Distribution of Condemnation Award. Any condemnation award or payment shall be distributed in the following order: (a) first, to any ground lessor, mortgagee or beneficiary under a deed of trust encumbering the Premises, the amount of its interest in the Premises; (b) second, to Tenant, only the amount, if any, of any award specifically designated for loss of or damage to Tenant's movable trade fixtures or removable personal property, and the Tenant hereby assigns any other rights which the Tenant may have now or in the future to any other award to the Landlord; and (c) third, to Landlord, the remainder of such award, whether as compensation for reduction in the value of the leasehold, the taking of the fee, or otherwise. In no event shall Tenant have any claim against Landlord for the value of any unexpired term of this Lease. If this Lease is not terminated, Landlord shall repair any damage to the Premises caused by the condemnation, except that Landlord shall not be obligated to repair any damage for which Tenant has been reimbursed by the condemning authority.
Distribution of Condemnation Award. 21 15.5 Waiver...................................................................... 21
Distribution of Condemnation Award. Any condemnation award or payment shall be distributed in the following order: (a) first, to any ground lessor, mortgagee or beneficiary under a deed of trust encumbering the Premises, the amount of its interest in the Premises; (b) second, to Tenant, only the amount of any award specifically designated for loss of or damage to Tenant’s trade fixtures or removable personal property and the Tenant hereby assigns any other rights which the Tenant may have now or in the future to any other award to the Landlord; and (c) third, to Landlord, the remainder of such award, whether as compensation for reduction in the value of the leasehold, tire taking of the fee, or otherwise. If this Lease is not terminated, Landlord shall repair any damage to the Premises caused by the condemnation, except that Landlord shall not be obligated to repair any damage for which Tenant has been reimbursed by the condemning authority. If the severance damages received by Landlord are not sufficient to pay for such repair, Landlord shall have the right to either terminate this Lease or make such repair at Landlord’s expense. Tenant shall have the right to pursue its claim against the condemning authority for trade fixtures, improvements, good will, and moving expenses in connection with any eminent domain proceeding provided that any such claim does not diminish Landlord’s award for the taking of Landlord’s land improvements, loss of rental income, or compensation for reduction in the value of the leasehold.
Distribution of Condemnation Award. The condemnation award shall be divided as the respective interests of the Lessor and Lessee are determined pursuant to California Code of Civil Procedure Section 1260.220(a); provided, however, that if Lessee is in default under the terms of this Lease at the time of the condemnation award, Lessee shall not receive any part of the award; and provided further that the award shall be applied toward restoration of the Leased Premises necessitated by a Partial Taking.
Distribution of Condemnation Award. Any condemnation award or payment shall be distributed in the following order: (a) first, to any ground lessor, mortgagee or beneficiary under a deed of trust encumbering the Premises, the amount of its interest in the Premises; (b) second, to Tenant, only the amount, if any, of any award specifically designated for loss of or damage to Tenant's movable trade fixtures or removable personal property and/or Tenant Work, and the Tenant hereby assigns any other rights which the Tenant may have now or in the future to any other award to the Landlord; and (c) third, to Landlord, the remainder of such award, whether as compensation for reduction in the value of the leasehold, the taking of the fee, or otherwise. In no event shall Tenant have any claim against Landlord for the value of any unexpired term of this Lease. If this Lease is not terminated, Tenant shall be entitled to abatement of rent in same manner as set forth in Section 13.2 above and
Distribution of Condemnation Award. Any condemnation award or payment shall be distributed in the following order: (a) first, to any ground lessor, mortgagee or beneficiary under a deed of trust encumbering the Property, the amount of its interest in the Property; (b) second, to LESSEE, only the amount of any award specifically designated for loss of or damage to LESSEE'S rights and interests in the Property and the LESSEE hereby assigns any other rights which the LESSOR may have now or in the future to any other award to the LESSOR; and (c) third, to LESSOR, the remainder of such award, whether as compensation for reduction in the value of the leasehold, the taking of the fee, or otherwise. LESSEE shall have the right to pursue its claim against the condemning authority for any damages which it suffers in connection with any eminent domain proceeding.
Distribution of Condemnation Award. Any condemnation award or payment for the Building and the Property shall be paid to Landlord and Tenant shall have no claim thereto; except that Tenant shall have the right to bring a separate claim for an award specifically designated for loss of or damage to Tenant’s trade fixtures or removable personal property, goodwill and relocation costs and the Tenant hereby assigns any other rights which the Tenant may have now or in the future to any other award to the Landlord. If this Lease is not terminated, Landlord shall repair any damage to the Premises caused by the condemnation, except that Landlord shall not be obligated to repair any damage for which Xxxxxx has been reimbursed by the condemning authority. If the severance damages received by Landlord are not sufficient to pay for such repair, Landlord shall have the right to either terminate this Lease or make such repair at Landlord’s expense.
Distribution of Condemnation Award. The condemnation award shall belong to and be paid solely to Landlord to the extent the award is allocated to the taking of land. The condemnation award shall belong to and be paid solely to Tenant to the extent the award is allocated to the taking of buildings or other improvements or portions thereof or the loss of business, use or personal property. Tenant shall be entitled to receive any portion of the award paid by the condemnor which is designated as compensation to Tenant for moving costs or any other costs, fees or expenses incurred or to be incurred by Tenant.
Distribution of Condemnation Award. Any condemnation award or payment shall be distributed in the following order: (a) first, to any ground lessor, mortgagee or beneficiary under a deed of trust encumbering the Property, the amount of its interest in the Property; (b) second, to Lessee, only the amount of any award specifically designated for loss of or damage to Lessee’s rights and interests in the Property and the Lessee hereby assigns any other rights which the Lessor may have now or in the future to any other award to the Lessor; and (c) third, to Lessor, the remainder of such award, whether as compensation for reduction in the value of the leasehold, the taking of the fee, or otherwise. Lessee shall have the right to pursue its claim against the condemning authority for any damages which it suffers in connection with any eminent domain proceeding. ESTOPPEL CERTIFICATES, SUBORDINATION AND MORTGAGEE PROTECTION Estoppel Certificates Within ten (10) days of request therefor by Lessor, Lessee shall execute a written certificate, in the form presented by Lessor, acknowledging and certifying to matters requested by Lessor, including without limitation, the following; (a) that Lessee is in full and complete possession of the Property, such possession having been delivered by Lessor or its predecessor and accepted by Lessee; (b) that this Lease is in full force and effect and has not been amended, modified, supplemented, or superseded except as specifically noted; (c) that there is no existing default on the part of Lessor in the performance of any covenant, agreement or condition contained in the Lease to be performed by Lessor; (d) that the Lessee does not have any actual or pending claim against the Lessor; (e) that no Rents or other charges have been prepaid by Lessee; (f) that the addressee of said certificate may rely on the representations therein made; (g) certifying as to the Commencement Date, termination date, the date on which Rents commenced to accrue under this Lease, and the date through which Rents and other charges hereunder have been paid; and (h) providing any other pertinent information as Lessor or their agent might reasonably request. Failure to comply with this Article shall be a material breach of this Lease by Lessee giving Lessor all rights and remedies under 0 hereof, as well as a right to damages caused by the loss of a loan or sale which may result from such failure by Lessee.
Distribution of Condemnation Award. Any Condemnation Award shall belong to and shall be paid to Lessor, and Lessee agrees that Lessor shall be solely entitled to pursue, negotiate, settle, or otherwise resolve any and all issues relating to the amount or nature of such Condemnation Award, and Lessee waives any rights in respect thereto or claims arising out of any decision or resolution of the matter approved or otherwise reached by Lessor; provided, however, that in the event the amount of any such Condemnation Award relates to any portion of the Premises that remains subject to the Lease at such time, then Lessor agrees to pay to Lessee a portion of such Condemnation Award equal to the sum of:
