of Tenant's furniture, fixtures, equipment and other personal property within the Premises, for Tenant's relocation expenses, and for any loss of goodwill or other damage to Tenant's business by reason of such taking and for a prorata share of the value of that portion of the Tenant Improvements and Tenant Changes paid for by Tenant in excess of the Construction Allowance, which prorata share shall be based upon a fraction, the numerator of which is the number of full calendar months remaining in the Lease Term (had this Lease not been terminated), following the date of any such Taking and the denominator of which is sixty (60); and (ii) the number value of months Tenant's remaining leasehold interest; provided, however, that if the award is insufficient to cover such amount, Tenant's recovery shall be limited to the amount of the award. Tenant shall deliver to Landlord, upon Landlord's request, a statement of the Leasehold Improvement Costs itemized in reasonable detail. The remainder of the award or other compensation for such Taking will all be paid to Landlord. Notwithstanding the foregoing, Tenant may recover from the condemning authority, but not Landlord, any compensation as may be separately awarded to Tenant on account of moving and relocation expenses. (b) In the event of a partial Taking which does not result in the term at termination of this Lease pursuant to Section 9.1, the time net award or other compensation for such Taking will be applied to pay the Tenant Improvements and Tenant Changes were installed in cost of restoration of the PremisesPremises with the balance, if any, being paid to Landlord.

Appears in 1 contract

Samples: Asset Purchase Agreement

Condemnation Award. Subject to the provisions of Section 19.4 below, in connection with any taking of the Premises or the Building, Landlord shall be entitled to receive the entire amount of any award which may be made or given in such taking or condemnation, without deduction or apportionment for any estate or interest of Tenant, it being expressly understood and agreed by Tenant that no portion of any such award shall be allowed or paid to Tenant for any so-called bonus or excess value of this Lease, and such bonus or excess value shall be the sole property of Landlord. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking (including any claim for bonus or excess value of this Lease); provided, however, if any portion of the Premises is taken, Tenant shall be granted the right to recover from the condemning authority (but not from Landlord) any compensation as may be separately awarded or recoverable by Tenant for the taking of Tenant's ’s furniture, fixtures, equipment and other personal property within the Premises, for Tenant's ’s relocation expenses, and for any loss of goodwill or other damage to Tenant's ’s business by reason of such taking and for a prorata share of the value of that portion of the Tenant Improvements and Tenant Changes paid for by Tenant in excess of the Construction Allowance, which prorata share shall be based upon a fraction, the numerator of which is the number of months remaining in the Term (had this Lease not been terminated), and the denominator of which is the number of months remaining in the term at the time the Tenant Improvements and Tenant Changes were installed in the Premises.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (BioMed Realty Trust Inc)

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Condemnation Award. Subject to the provisions of Section 19.4 Subparagraph 21.4 below, in connection with any taking of the Premises or the Building, Landlord shall be entitled to receive the entire amount of any award which may be made or given in such taking or condemnation, without deduction or apportionment for any estate or interest of Tenant, it being expressly understood and agreed by Tenant that no portion of any such award shall be allowed or paid to Tenant for any so-called bonus or excess value of this Lease, and such bonus or excess value shall be the sole property of Landlord. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking (including any claim for bonus or excess value of this Lease); provided, however, if any portion of the Premises is taken, Tenant shall be granted the right to recover from the condemning authority (but not from Landlord) any compensation as may be separately awarded or recoverable by Tenant for the taking of Tenant's furniture, fixtures, equipment and other personal property within the Premises, for Tenant's relocation expenses, and for any loss of goodwill or other damage to Tenant's business by reason of such taking taking, and for a prorata share of the value of that portion of the Tenant any Leasehold Improvements and Tenant Changes paid for by Tenant in excess which remain Tenant's property as of the Construction Allowance, which prorata share shall be based upon a fraction, the numerator expiration or sooner termination of which is the number of months remaining in the Term (had this Lease not been terminated(if any), and the denominator of which is the number of months remaining in the term at the time the Tenant Improvements and Tenant Changes were installed in the Premises.

Appears in 1 contract

Samples: Office Lease (Cardiogenesis Corp /Ca)

Condemnation Award. Subject to the provisions of Section 19.4 below, in connection with any taking of the Premises or the Building, Landlord shall be entitled to receive the entire amount of any award which may be made or given in such taking or condemnation, without deduction or apportionment for any estate or interest of Tenant, it being expressly understood and agreed by Tenant that no portion of any such award shall be allowed or paid to Tenant for any so-called bonus or excess value of this Lease, and such bonus or excess value shall be the sole property of Landlord. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking (including any claim for bonus or excess value of this Lease); provided, however, if any portion of the Premises is taken, Tenant shall be granted the right to recover from the condemning authority (but not from Landlord) any compensation as may be separately awarded or recoverable by Tenant for the taking of Tenant's ’s furniture, fixtures, equipment and other personal property property, and the unamortized costs of leasehold improvements paid for by Tenant (excluding the unamortized portion of the Tenant Improvement Allowance), within the Premises, for Tenant's ’s relocation expenses, and for any loss of goodwill or other damage to Tenant's ’s business by reason of such taking and for a prorata share of the value of that portion of the Tenant Improvements and Tenant Changes paid for by Tenant in excess of the Construction Allowancetaking. Each party shall seek its own award, which prorata share shall be based upon a fractionas provided above, the numerator of which is the number of months remaining in the Term (had this Lease not been terminated)at its own expense, and neither party shall have any right to the denominator of which is award made to the number of months remaining in the term at the time the Tenant Improvements and Tenant Changes were installed in the Premisesother.

Appears in 1 contract

Samples: Multi Tenant Industrial Lease (Lacrosse Footwear Inc)

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