Condemnation Proceeding. No Condemnation Proceeding shall have been instituted or be threatened against all or any portion of the Real Property.
Condemnation Proceeding. Buyer acknowledges that the Metro Gold Line Foothill Extension Construction Authority (the “Authority”) has begun proceedings with respect to a proposed taking (the “Proposed Condemnation”) of a portion of the Owned Real Property (the “Current Parking Lot”). Following the Closing, Seller shall have the right to control all ongoing proceedings in connection with the Proposed Condemnation, including the retention of outside counsel, as if Buyer had delivered an Indemnification Certificate to Seller with respect to the Proposed Condemnation, and Seller shall have delivered an Assumption Notice with an Acknowledgement, to Buyer; provided, however, that if the scope of the property subject to the Proposed Condemnation expands beyond the Current Parking Lot or otherwise effect any other portion of the Owned Real Property or the operations thereon, Seller shall immediately notify Buyer and Seller shall not take any action with respect to the Proposed Condemnation without the prior written consent of Buyer to any decisions regarding the Proposed Condemnation or the settlement thereof. Seller shall seek to obtain full, fair, and just compensation from the Authority in return for the taking of the Current Parking Lot (including negotiating with the Authority for a sale of the property in lieu of such taking, in which case such sale shall be subject to the same terms and conditions hereunder) and as a result of the Proposed Condemnation; provided that any such compensation shall be considered an Excluded Asset hereunder. Buyer shall provide all reasonably necessary support and access required by Seller or Seller’s representatives to enable Seller to negotiate a resolution of the compensation, at no cost to Buyer and Seller shall keep Buyer reasonably informed as to the status of the Proposed Condemnation and any negotiations with the Authority. No consent of Buyer shall be required prior to the acceptance by Seller of any compensation offer from the Authority, except as otherwise provided herein. To the extent required, Buyer shall execute any and all such reasonable documents required to accept a compensation offer, either by itself or by granting an appropriate power of attorney to Seller or Seller’s counsel. In anticipation of the taking or purchase by the Authority of the Current Parking Lot, Buyer shall develop plans (or leverage those plans already being established by Seller) (the “Plans”) for the construction of a replacement parking lot on the Owned Real Pro...
Condemnation Proceeding. In the event of any condemnation or taking, whether or not this Lease shall be terminated, Landlord shall be entitled to receive the entire award in the condemnation proceeding without deduction therefrom for any estate vested by this Lease in Tenant, and Tenant shall receive no part of such award. Tenant hereby expressly assigns to Landlord any and all right, title and interest of Tenant now or hereafter arising in or to any such award or any part thereof.
Condemnation Proceeding. No Material Taking shall have been commenced or threatened (in writing) against all or any portion of the Real Property.
Condemnation Proceeding. Borrower will have the authority to settle or compromise the claims or Condemnation Proceeding, as the case may be, provided that Xxxxxx has approved in Xxxxxx’s sole discretion any compromise or settlement that exceeds $1,000,000. Any check for Insurance Proceeds or Condemnation Awards, as the case may be (the "Proceeds") will be made payable to Lender and Borrower. Borrower will endorse the check to Lender immediately upon Lender presenting the check to Borrower for endorsement or if Borrower receives the check first, will endorse the check immediately upon receipt and forward it to Lender. If any Proceeds are paid to Borrower, Borrower immediately will deposit the Proceeds with Lender, to be applied or disbursed in accordance with the provisions of this Deed of Trust. Xxxxxx will be responsible for only the Proceeds actually received by Xxxxxx.
Condemnation Proceeding. Any proceeding or threatened proceeding condemnation, eminent domain or written request in lieu thereof.
Condemnation Proceeding. Subject to any Ground Lessor's rights under a Ground Lease, Borrower shall, on behalf of Borrower and Lender, defend any condemnation proceeding and/or negotiate with the condemning authority to obtain a satisfactory payment for any taking. Borrower shall notify Lender of the status of any such condemnation proceeding on a monthly basis and shall provide Lender with copies of all pleadings filed.
Condemnation Proceeding. Prior to the execution and ----------------------- submission to the Court of a stipulation of settlement providing for acquisition of the Acquired Assets, the City must obtain approval of such settlement from the Comptroller of the City of New York. After approval of the Comptroller, the City, JWS and the Parent agree that the parties shall file in the condemnation proceeding filed by the City and pending in Supreme Court, Queens County (the "Condemnation Proceeding") a stipulation and agreement of settlement in a form to be agreed on as to the value of the Acquired Assets. Such stipulation shall provide for the acquisition of the Acquired Assets by condemnation and for the Acquisition Price as the amount of just compensation to be paid. The judgment of the court in accordance with the stipulation in the Condemnation Proceeding shall be final, binding and conclusive with respect to all terms, including the amount of the Acquisition Price, and neither party shall appeal such judgment. The parties hereto shall use their respective best efforts to assure that the Vesting Date shall occur on, or as close as possible to, the Vesting Date as defined in the Nassau Agreement.
Condemnation Proceeding. Following the submission to the ----------------------- court and the filing of a stipulation of settlement as set forth in Section 4.7, and the filing of the decision of the court and the final judgment and final decree of the court in the amount of the Acquisition Price, subject to adjustment as provided in Section 1.3, an order of condemnation (the "Order of Condemnation") shall be entered and thereupon (the date of entry of such Order of Condemnation referred to as the "Vesting Date") title shall vest in the City pursuant to General City Law (S) 20(2). 5.2
Condemnation Proceeding. The parties hereto shall have filed in the ----------------------- Condemnation Proceeding a stipulation and agreement of settlement in a form to be agreed upon reflecting the terms of this Agreement, the court in such Condemnation Proceeding shall have entered its decision and the final judgment and final decree of the court in the amount of the Acquisition Price and an order of condemnation (the "Order of Condemnation") shall have been entered --------------------- vesting title in the Water Authority (the date of entry of the Order of Condemnation referred to as the "Vesting Date"); provided, however, that the ------------ -------- ------- Vesting Date shall not occur until the Water Authority has sold, issued and delivered its bonds to finance the Asset Acquisition.
