Common use of Damages and Right to Additional Property Clause in Contracts

Damages and Right to Additional Property. Lessor shall be entitled to any award and all damages payable as a result of any condemnation or taking of the fee title of the Premises, provided that the net amount which may be awarded or tendered to Lessor in such condemnation proceedings (less all legal and other expenses incurred by Lessor in connection with such taking) shall (as long as no Lessee is then in default hereunder) be used to pay for any restoration by Lessees of the Relevant Assets, the Additional Improvements and/or the remainder of the Premises hereof to the extent Lessees desire any of the same to be restored. Lessees shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by any Lessee in such Lessee’s own right on account of any and all damage to the Relevant Assets, the Additional Improvements and/or such Lessee’s business by reason of the condemnation, including loss of value of any unexpired portion of the Term, and for or on account of any cost or loss to which such Lessee might be put in removing such Lessee’s personal property, fixtures, leasehold improvements and equipment, including the Relevant Assets and the Additional Improvements, from the Premises. During any periods of time during which the Relevant Assets and/or Additional Improvements are destroyed, damaged, or are being restored or reconstructed (each a “Casualty Event”) under the terms of this Section, Rent hereunder shall be abated in the proportion that Lessees’ use thereof is impacted by such Casualty Event, on the condition that Lessees take commercially reasonable efforts to mitigate the disruption to its business caused by such Casualty Event.

Damages and Right to Additional Property. Lessor shall be entitled to any award and all damages payable as a result of any condemnation or taking of the fee title of the Premises, provided that the net amount which may be awarded or tendered to Lessor in such condemnation proceedings (less all legal and other expenses incurred by Lessor in connection with such taking) shall (as long as no Lessee is not then in default hereunder) be used to pay for any restoration by Lessees Lessee of the Relevant Assets, the Additional Improvements and/or the remainder of the Premises hereof to the extent Lessees desire Lessee desires any of the same to be restored. Lessees Lessee shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by any Lessee in such Lessee’s own right on account of any and all damage to the Relevant Assets, the Additional Improvements and/or such Lessee’s business by reason of the condemnation, including loss of value of any unexpired portion of the Term, and for or on account of any cost or loss to which such Lessee might be put in removing such Lessee’s personal property, fixtures, leasehold improvements and equipment, including the Relevant Assets and the Additional Improvements, from the Premises. During any periods of time during which the Relevant Assets and/or Additional Improvements are destroyed, damaged, or are being restored or reconstructed (each a “Casualty Event”) under the terms of this Section, Rent hereunder shall be abated in the proportion that Lessees’ Lessee’s use thereof is impacted by such Casualty Event, on the condition that Lessees take Lessee uses commercially reasonable efforts to mitigate the disruption to its business caused by such Casualty Event.

Damages and Right to Additional Property. Lessor shall be entitled to any award and all damages payable as a result of any condemnation or taking of the fee title of the Premises, provided that the net amount which may be awarded or tendered to Lessor in such condemnation proceedings (less all legal and other expenses incurred by Lessor in connection with such taking) shall (as long as no Lessee is not then in default hereunder) be used to pay for any restoration by Lessees Lessee of the Relevant Assets, the Additional Improvements and/or the remainder of the Premises hereof to the extent Lessees desire Lessee desires any of the same to be restored. Lessees Lessee shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by any Lessee in such Lessee’s own right on account of any and all damage to the Relevant Assets, the Additional Improvements and/or such Lessee’s business by reason of the condemnation, including loss of value of any unexpired portion of the Term, and for or on account of any cost or loss to which such Lessee might be put in removing such Lessee’s personal property, fixtures, leasehold improvements and equipment, including the Relevant Assets and the Additional Improvements, from the Premises. During any periods of time during which the Relevant Assets and/or Additional Improvements are destroyed, damaged, or are being restored or reconstructed (each a “Casualty Event”) under the terms of this Section, Rent hereunder shall be abated in the proportion that Lessees’ Lessee’s use thereof is impacted by such Casualty Event, on the condition that Lessees take Lessee takes commercially reasonable efforts to mitigate the disruption to its business caused by such Casualty Event.

Damages and Right to Additional Property. (a) Lessor shall be entitled to any award and all damages payable as a а result of any condemnation or taking of the fee title of the Premises, provided that the net amount which may be awarded or tendered to Lessor in such condemnation proceedings (less all legal and other expenses incurred by Lessor in connection with such taking) shall (as long as no Lessee is not then in default hereunder) be used to pay for any restoration by Lessees Lessee of the Relevant Assets, the Additional Improvements and/or the remainder of the Premises hereof to the extent Lessees desire Lessee desires any of the same to be restored. Lessees Lessee shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by any Lessee in such Lessee’s own right on account of any and all damage to the Relevant Assets, the Additional Improvements and/or such Lessee’s business by reason of the condemnation, including loss of value of any unexpired portion of the Term, and for or on account of any cost or loss to which such Lessee might be put incurs in removing such Lessee’s personal property, fixtures, leasehold improvements and equipment, including the Relevant Assets and the Additional Improvements, from the Premises. (b) Should all or substantially all of the Relevant Assets, Additional Improvements and Shared Access Facilities be destroyed, then Lessee may within the 180-day period after such destruction terminate this Lease by giving written notice to the Lessor, which termination shall be effective on the termination date set forth in such notice, but in no event shall such effective date be later than the end of such 180-day period. During any periods In such event, (i) all Rent and other charges shall be prorated and adjusted to the date of time during which such destruction and (ii) all proceeds of insurance applicable to the Relevant Assets and/or and Additional Improvements are destroyedshall be paid to and remain the property of Lessee. The term “all or substantially all” shall mean any damage to the Relevant Assets, damagedAdditional Improvements and Shared Access Facilities by any cause whatsoever, such that the cost HOU03:1337014 - 12 - of repairing and restoring such assets is equal to or are being restored exceeds 75% of the total replacement cost thereof. Any other damage such that the cost of repair or reconstructed (each restoration is less than 75% of the total replacement cost of the applicable portion of the Relevant Assets, Additional Improvements and Shared Access Facilities shall be deemed to be a “Casualty Eventpartial destruction.”) under the terms of this Section, Rent hereunder shall be abated in the proportion that Lessees’ use thereof is impacted by such Casualty Event, on the condition that Lessees take commercially reasonable efforts to mitigate the disruption to its business caused by such Casualty Event.

Damages and Right to Additional Property. (a) Lessor shall be entitled to any award and all damages payable as a а result of any condemnation or taking of the fee title of the Premises, provided that the net amount which may be awarded or tendered to Lessor in such condemnation proceedings (less all legal and other expenses incurred by Lessor in connection with such taking) shall (as long as no Lessee is not then in default hereunder) be used to pay for any restoration by Lessees Lessee of the Relevant Assets, the Additional Improvements and/or the remainder of the Premises hereof to the extent Lessees desire Lessee desires any of the same to be restored. Lessees Lessee shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by any Lessee in such Lessee’s own right on account of any and all damage to the Relevant Assets, the Additional Improvements and/or such Lessee’s business by reason of the condemnation, including loss of value of any unexpired portion of the Term, and for or on account of any cost or loss to which such Lessee might be put incurs in removing such Lessee’s personal property, fixtures, leasehold improvements and equipment, including the Relevant Assets and the Additional Improvements, from the Premises. (b) Should all or substantially all of the Relevant Assets, Additional Improvements and Shared Access Facilities be destroyed, then Lessee may within the 180-day period after such destruction terminate this Lease by giving written notice to the Lessor, which termination shall be effective on the termination date set forth in such notice, but in no event shall such effective date be later than the end of such 180-day period. During any periods In such event, (i) all Rent and other charges shall be prorated and adjusted to the date of time during which such destruction and (ii) all proceeds of insurance applicable to the Relevant Assets and/or and Additional Improvements are destroyed, damaged, or are being restored or reconstructed (each a “Casualty Event”) under the terms of this Section, Rent hereunder shall be abated in paid to and remain the proportion that Lessees’ use thereof is impacted by such Casualty Event, on the condition that Lessees take commercially reasonable efforts to mitigate the disruption to its business caused by such Casualty Eventproperty of Lessee.

Damages and Right to Additional Property. (a) Lessor shall be entitled to any award and all damages payable as a result of any condemnation or taking of the fee title of the Premises, provided that the net amount which may be awarded or tendered to Lessor in such condemnation proceedings (less all legal and other expenses incurred by Lessor in connection with such taking) shall (as long as no Lessee is not then in default hereunder) be used to pay for any restoration by Lessees Lessee of the Relevant Assets, the Additional Improvements and/or the remainder of the Premises hereof to the extent Lessees desire Lessee desires any of the same to be restored. Lessees Lessee shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by any Lessee in such Lessee’s own right on account of any and all damage to the Relevant Assets, the Additional Improvements and/or such Lessee’s business by reason of the condemnation, including loss of value of any unexpired portion of the Term, and for or on account of any cost or loss to which such Lessee might be put incurs in removing such Lessee’s personal property, fixtures, leasehold improvements and equipment, including the Relevant Assets and the Additional Improvements, from the Premises. (b) Should all or substantially all of the Relevant Assets, Additional Improvements and Shared Access Facilities be destroyed, then Lessee may within the 180-day period after such destruction terminate this Lease by giving written notice to the Lessor, which termination shall be effective on the termination date set forth in such notice, but in no event shall such effective date be later than the end of such 180-day period. During any periods In such event, (i) all Rent and other charges shall be prorated and adjusted to the date of time during which such destruction and (ii) all proceeds of insurance applicable to the Relevant Assets and/or and Additional Improvements are destroyed, damaged, or are being restored or reconstructed (each a “Casualty Event”) under the terms of this Section, Rent hereunder shall be abated in paid to and remain the proportion that Lessees’ use thereof is impacted by such Casualty Event, on the condition that Lessees take commercially reasonable efforts to mitigate the disruption to its business caused by such Casualty Eventproperty of Lessee.