Common use of Condemnation or Other Taking Clause in Contracts

Condemnation or Other Taking. Throughout the Agreement Term, Seller shall immediately notify Buyers’ Agent of the institution of any proceeding for the condemnation or other taking of the Facility or any portion thereof, including the occurrence of any hearing associated therewith. Buyers’ Agent may participate in any such proceeding and Seller shall deliver to Buyers’ Agent all instruments necessary or required by Buyers’ Agent to permit such participation. Without Buyers’ Agent’ prior written consent, Seller (i) shall not agree to any compensation or award, and (ii) shall not take any action or fail to take any action which would cause the compensation to be determined. Upon any condemnation of the Facility or any part thereof, Seller shall diligently repair, replace, or reconstruct the Facility or portion thereof so condemned. All awards and compensation for the taking or purchase in lieu of condemnation of the Facility, or any portion thereof shall be applied toward the repair, restoration, reconstruction or replacement of the Facility.

Condemnation or Other Taking. Throughout the Agreement Term, Seller shall immediately notify Buyers’ Agent Buyer of the institution of any proceeding for the condemnation or other taking of the Facility or any portion thereof, including the occurrence of any hearing associated therewith. Buyers’ Agent Buyer may participate in any such proceeding and Seller shall deliver to Buyers’ Agent Buyer all instruments necessary or required by Buyers’ Agent Buyer to permit such participation. Without Buyers’ Agent’ Buyer’s prior written consent, Seller (i) shall not agree to any compensation or award, and (ii) shall not take any action or fail to take any action which would cause the compensation to be determined. Upon any condemnation of To the Facility or any part thereofextent permitted by the Financing Agreements, Seller shall diligently repair, replace, or reconstruct the Facility or portion thereof so condemned. All all awards and compensation for the taking or purchase in lieu of condemnation of the Facility, Facility or any portion thereof shall either, at the discretion of Buyer, be paid directly to Buyer (including damages and interest) in the amount of the loss in value of this Agreement to Buyer resulting from such condemnation or taking, or applied toward the repair, restoration, reconstruction or replacement of the Facility.

Condemnation or Other Taking. Throughout the Agreement Term, Seller shall immediately notify Buyers’ Agent buyer of the institution of any proceeding for the condemnation or other taking of the Facility, the Facility Assets, or any portion thereof, including the occurrence of any hearing associated therewith. Buyers’ Agent Buyer may participate in any such proceeding and Seller shall deliver to Buyers’ Agent Buyer all instruments necessary or required by Buyers’ Agent Buyer to permit such participation. Without Buyers’ Agent’ Buyer’s prior written consent, Seller (i) shall not agree to any compensation or award, and (ii) shall not take any action or fail to take any action which would cause the compensation to be determined. Upon any condemnation of the Facility or any part thereof, Seller shall diligently repair, replace, replace or reconstruct the Facility or portion thereof so condemned. All awards and compensation for the taking or purchase in lieu of condemnation of the Facility, the Facility Assets or any portion thereof shall be applied toward the repair, restoration, reconstruction or replacement of the Facility.