Common use of Division of Condemnation Award Clause in Contracts

Division of Condemnation Award. Any award (“Award”) made as a result of any condemnation or of the taking 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 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, Alterations or Trade Fixtures belonging to Tenant, (ii) for the interruption of Tenant’s business, 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. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Section 13.5, 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 the Superior Court to terminate this Lease in the event of a partial taking of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Palmsource Inc)

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Division of Condemnation Award. Any award (“Award”) made as a result of any condemnation or of the taking 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 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, Alterations or Trade Fixtures belonging to Tenant, (ii) for the interruption of Tenant’s business, 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. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Section 13.5, 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 the Superior Court to terminate this Lease in the event of a partial taking of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Palm Inc)

Division of Condemnation Award. Any award (“Award”) made as a result of any condemnation or of the taking 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 Awardaward; provided, however, that Tenant shall be entitled to receive any Award condemnation award that is made directly to Tenant for the following, following so long as the award made to Landlord is not thereby reduced: (i) for the taking of personal property, Alterations Tenant's Property or Trade Fixtures belonging to Tenant, (ii) for the interruption of Tenant’s business, 's business or its moving and relocation costs, (iii) for loss of Tenant’s 's goodwill, ; or (iv) for LEASE 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 Section 13.5Article, 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 the Superior Court to terminate this Lease in the event of a partial taking of the Premises.

Appears in 1 contract

Samples: Lease (Quickturn Design Systems Inc)

Division of Condemnation Award. Any award ("Award") made as a result ----- of any condemnation or of the taking 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 tide and interest in any such Award; provided, however, that Tenant shall be entitled to receive any Award that is made directly to Tenant for the following, so long as the award made to Landlord landlord is not thereby reduced: (i) for the taking of personal property, Alterations Alterations, Tenant Improvements or Trade Fixtures belonging to Tenant, (ii) for the interruption of Tenant’s business, 's business or its moving and relocation costs, (iii) for loss of Tenant’s 's goodwill, ; or (iv) 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 Section 13.511.5, 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 the Superior Court to terminate this Lease in the event of a partial taking of the Premises.

Appears in 1 contract

Samples: Industrial Lease Agreement (Tibco Software Inc)

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Division of Condemnation Award. Any award (“Award”) made as a result of any condemnation or of the taking 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 Awardaward; provided, however, that Tenant shall be entitled to receive any Award 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, Tenant’s Alterations or which are not required to be surrendered to Landlord at the termination of this Lease and/or Tenant’s Trade Fixtures belonging to Tenant, Fixtures; (ii) for the interruption of Tenant’s business, business or its moving and relocation 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 temporary taking). The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Section 13.5Article, and each party hereby waives the provisions of 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.

Appears in 1 contract

Samples: Lease (Echelon Corp)

Division of Condemnation Award. Any award (“Award”) made as a result of for any condemnation or of the taking of Project, the Premises Building, the Common Areas or the Common Area 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 Awardaward; provided, however, that Tenant shall be entitled to receive any Award 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, Alterations inventory or Trade Fixtures trade fixtures belonging to Tenant, Tenant (ii) for the interruption of Tenant’s business, 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. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Section 13.5Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure Section 1265.130 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 Leased Premises.. Initial _____ _____ _____

Appears in 1 contract

Samples: Industrial Space Lease (Viasystems Group Inc)

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