Condemnation Damages and Awards. Except to the extent Lessor may be required to make the same available to Lessee under this Article XVI and as otherwise set forth in this Article XVI, Lessee assigns to Lessor any and all rights it may have to any Taking Proceeds and agrees to execute such instruments as may be requested by Lessor to evidence the assignment of such Taking Proceeds to Lessor. Notwithstanding the foregoing, Lessee may make a separate claim for any damages payable for any of the Lessee Property, any so-called special damages to Lessee for interruption to Lessee’s operations or otherwise, any damages for relocation, or any damages for Lessee’s leasehold interest (collectively, the “Lessee Condemnation Proceeds”), and none of such Lessee Condemnation Proceeds shall constitute Taking Proceeds. Notwithstanding any Taking, this Lease shall remain in effect, and the rights and obligations of Lessor and Lessee shall remain in effect without abatement. Lessor and Lessee shall cooperate in good faith to maximize the Taking Proceeds consistent with the terms of this Lease.
Appears in 4 contracts
Samples: Services Agreement (Arc Logistics Partners LP), Services Agreement (CorEnergy Infrastructure Trust, Inc.), Membership Interests Purchase Agreement (Arc Logistics Partners LP)
Condemnation Damages and Awards. Except to the extent Lessor Landlord may be required to make the same available to Lessee Tenant under this Article XVI and as otherwise set forth in this Article XVI, Lessee Tenant assigns to Lessor Landlord any and all rights it may have to any Taking Proceeds to be applied as described in this Article XVI and agrees to execute such instruments as may be requested by Lessor Landlord to evidence the assignment of such Taking Proceeds to LessorLandlord. Notwithstanding the foregoing, Lessee Tenant may make a separate claim for any damages payable for any of the Lessee Tenant Property, any so-called special other damages to Lessee Tenant for interruption to LesseeTenant’s operations operations, or temporary loss of use of Tenant’s Property, or otherwise, any damages for relocation, or any damages for Lessee’s leasehold interest relocation (collectively, the “Lessee Tenant Condemnation Proceeds”), and none of such Lessee Tenant Condemnation Proceeds shall constitute Taking Proceeds. Notwithstanding any Unless this Lease is terminated pursuant to this Article XVI in connection with a Taking, this Lease shall remain in effect, and the rights and obligations of Lessor Landlord and Lessee Tenant shall remain in effect without abatement. Lessor Landlord and Lessee Tenant shall cooperate in good faith to maximize the Taking Proceeds (but without impairing Tenant’s claim for Tenant Condemnation Proceeds) consistent with the terms of this Lease.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Energy XXI LTD), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.), Connection and Access Agreement (CorEnergy Infrastructure Trust, Inc.)
Condemnation Damages and Awards. Except to the extent Lessor may be required to make the same available to Lessee under this Article XVI and as otherwise set forth in this Article XVI, Lessee assigns to Lessor any and all rights it may have to any Taking Proceeds and agrees to execute such instruments as may be requested by Lessor to evidence the assignment of such Taking Proceeds to Lessor. Notwithstanding the foregoing, Lessee may make a separate claim for any damages payable for any of the Lessee Property, any so-called special damages to Lessee for interruption to Lessee’s operations or otherwise, any damages for relocation, or any damages for Lessee’s leasehold interest relocation (collectively, the “Lessee Condemnation Proceeds”), and none of such Lessee Condemnation Proceeds shall constitute Taking Proceeds. Notwithstanding any Unless this Lease is terminated pursuant to this Article XVI or Section 25.5 (Burdensome Buyout Event) in connection with a Taking, this Lease shall remain in effect, and the rights and obligations of Lessor and Lessee shall remain in effect without abatement. Lessor and Lessee shall cooperate in good faith to maximize the Taking Proceeds (but without impairing Lessee’s claim for Lessee Condemnation Proceeds) consistent with the terms of this Lease.
Appears in 2 contracts
Samples: Confidential Treatment (CorEnergy Infrastructure Trust, Inc.), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.)
Condemnation Damages and Awards. Except to the extent Lessor Landlord may be required to make the same available to Lessee Tenant under this Article XVI and as otherwise set forth in this Article XVIXVI , Lessee Tenant assigns to Lessor Landlord any and all rights it may have to any Taking Proceeds to be applied as described in this Article XVI and agrees to execute such instruments as may be requested by Lessor Landlord to evidence the assignment of such Taking Proceeds to LessorLandlord. Notwithstanding the foregoing, Lessee Tenant may make a separate claim for any damages payable for any of the Lessee Tenant Property, any so-called special other damages to Lessee Tenant for interruption to LesseeTenant’s operations operations, or temporary loss of use of Tenant’s Property, or otherwise, any damages for relocation, or any damages for Lessee’s leasehold interest relocation (collectively, the “Lessee “ Tenant Condemnation ProceedsProceeds ”), and none of such Lessee Tenant Condemnation Proceeds shall constitute Taking Proceeds. Notwithstanding any Unless this Lease is terminated pursuant to this Article XVI in connection with a Taking, this Lease shall remain in effect, and the rights and obligations of Lessor Landlord and Lessee Tenant shall remain in effect without abatement. Lessor Landlord and Lessee Tenant shall cooperate in good faith to maximize the Taking Proceeds (but without impairing Tenant’s claim for Tenant Condemnation Proceeds) consistent with the terms of this Lease.
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