Common use of Division of Condemnation Award Clause in Contracts

Division of Condemnation Award. Any award made as a result of any ------------------------------ condemnation of the Premises shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any condemnation award for any temporary taking where this Lease is not terminated as a result of such taking or that is made directly to Tenant (i) for the taking of personal property or Trade Fixtures of Tenant, (ii) for the interruption of Tenant's business or its moving costs, (iii) for loss of Tenant's goodwill, (iv) the value of any Leasehold Improvements installed at Tenant's expense which Tenant has the right to remove, or (v) the unamortized value of Leasehold Improvements installed at Tenant's expense which Tenant does not have the right to remove. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure and the provisions of any similar law hereinafter enacted allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the Premises.

Division of Condemnation Award. Any award made as a result of for any ------------------------------ condemnation of the Premises Premises, the Building, the Common Areas or the Project, or any portion thereof, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any condemnation award for any temporary taking where this Lease is not terminated as a result of such taking or that is made directly to Tenant (i) for the taking of personal property property, inventory or Trade Fixtures of trade fixtures belonging to Tenant, (ii) for the interruption of Tenant's business or its moving costs, (iii) for loss of Tenant's goodwill, (iv) the value for any temporary taking where this Lease is not terminated as a result of any Leasehold Improvements installed at Tenant's expense which Tenant has the right to remove, such taking or (v) the unamortized value of Leasehold Improvements installed any alterations constructed at Tenant's expense which Tenant does not have the right to removecost. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this ArticleArticle 11, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure Procedure, and the provisions of any similar law hereinafter enacted enacted, allowing either party to petition the Superior Court to terminate this Lease and/or allocating condemnation awards between Landlord and Tenant in the event of a partial taking of the Premises.

Division of Condemnation Award. Any award made as a result of for any ------------------------------ condemnation taking of the Premises Property, the Building, the Outside Areas or the Leased Premises, or any portion thereof, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any condemnation portion of the award that is made specifically (i) for the taking of personal property, inventory or trade fixtures belong to Tenant, (ii) for Tenant’s moving costs, or (iii) for any temporary taking where this Lease is not terminated as a result of such taking or that is made directly to Tenant (i) for the taking of personal property or Trade Fixtures of Tenant, (ii) for the interruption of Tenant's business or its moving costs, (iii) for loss of Tenant's goodwill, (iv) the value of any Leasehold Improvements installed at Tenant's expense which Tenant has the right to remove, or (v) the unamortized value of Leasehold Improvements installed at Tenant's expense which Tenant does not have the right to removetaking. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure Procedure, and the provisions of any similar law hereinafter enacted enacted, allowing either party to petition the Superior Court to terminate this Lease and/or otherwise allocate condemnation awards between Landlord and Tenant in the event of a partial taking of the Leased Premises.. Landlord Initials W Tenant Initials NH

Division of Condemnation Award. Any award made as a result of any ------------------------------ condemnation of the Premises or the Common Area shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any condemnation award that is made directly to Tenant for the following so long as the award made to Landlord is not thereby reduced: (i) for the taking of personal property or Trade Fixtures belonging to Tenant; (ii) for the interruption of Tenant's business or its moving costs; (iii) for loss of Tenant's goodwill; or (iv) for any temporary taking where this Lease is not terminated as a result of such taking or that is made directly to Tenant (i) for the taking of personal property or Trade Fixtures of Tenant, (ii) for the interruption of Tenant's business or its moving costs, (iii) for loss of Tenant's goodwill, (iv) the value of any Leasehold Improvements installed at Tenant's expense which Tenant has the right to remove, or (v) the unamortized value of Leasehold Improvements installed at Tenant's expense which Tenant does not have the right to removetaking. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure Section 1265.130 and the provisions of any similar law hereinafter enacted allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the Premises. Any award other than for a temporary taking shall be solely for the benefit of Landlord, and Tenant hereby waives any right thereto (including, without limitation, any award based upon any "bonus value" of this Lease). Tenant hereby waives the provisions of any Law governing a lessee's right to terminate a leasehold or share in any award therefor to the extent inconsistent with this Article 12.

Division of Condemnation Award. Any award made as a result of for any ------------------------------ condemnation taking of the Premises Property, the Building, or the Leased Premises, or any portion thereof, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any condemnation portion of the award for any temporary taking where this Lease is not terminated as a result of such taking or that is made directly to Tenant specifically (i) for the taking of personal property property, inventory or Trade Fixtures of trade fixtures belonging to Tenant, (ii) for the interruption of Tenant's business or its moving costs, or (iii) for loss of Tenant's goodwill, (iv) the value of any Leasehold Improvements leasehold improvements installed at and paid for by Tenant's expense which Tenant has the right to remove, or (v) the unamortized value of Leasehold Improvements installed at Tenant's expense which Tenant does not have the right to remove. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure Procedure, and the provisions of any similar law hereinafter enacted enacted, allowing either party to petition the Superior Supreme Court to terminate this Lease and/or otherwise allocate condemnation awards between Landlord and Tenant in the event of a partial taking of the Leased Premises. In the event of a temporary taking, Tenant shall receive the entire condemnation award, provided that Tenant is not in default hereunder and continues pay all rent (including Base Monthly Rent and Additional Rent) due under this Lease.

Division of Condemnation Award. Any award made as a result of any ------------------------------ condemnation of the Premises or the Common Area shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any condemnation award that is made directly to Tenant for the following so long as the award made to Landlord is not thereby reduced: (i) for the taking of personal property or Trade Fixtures belonging to Tenant or for the unamortized cost of Tenant's Alterations installed and paid for by Tenant and which Tenant is obligated to remove under this Lease, (ii) for the interruption of Tenant's business or its moving and relocation costs, (iii) for loss of Tenant's goodwill; or (iv) for any temporary taking where this Lease is not terminated as a result of such taking or that is made directly to Tenant (i) for the taking of personal property or Trade Fixtures of Tenant, (ii) for the interruption of Tenant's business or its moving costs, (iii) for loss of Tenant's goodwill, (iv) the value of any Leasehold Improvements installed at Tenant's expense which Tenant has the right to remove, or (v) the unamortized value of Leasehold Improvements installed at Tenant's expense which Tenant does not have the right to removetaking. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure Section 1265.130 and the provisions of any similar law hereinafter enacted allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the Premises.

Division of Condemnation Award. Any award made as a result of for any ------------------------------ condemnation taking of the Premises Property, the Building, the Outside Areas or the Leased Premises, or any portion thereof, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any condemnation portion of the award that is (1) made specifically (i) for the taking of personal property, inventory or trade fixtures belong to Tenant, (ii) for the interruption of Tenant’s business or its moving costs, (iii) for loss of Tenant’s goodwill, or (iv) for any temporary taking where this Lease is not terminated as a result of such taking or that is made directly and/or (2) attributable to Tenant the unamortized portion (idetermined on a straight line basis from the commencement date to the then-scheduled expiration date) for of the taking of personal property or Trade Fixtures of Tenant, (ii) for the interruption of Tenant's business or its moving costs, (iii) for loss of Tenant's goodwill, (iv) the value cost of any Leasehold Improvements alterations, modifications, or additions constructed or installed in the Leased Premises by Tenant at Tenant's expense which Tenant has the right to remove, or (v) the unamortized value of Leasehold Improvements installed at Tenant's expense which Tenant does not have the right to remove’s sole cost and expense. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure Procedure, and the provisions of any similar law hereinafter enacted enacted, allowing either party to petition the Superior Court to terminate this Lease and/or otherwise allocate condemnation awards between Landlord and Tenant in the event of a partial taking of the Leased Premises.

Division of Condemnation Award. Any Except as expressly provided below to the contrary, any award made as a result of any ------------------------------ condemnation of the Premises shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any condemnation award that is made directly to Tenant for the following: (i) for the taking of the Tenant’s Alterations which are not required to be surrendered to Landlord at the termination of this Lease and/or Tenant’s Trade Fixtures; (ii) for the interruption of Tenant’s business or its moving costs; (iii) for loss of Tenant’s goodwill; or (iv) for any temporary taking where (except to the extent this Lease is not terminated as a result of such taking or that temporary taking). If this Lease is made directly not terminated on account of the taking, Landlord shall be entitled to Tenant (i) the condemnation award for the taking of personal property or Trade Fixtures the Tenant Improvements, and Tenant hereby assigns to Landlord all of Tenantits right, (ii) title and interest in any such award. If this Lease is terminated as a consequence of a taking, Tenant shall be entitled to the condemnation award for the interruption taking of Tenant's business or the Tenant Improvements and Landlord hereby assigns to Tenant all of its moving costsright, (iii) for loss of Tenant's goodwill, (iv) the value of title and interest in any Leasehold Improvements installed at Tenant's expense which Tenant has the right to remove, or (v) the unamortized value of Leasehold Improvements installed at Tenant's expense which Tenant does not have the right to removesuch award. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure procedure Section 1265.130 and the provisions of any similar law hereinafter enacted allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the Premises.

Division of Condemnation Award. Any award made as a result of for any ------------------------------ condemnation of the Premises Project, the Building, the Common Areas or the Leased Premises, or any portion thereof, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any condemnation award for any temporary taking where this Lease is not terminated as a result of such taking or that is made directly to Tenant (i) for the taking of personal property property, inventory or Trade Fixtures of trade fixtures belonging to Tenant, (ii) for the interruption of Tenant's business or its moving costs, (iii) for loss of Tenant's goodwill, or (iv) the value for any temporary taking where this Lease is not terminated as a result of any Leasehold Improvements installed at Tenant's expense which Tenant has the right to remove, or (v) the unamortized value of Leasehold Improvements installed at Tenant's expense which Tenant does not have the right to removesuch taking. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure Procedure, and the provisions of any similar law hereinafter enacted enacted, allowing either party to petition the Superior Court to terminate this Lease and/or allocating condemnation awards between Landlord and Tenant in the event of evenx xx a partial taking of the Leased Premises.,

Division of Condemnation Award. Any award made as a result of for any ------------------------------ condemnation taking of the Premises Property, the Building, or the Leased Premises, or any portion thereof, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any condemnation portion of the award for any temporary taking where this Lease is not terminated as a result of such taking or that is made directly to Tenant specifically (i) for the taking of personal property property, inventory or Trade Fixtures of trade fixtures belonging to Tenant, (ii) for the interruption of Tenant's business or its moving costs, or (iii) for loss of Tenant's goodwill, (iv) the value of any Leasehold Improvements leasehold improvements installed at and paid for by Tenant's expense which . In the event of a temporary taking where this Lease is not terminated, because there will be no abatement of rent, Tenant has shall be entitled to all of the right to remove, or (v) the unamortized value of Leasehold Improvements installed at Tenant's expense which Tenant does not have the right to removeaward for said taking. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure Procedure, and the provisions of any similar law hereinafter enacted enacted, allowing either party to petition the Superior Supreme Court to terminate this Lease and/or otherwise allocate condemnation awards between Landlord and Tenant in the event of a partial taking of the Leased Premises.