Entire or Partial Condemnation. If the whole or any part of the Premises shall be taken or condemned by any competent authority for any public use or purposes during the Term of the Lease, this Lease shall terminate with respect to the part of the Premises so taken and any other portion of the Premises as may be specified by Tenant, and, subject to the applicable provisions of this Lease, Tenant reserves unto itself the right to claim and prosecute its claim in all appropriate courts and agencies for any award or damages based upon loss, damage or injury to its leasehold interest (as well as relocation and moving costs), including with respect to the following sentence. In consideration of Tenant’s payment for all of the cost of construction of the improvements constituting the Premises, Landlord hereby assigns to Tenant all claims, awards and entitlements relating to the Premises arising from the exercise of the power of condemnation or eminent domain, including, without limitation, any claims for loss of fee title interest in the Premises, subject to the applicable provisions of any Leasehold Mortgage.
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Samples: Development Agreement, Development Agreement
Entire or Partial Condemnation. If the whole or any part of the Premises shall be taken or condemned by any competent authority for any public use or purposes during the Term of the LeaseTerm, this Lease shall terminate with respect to the part of the Premises so taken and any other portion of the Premises as may be specified by Tenanttaken, and, subject to the applicable provisions of this LeaseLease and the provisions of any Leasehold Mortgage, Tenant reserves unto itself the right to claim and prosecute its claim in all appropriate courts and agencies for any award or damages based upon loss, damage or injury to its leasehold interest (as well as relocation and moving costs), including with respect to the following sentence. In consideration of Tenant’s payment for all of the cost of construction of the improvements constituting the Premises, Landlord hereby assigns to Tenant (subject only to the provisions of any Leasehold Mortgage) all claims, awards and entitlements relating to the Premises arising from the exercise of the power of condemnation or eminent domain, including, without limitation, any claims for loss of fee title interest in the Premises. Notwithstanding the foregoing, subject Landlord shall retain any claims it may have relating to the applicable provisions loss of any Leasehold MortgageRent, provided that the condemnation is not initiated or prosecuted by Landlord or at the request of Landlord.
Appears in 2 contracts
Samples: Land and Improvements Lease, Modification Agreement
Entire or Partial Condemnation. If the whole or any part of the Premises shall be taken or condemned by any competent authority for any public use or purposes during the Term of the LeaseTerm, this Lease shall terminate with respect to the part of the Premises so taken and any other portion of the Premises as may be specified by Tenanttaken, and, subject to the applicable provisions of this LeaseLease and the provisions of any Leasehold Mortgage, Tenant reserves unto itself the right to claim and prosecute its claim in all appropriate courts and agencies for any award or damages based upon loss, damage or injury to its leasehold interest (as well as relocation and moving costs), including with respect to the following sentence. In consideration of Tenant’s payment for all of the cost of construction of the improvements constituting the Premises, Landlord hereby assigns to Tenant (subject only to the provisions of any Leasehold Mortgage) all claims, awards and entitlements relating to the Premises arising from the exercise of the power of condemnation or eminent domain, including, without limitation, any claims for loss of fee title interest in the Premises, subject to the applicable provisions of any Leasehold Mortgage.
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