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 Leased Premises shall belong to and be paid to Landlord (except that any Award for partial Condemnation described in Section 12.3 hereof shall (subject to the terms of any first mortgage held by a Lender) be paid to Landlord net of reasonable restoration expenses), 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 expressly (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, and/or (iii) for any temporary taking where this Lease is not terminated as a result of such 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 any law allowing either party to petition a court to terminate this Lease in the event of a partial taking of the Leased Premises.

Appears in 2 contracts

Samples: Lease (Thermadyne Australia Pty Ltd.), Thermadyne Australia Pty Ltd.

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Division of Condemnation Award. Any Award award made as a result of any Condemnation condemnation of the Leased Premises or the Common Area shall belong to and be paid to Landlord (except that any Award for partial Condemnation described in Section 12.3 hereof shall (subject to the terms of any first mortgage held by a Lender) be paid to Landlord net of reasonable restoration expenses)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 expressly for the following: (i) for the taking of personal property or Trade Fixtures belonging to Tenant, (ii) for the interruption of Tenant’s 's business or its moving costs, and/or (iii) for loss of Tenant's goodwill; (iv) for any temporary taking where this Lease is not terminated as a result of such taking; and (v) the unamortized value of any improvements or alterations that were made at Tenant's cost and are owned by Tenant under this Lease. The rights of Landlord and Tenant regarding any Condemnation condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of California Code of Civil Procedure Section 1265.130 and the provisions of any similar law hereinafter enacted allowing either party to petition a court the Superior Court to terminate this Lease in the event of a partial taking of the Leased Premises.

Appears in 1 contract

Samples: Building Lease Agreement (Drexler Technology Corp)

Division of Condemnation Award. Any Award award made as a result of for any Condemnation taking of the Property, the Building, the Outside Areas or the Leased Premises Premises, or any portion thereof, shall belong to and be paid to Landlord (except that any Award for partial Condemnation described in Section 12.3 hereof shall (subject to the terms of any first mortgage held by a Lender) be paid to Landlord net of reasonable restoration expenses)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 directly to Tenant expressly specifically (i) for the taking of personal property property, inventory or Trade Fixtures belonging trade fixtures belong to Tenant, (ii) for the interruption of Tenant’s 's business or its moving costs, and/or (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, and fifty percent (50%) of premium rent award, so long as Lender's security is not adversely affected thereby. The rights of Landlord and Tenant regarding any Condemnation 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 provision of any similar law hereinafter enacted, allowing either party to petition a court 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.

Appears in 1 contract

Samples: Industrial Space Lease (Gatefield Corp)

Division of Condemnation Award. Any Award award made as a result of any Condemnation ------------------------------ condemnation of the Leased Premises Building or the Other Areas shall belong to and be paid to Landlord (except that any Award for partial Condemnation described in Section 12.3 hereof shall (subject to the terms of any first mortgage held by a Lender) be paid to Landlord net of reasonable restoration expenses)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 expressly Tenant, (i) for the taking of personal property or Trade Fixtures belonging to Tenant, (ii) for the interruption of Tenant’s 's business or its moving costs, and/or (iii) for loss of Tenant's goodwill, or (iv) for any temporary taking where this Lease is not terminated as a result of such takingtaking (subject to the requirements of Section 14.1.6), it being understood that any Lease bonus value (the difference between the Monthly Rent and Additional Rent and the then fair market value rent for the Premises) shall be payable and belong to Landlord. The rights of Landlord and Tenant regarding any Condemnation condemnation shall be determined as provided in this ArticleSection, and and, to the extent allowed by applicable law, each party hereby waives the any contrary provisions of any law allowing either party to petition a court to terminate this Lease contained in the event of a partial taking law of the Leased Premisesstate in which the Premises is located.

Appears in 1 contract

Samples: Lease Agreement (Pixtech Inc /De/)

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Division of Condemnation Award. Any Award award made as a result of for any Condemnation taking of the Leased Premises Property, the Building, or the Premises, or any portion thereof, shall belong to and be paid to Landlord (except that any Award for partial Condemnation described in Section 12.3 hereof shall (subject Tenant to the terms extent Tenant is required to restore the Premises or any Building pursuant to Paragraph 11.2 hereof, as well as Tenant's personal property, inventory or trade fixtures. The balance of any first mortgage held by a Lender) be paid to Landlord net of reasonable restoration expenses), and award Tenant hereby assigns to Landlord all of its rightLandlord, title and interest in any such award; except as hereunder provided. Notwithstanding the foregoing, however, that Tenant shall be entitled to receive any condemnation portion of the award that is made directly to Tenant expressly specifically (i) for i)for the taking of personal property property, inventory or Trade Fixtures trade fixtures belonging to Tenant, (ii) for ii)for the interruption of Tenant’s 's business or its moving costs, and/or (iii) the value of its Leasehold, or (iv)for the value of any leasehold improvements installed and paid for any temporary taking where this Lease is not terminated as a result of such takingby Tenant. The rights of Landlord and Tenant regarding any Condemnation 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 a court the 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.

Appears in 1 contract

Samples: Xpeed Networks Inc

Division of Condemnation Award. Any Award made as a result of any Condemnation of the Leased Premises shall belong to and be paid to Landlord (except that any Award for partial Condemnation described in Section 12.3 hereof shall (subject to the terms of any first mortgage held by a Lender) be paid to Landlord net of reasonable restoration expenses), 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 expressly (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, and/or (iii) for any temporary taking where this Lease is not terminated as a result of such 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 any law allowing either party to petition a court to terminate this Lease in the event of a partial taking of the Leased Premises.

Appears in 1 contract

Samples: Default and Remedies (Thermadyne Australia Pty Ltd.)

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