EMINENT DOMAIN AWARD. Except for Tenant’s relocation expenses (specifically so designated by the court or authority having jurisdiction over the matter) Landlord reserves to itself any and all rights to receive awards made for damages to the Premises, the Building or the leasehold hereby created, or any one or more of them, accruing by reason of exercise of eminent domain or by reason of anything lawfully done in pursuance of public or other authority. Tenant hereby releases and assigns to Landlord all Tenant’s rights to such awards, and covenants to deliver such further assignments and assurances thereof as Landlord may from time to time request, hereby irrevocably designating and appointing Landlord as its attorney-in-fact to execute and deliver in Tenant’s name and behalf all such further assignments thereof.
EMINENT DOMAIN AWARD. Subject to the requirements of any prior Lien on the Collateral so taken, cash equal to the amount of the award for such property or the proceeds of such sale, to be held as Trust Moneys subject to the disposition thereof pursuant to Article XIII hereof.
EMINENT DOMAIN AWARD. If all or any portion of any of the Disposition Parcels, except for the D-2 Block, is taken by eminent domain by the SRA and then conveyed to US2, or a Parcel Developer (as hereinafter defined), the price paid by US2 or such Parcel Developer to the SRA for such Disposition Parcel (or portion thereof) (the “Disposition Parcel Purchase Price”) shall be equal to the aggregate amount of the Eminent Domain Award (as defined below) paid by the SRA for such Disposition Parcel (or portion thereof), in addition to all Costs (as hereinafter defined) associated therewith. The eminent domain award paid by the SRA for a Disposition Parcel (or portion thereof) (each, an “Eminent Domain Award”) shall be an amount determined by the SRA based upon one or more appraisals to be performed at the direction of the SRA, which amount is reviewed and approved by the Massachusetts Department of Housing and Community Development (“DHCD”). All such appraisals shall take into account the presence of any known or suspected hazardous substances. Before the SRA’s giving notice to any persons who may be entitled to damages in the taking by eminent domain of a Disposition Parcel (or portion thereof), and in no event later than the date which is within thirty (30) days following a Notice of Inability to Acquire (as hereinafter defined), the applicable Parcel Developer shall deposit into an interest-bearing (with accrued interest paid quarterly to the Parcel Developer) escrow account owned and administered by the City or SRA (the “SRA Taking Account”), One Hundred and Twenty Percent (120%) of the aggregate amount of (i) the Disposition Parcel Purchase Price of such Disposition Parcel (or portion thereof), plus (ii) the SRA’s reasonable estimate of its Costs (as hereinafter defined) related to such Disposition Parcel (or portion thereof) (collectively, the “Taking Deposit”). The Eminent Domain Award and all Costs shall be paid out of the SRA Taking Account for such Disposition Parcel (or portion thereof). US2, at US2’s sole cost and expense, shall pay all monies necessary for remediation and seek reimbursement, as appropriate, and if and to the extent permitted by Law, from the owner from whom such Disposition Parcel (or portion thereof) was taken by eminent domain or other Responsible or Potentially Responsible Parties under X.X. x. 21E. Under no circumstances shall US2 or a Parcel Developer seek reimbursement from the SRA, the City or the Taking Deposit for remediation costs of a Dispositio...
EMINENT DOMAIN AWARD. The net proceeds of any eminent domain action relating to the Project and/or the Site shall be payable to the District. The term “net proceeds” as used herein shall mean the amount of the Eminent Domain Award less payments made to Lessor under this Facilities Lease, except as provided in section 6.1.
EMINENT DOMAIN AWARD. Except for Tenant's relocation expenses or any separate award which may be granted to Tenant for its removable personal property and unamortized costs of improvements actually paid by Tenant in excess of the Finish Work Allowance (specifically so designated by the court or authority having jurisdiction over the matter) Landlord reserves to itself any and all rights to receive awards made for damages to the Premises, the Building or the leasehold hereby created, or any one or more of them, accruing by reason of exercise of eminent domain or by reason of anything lawfully done in pursuance of public or other authority. Tenant hereby releases and assigns to Landlord all Tenant's rights to such awards, and covenants to deliver such further assignments and assurances thereof as Landlord may from time to time request.
EMINENT DOMAIN AWARD. Irrespective of the form in which recovery may be had by law, all rights to damages or compensation arising from an eminent domain taking, excepting only Tenant’s moving and relocation expenses, trade fixtures and equipment, or as otherwise may be required by law, shall belong to Landlord. Tenant hereby grants to Landlord all of Tenant’s rights to such damages and covenants to deliver such further assignments thereof as Landlord may from time to time request.
EMINENT DOMAIN AWARD. Landlord reserves to itself any and all rights to receive awards made for damages to the Premises and Building and Lot and the leasehold hereby created, or any one or more of them, accruing by reason of exercise of eminent domain or by reason of anything lawfully done in pursuance of public or other authority. Tenant hereby releases and assigns to Landlord all Tenant’s rights to such awards, and covenants to deliver such further assignments and assurances thereof as Landlord may from to time request. Tenant hereby irrevocably designates and appoints Landlord as its attorney-in-fact to execute and deliver in Tenant’s name and on its behalf any such further assignments thereof. Notwithstanding the foregoing, Tenant shall be entitled to any damages for personal property of Tenant and for reasonable relocation expenses which are available to Tenant in a separate action or separate award.
EMINENT DOMAIN AWARD. Landlord reserves to itself any and all rights to receive awards made for damages to the Premises, the Building or the leasehold hereby created, or any one or more of them, accruing by reason of exercise of eminent domain or by reason of anything lawfully done in pursuance of public or other authority. Tenant hereby releases and assigns to Landlord all Tenant's rights to such awards, and covenants to deliver such further assignments and assurances thereof as Landlord may from time to time request. Tenant shall be entitled to claim and retain amounts which may be awarded to Tenant (specifically so designated by the court or authority having jurisdiction over the matter) in any condemnation proceedings due to the taking of its trade fixtures, leasehold improvements, loss of its leasehold estate, relocation expenses, goodwill and such business loss as Tenant shall separately and specifically establish. Landlord agrees that it shall not discriminate against Tenant in the exercise of any right to terminate this Lease in the event of a condemnation or eminent domain taking. ARTICLE VII
EMINENT DOMAIN AWARD. 8.01 Landlord reserves to itself and Tenant assigns to Landlord, all rights to damages accruing on account of any taking under the power of eminent domain or by reason of any act of any public or quasi public authority for which damages are payable. Tenant agrees to execute such instruments of assignment as may be reasonably required by Landlord in any proceeding for the recovery of such damages if requested by Landlord, and to turn over to Landlord any damages that may be recovered in such proceeding. It is agreed and understood, however, that Landlord does not reserve to itself, and Tenant does not assign to part thereof, in the name of the whole, and repossess the same as of Landlord’s former estate or (ii) mail a notice of termination addressed to Tenant and upon such entry or mailing this Lease shall terminate. In the event that this Lease is terminated under any of the foregoing provisions, or otherwise for breach of Tenant’s obligations hereunder, then at Landlord’s option, Tenant covenants to pay forthwith to Landlord as compensation the total rent and additional rent reserved for the residue of the Term, and pay on demand all Landlord’s costs and expenses, including reasonable attorney’s fees, incurred by Landlord in enforcing any obligation of Tenant under this Lease, or in connection with any request by Tenant for Landlord’s consent or approval under this Lease.
EMINENT DOMAIN AWARD. Except for Tenant’s relocation expenses and Tenant’s property including equipment and leasehold improvements that Tenant is entitled to remove upon the expiration of the Term (specifically so designated by the court or authority having jurisdiction over the matter) Landlord reserves to itself any and all rights to receive awards made for damages to the Premises, the Building or the leasehold hereby created, or any one or more of them, accruing by reason of exercise of eminent domain or by reason of anything lawfully done in pursuance of public or other authority. Tenant hereby releases and assigns to Landlord all Tenant’s rights to such awards, and covenants to deliver such further assignments and assurances thereof as Landlord may from time to time request. In the event that the 333 Lease is terminated on account of an eminent domain event, then this Lease shall be so terminated as of the effective date of the termination of the 333 Lease.
