Common use of Condemnation of Premises Clause in Contracts

Condemnation of Premises. If the Premises in whole or in part, or any portion thereof or interest therein, shall be acquired or condemned by any action of eminent domain or sold in lieu thereof by or for any public or quasi-public use or purpose, which action shall serve to defeat COLT’s or Lessee’s rights or ability to mine Coal from the Premises, then COLT shall give notice of any such action to Lessee in writing. Such notice by COLT to Lessee of such action or determination shall operate to eliminate from this Lease any and all acreage of the Premises so determined by such action or determination. In any such case, Lessee irrevocably agrees that COLT shall have no responsibility or liability, either directly or indirectly, to Lessee to refund, reimburse, or compensate Lessee for any direct, indirect, incidental, or consequential damage(s) or claims of such damage(s), by Lessee or others for such action or determination. If the Premises in its entirety shall be acquired or condemned by any aforesaid action or determination, then this Lease, and all of the rights granted to Lessee herein, shall cease and terminate as of the date of title vesting in any such action, determination, or proceeding, and all Actual Production Royalties due COLT by Lessee for coal mined and sold prior to such termination shall be paid up to said date, but any unearned Advance Minimum Royalties or Minimum Royalties paid shall be refunded to Lessee prorated on an acreage basis but only if the amount of condemned acreage is greater than ten percent (10%) of the total Premises. Lessee shall have no claim against COLT for any value of any unexpired term of this Lease other than the refund of the unearned portion of Advance Minimum or Minimum Royalties paid. Lessee shall have the right, at its sole efforts and expense, to contest such eminent domain action or determination and to make claim against the condemning authority (but not COLT) for damages incurred by Lessee as a result of such action.

Condemnation of Premises. If the Premises in whole or in part, or any portion thereof or interest therein, shall be acquired or condemned by any action of eminent domain or sold in lieu thereof by or for any public or quasi-public use or purpose, which action shall serve to defeat COLTRGGS’s or Lessee’s rights or ability to mine Coal coal from the Premises, then COLT RGGS shall give notice of any such action to Lessee in writing. Such notice by COLT RGGS to Lessee of such action or determination shall operate to eliminate from this Lease any and all acreage of the Premises so determined by such action or determination. In any such case, Lessee irrevocably agrees that COLT RGGS shall have no responsibility or liability, either directly or indirectly, to Lessee to refund, reimburse, or compensate Lessee for any direct, indirect, incidental, or consequential damage(s) or claims of such damage(s), by Lessee or others for such action or determination. If the Premises in its entirety shall be acquired or condemned by any aforesaid action or determination, then this Lease, and all of the rights granted to Lessee herein, shall cease and terminate as of the date of title vesting in any such action, determination, or proceeding, and all Actual Production Royalties due COLT RGGS by Lessee for coal mined and sold prior to such termination shall be paid up to said date, but any unearned Advance Minimum Royalties, Minimum Royalties or Minimum Royalties Escrow Royalty paid shall be refunded to Lessee prorated on an acreage basis but only if the amount of condemned acreage is greater than ten percent (10%) of the total Premises. Lessee shall have no claim against COLT RGGS for any value of any unexpired term of this Lease other than the refund of the unearned portion of Advance Minimum or Minimum Royalties paid. Lessee shall have the right, at its sole efforts and expense, to contest such eminent domain action or determination and to make claim against the condemning authority (but not COLTRGGS) for damages incurred by Lessee as a result of such action.

Condemnation of Premises. If the Premises in whole or in part, or any portion thereof or interest therein, shall be acquired or condemned by any action of eminent domain or sold in lieu thereof by or for any public or quasi-public use or purpose, which action shall serve to defeat COLTRUGER’s or Lessee’s rights or ability to mine Coal from the Premises, then COLT RUGER shall give notice of any such action to Lessee in writing. Such notice by COLT RUGER to Lessee of such action or determination shall operate to eliminate from this Lease any and all acreage of the Premises so determined by such action or determination. In any such case, Lessee irrevocably agrees that COLT RUGER shall have no responsibility or liability, either directly or indirectly, to Lessee to refund, reimburse, or compensate Lessee for any direct, indirect, incidental, or consequential damage(s) or claims of such damage(s), by Lessee or others for such action or determination. If the Premises in its entirety shall be acquired or condemned by any aforesaid action or determination, then this Lease, and all of the rights granted to Lessee herein, shall cease and terminate as of the date of title vesting in any such action, determination, or proceeding, and all Actual Production Royalties due COLT RUGER by Lessee for coal mined and sold prior to such termination shall be paid up to said date, but any unearned Advance Minimum Royalties or Minimum Royalties paid shall be refunded to Lessee prorated on an acreage basis but only if the amount of condemned acreage is greater than ten percent (10%) of the total Premises. Lessee shall have no claim against COLT RUGER for any value of any unexpired term of this Lease other than the refund of the unearned portion of Advance Minimum or Minimum Royalties paidLease. Lessee shall have the right, at its sole efforts and expense, to contest such eminent domain action or determination and to make claim against the condemning authority (but not COLTRUGER) for damages incurred by Lessee as a result of such action.

Condemnation of Premises. If all of the Premises, or a portion which will make the remainder unusable for the Tenant’s Permitted Use, be taken under the power of eminent domain (or a conveyance in lieu thereof), then this Lease shall terminate as of the vesting of title in the condemning authority and Base Rent and Additional Rent obligations shall be adjusted between Landlord and Tenant as of that date. If only a portion of the Premises are taken and Tenant can reasonably continue use of the remainder, then the Lease will not terminate, but Base Rent and Additional Rent obligations shall xxxxx in whole a just and proportionate amount to the loss of use occasioned by the taking. Except as otherwise provided by the authority granting an award of damages, Tenant shall have no right or in partclaim to any part of any award made to or received by the Landlord for any taking of the Premises and no right or claim for any alleged value of the unexpired portion of this Lease; provided, however, that Tenant shall not be prevented from making a claim against the condemning party (but not against Landlord) for any moving expenses, loss of profits, or taking of Tenant’s personal property (including its leasehold interest) to which Tenant may be entitled. No Tenant’s claim may, however, diminish Landlord’s award with respect to the Premises. For purposes of this Section, Landlord shall make a good faith determination as to whether the Premises are unusable or not after a taking. If less than a fee title to all or any portion thereof or interest therein, of the Premises shall be acquired taken or condemned by any action of eminent domain or sold in lieu thereof by or governmental authority for any public or quasi-public temporary use or purposeoccupancy, which action shall serve to defeat COLT’s or Lessee’s rights or ability to mine Coal from the Premises, then COLT shall give notice of any such action to Lessee in writing. Such notice by COLT to Lessee of such action or determination shall operate to eliminate from this Lease any shall continue in full force and all acreage of the Premises so determined by such action effect without reduction or determination. In any such case, Lessee irrevocably agrees that COLT shall have no responsibility or liability, either directly or indirectly, to Lessee to refund, reimburse, or compensate Lessee for any direct, indirect, incidental, or consequential damage(s) or claims of such damage(s), by Lessee or others for such action or determination. If the Premises abatement in its entirety shall be acquired or condemned by any aforesaid action or determination, then this Lease, and all of the rights granted to Lessee herein, shall cease and terminate as of the date of title vesting in any such action, determination, or proceeding, and all Actual Production Royalties due COLT by Lessee for coal mined and sold prior to such termination shall be paid up to said date, but any unearned Advance Minimum Royalties or Minimum Royalties paid shall be refunded to Lessee prorated on an acreage basis but only if the amount of condemned acreage is greater than ten percent (10%) of the total Premises. Lessee shall have no claim against COLT for any value of any unexpired term of this Lease other than the refund of the unearned portion of Advance Minimum or Minimum Royalties paid. Lessee shall have the right, at its sole efforts and expense, to contest such eminent domain action or determination and to make claim against the condemning authority (but not COLT) for damages incurred by Lessee as a result of such actionRent.

Condemnation of Premises. If In the event that the whole of the Premises in whole or in part, or any portion thereof or interest therein, shall be acquired condemned or condemned by taken in any action of eminent domain or sold in lieu thereof by or manner for any public or any quasi-public use or purposeuse, which action this lease shall serve to defeat COLT’s or Lessee’s rights or ability to mine Coal from the Premises, then COLT shall give notice of any such action to Lessee in writing. Such notice by COLT to Lessee of such action or determination shall operate to eliminate from this Lease any and all acreage of the Premises so determined by such action or determination. In any such case, Lessee irrevocably agrees that COLT shall have no responsibility or liability, either directly or indirectly, to Lessee to refund, reimburse, or compensate Lessee for any direct, indirect, incidental, or consequential damage(s) or claims of such damage(s), by Lessee or others for such action or determination. If the Premises in its entirety shall be acquired or condemned by any aforesaid action or determination, then this Lease, and all of the rights granted to Lessee herein, shall cease and terminate as of the date of title vesting in any such action, determination, or proceeding, and all Actual Production Royalties due COLT by Lessee for coal mined and sold prior to such termination shall be paid up to said date, but any unearned Advance Minimum Royalties or Minimum Royalties paid shall be refunded to Lessee prorated on an acreage basis but only if of title. In the amount of condemned acreage is greater than ten percent (10%) event that a portion of the total Premises. Lessee shall have no claim against COLT for any value of any unexpired term of this Lease other than Premises is condemned or taken by eminent domain proceedings so as to render the refund of the unearned portion of Advance Minimum or Minimum Royalties paid. Premises substantially unusable, then in such event, Lessee shall have the right, at its sole efforts right to cancel and expense, terminate this agreement as of the date of such taking upon giving to contest Lessor notice in writing of such eminent domain action or determination and to make claim against election within thirty (30) days after the condemning authority (but not COLT) for damages incurred receipt by Lessee from Lessor of written notice of such appropriation or taking. In the event that only a part of the Premises shall be so condemned or taken and such taking shall not render the Premises substantially unusable, then, effective as of the date of vesting of title, the rent hereunder for such part shall be equitably abated and this lease shall continue as to such part not so taken. In the event that only a part of the Building shall be so condemned or taken, then if substantial structural alteration or reconstruction of the Building shall, in the reasonable opinion of Lessor be necessary or appropriate as a result of such actioncondemnation or taking, Lessor may, at its option, terminate this lease and the term herein granted as of the date of such vesting of title by notifying Lessee in writing within sixty (60) days following the vesting of title. Any termination hereunder shall be without prejudice to the rights of either the Lessor or the Lessee to recover compensation from such public authority for any loss or damages caused by such taking. Neither Lessor nor Lessee shall have any right in or to any award made to the other by such public authority; provided, however, to the extent that Lessee is not allowed by local law to make a recovery against such public authority, Lessor shall receive such condemnation award and Lessee hereby expressly assigns to Lessor any and all right, title and interest in and to such award.

Condemnation of Premises. If In the Premises in event that the whole or in part, or any portion thereof or interest therein, of the demised premises shall be acquired condemned or condemned by taken in any action of eminent domain or sold in lieu thereof by or manner for any public or quasi-public use or purposeuse, which action this lease shall serve to defeat COLT’s or Lessee’s rights or ability to mine Coal from the Premises, then COLT shall give notice of any such action to Lessee in writing. Such notice by COLT to Lessee of such action or determination shall operate to eliminate from this Lease any and all acreage of the Premises so determined by such action or determination. In any such case, Lessee irrevocably agrees that COLT shall have no responsibility or liability, either directly or indirectly, to Lessee to refund, reimburse, or compensate Lessee for any direct, indirect, incidental, or consequential damage(s) or claims of such damage(s), by Lessee or others for such action or determination. If the Premises in its entirety shall be acquired or condemned by any aforesaid action or determination, then this Lease, and all of the rights granted to Lessee herein, shall cease and terminate as of the date of title vesting in any such action, determination, or proceeding, and all Actual Production Royalties due COLT by Lessee for coal mined and sold prior to such termination shall be paid up to said date, but any unearned Advance Minimum Royalties or Minimum Royalties paid shall be refunded to Lessee prorated on an acreage basis but only if of title. In the amount of condemned acreage is greater than ten percent (10%) event that either a portion of the total Premises. Lessee shall have no claim against COLT for any value premises or the building of any unexpired term of this Lease other than which the refund of premises are a part is condemned or taken by eminent domain proceedings so as to render the unearned portion of Advance Minimum or Minimum Royalties paidpremises substantially unusable, then in such event. Lessee shall have the right, at its sole efforts right to cancel and expense, terminate this agreement as of the date of such taking upon giving to contest Lessor notice in writing of such eminent domain action or determination and to make claim against election within thirty (30) days after the condemning authority (but not COLT) for damages incurred receipt by Lessee from Lessor of written notice of such appropriation or taking. In the event that only a part of the premises shall be so condemned or taken and such taking shall not render the premises substantially unusable, then, effective as of the date of vesting of title, the rent hereunder for such part shall be equitably abated and this lease shall continue as to such part not so taken. In the event that only a part of the building shall be so condemned or taken, then if substantial structural alteration or reconstruction of the building shall, in the reasonable opinion of Lessor, be necessary or appropriate as a result of such actioncondemnation or taking (whether or not the premises be affected), lessor may, at its option, terminate this lease and the term herein granted as of the date of such vesting of title by notifying Lessee in writing within sixty (60) days following the vesting of title. Any termination hereunder shall be without prejudice to the rights of either the Lessor or the Lessee to recover compensation from such public authority for any loss or damages caused by such taking. Neither Lessor nor Lessee shall have any right in or to any award made to the other by such public authority; provided, however, to the extent that Lessee is not allowed by local law to make a recovery against such public authority, Lessor shall receive such condemnation award and Lessee hereby expressly assigns to Lessor any and all right, title and interest in and to such award.