Common use of Partial Taking Without Termination Clause in Contracts

Partial Taking Without Termination. Net Awards and Payments received on account of a Condemnation, other than a total Condemnation or a Partial Taking which results in termination hereof or a taking for temporary use, shall be held by County and shall be paid out to Lessee or Xxxxxx’s designee(s), in monthly installments equal to the sum set forth in Lessee’s written request for payment submitted to County together with supporting invoices and documentation demonstrating that the requested sums are for payments to contractors, consultants, architects, engineers, counsel, or materialmen engaged in the restoration of the Premises and any Improvements. Such requested sums shall be paid by County to Lessee or its designee(s) within thirty (30) days after County has received such request in writing reasonably supported by accompanying invoices and documentation. In the event that County disputes any sum requested by Xxxxxx pursuant to the preceding sentence, County shall promptly pay the undisputed portion and provide Lessee with a written notice detailing the reasons for County’s dispute. Thereafter, Director and Xxxxxx shall promptly meet and negotiate in good faith to resolve any dispute; provided, however, that any dispute not resolved within thirty (30) days after Xxxxxx has received notice from County of its dispute shall be submitted to arbitration pursuant to Article 16. The balance, if any, shall be divided between County and Lessee pro rata, as nearly as practicable, based upon (1) the then value of County’s interest in the Premises (including its interest hereunder) and (2) the then value of Xxxxxx’s interest in the remainder of the Term of this Lease including bonus value (for such purposes, the Term of this Lease shall not be deemed to have terminated even if Lessee so elects under Section 6.4). Any determinations of fair market value made pursuant to this Section 6.7 shall be predicated upon the Income Approach. Notwithstanding the foregoing, if County is the condemning authority and the Condemnation pertains only to Xxxxxx’s interest, then Lessee shall be entitled to the entire amount of the Net Awards and Payments. In case of a Condemnation described in this Subsection 6.7.1, Lessee shall furnish to County evidence satisfactory to County of the total cost of the restoration required by Section 6.4.

Partial Taking Without Termination. Subject to Section 12.6, Net Awards and Payments received on account of a Condemnation, other than a total Condemnation or a Partial Taking which results in termination hereof or of the Lease with respect to the entire Premises, and other than a taking for temporary use, shall be held by County. If restoration or repair work to the remaining Premises is required as a result of the Partial Taking, then County and shall be paid pay out to Lessee or Xxxxxx’s designee(s), amounts of the Net Awards and Payments for costs incurred by Lessee to perform such restoration or repair work, in monthly installments equal to the sum set forth in LesseeXxxxxx’s written request for payment submitted to County together with supporting invoices and documentation demonstrating that the requested sums are for payments to contractors, consultants, architects, engineers, counsel, or materialmen engaged in the restoration of the Premises and any Improvements. Such requested sums shall be paid by County to Lessee or its designee(s) within thirty (30) days after County has received such request in writing reasonably supported by accompanying invoices and documentation. In the event that County disputes any sum requested by Xxxxxx pursuant to the preceding sentence, County shall promptly pay the undisputed portion and provide Lessee with a written notice detailing the reasons for County’s dispute. Thereafter, Director and Xxxxxx shall promptly meet and negotiate in good faith to resolve any dispute; provided, however, that any dispute not resolved within thirty (30) days after Xxxxxx has received notice from County of its dispute shall be submitted to arbitration pursuant to Article 16. The balance, if any, of the Net Awards and Payments on a Partial Taking that does not result in a termination of the Lease with respect to the entire Premises shall be divided between County and Lessee pro rata, as nearly as practicable, based upon (1) the then fair market value immediately prior to the Date of Taking of County’s interest under this Lease (including reversionary interest) with respect to the portion of the Premises and Improvements taken in the Partial Taking, as compared to (2) the fair market value immediately prior to the Date of Taking of Xxxxxx’s remaining leasehold interest in the Premises (including its interest hereunder) and (2) rights to use the then value of Xxxxxx’s interest in Improvements for the remainder of the Term of this Lease the Lease, and including any bonus value (for such purposes, in the Term of this Lease shall not be deemed to have terminated even if Lessee so elects under Section 6.4Lease). Any determinations of fair market value made pursuant to this Section 6.7 shall be predicated upon the Income Approach. Notwithstanding the foregoing, if County is the condemning authority and the Condemnation pertains only to Xxxxxx’s interest, then Lessee shall be entitled to the entire amount of the Net Awards and Payments. In case of a Condemnation described in this Subsection 6.7.1, Lessee shall furnish to County evidence satisfactory to County of the total cost of the restoration required by Section 6.4.

Partial Taking Without Termination. Subject to Section 12.6, Net Awards and Payments received on account of a Condemnation, other than a total Condemnation or a Partial Taking which results in termination hereof or of the Lease with respect to the entire Premises, and other than a taking for temporary use, shall be held by County. If restoration or repair work to the remaining Premises is required as a result of the Partial Taking, then County and shall be paid pay out to Lessee or XxxxxxLessee’s designee(s), amounts of the Net Awards and Payments for costs incurred by Lessee to perform such restoration or repair work, in monthly installments equal to the sum set forth in Lessee’s written request for payment submitted to County together with supporting invoices and documentation demonstrating that the requested sums are for payments to contractors, consultants, architects, engineers, counsel, or materialmen engaged in the restoration of the Premises and any Improvements. Such requested sums shall be paid by County to Lessee or its designee(s) within thirty (30) days after County has received such request in writing reasonably supported by accompanying invoices and documentation. In the event that County disputes any sum requested by Xxxxxx Lessee pursuant to the preceding sentence, County shall promptly pay the undisputed portion and provide Lessee with a written notice detailing the reasons for County’s dispute. Thereafter, Director and Xxxxxx Lessee shall promptly meet and negotiate in good faith to resolve any dispute; provided, however, that any dispute not resolved within thirty (30) days after Xxxxxx Lessee has received notice from County of its dispute shall be submitted to arbitration pursuant to Article 16. The balance, if any, of the Net Awards and Payments on a Partial Taking that does not result in a termination of the Lease with respect to the entire Premises shall be divided between County and Lessee pro rata, as nearly as practicable, based upon (1) the then fair market value immediately prior to the Date of Taking of County’s interest under this Lease (including reversionary interest) with respect to the portion of the Premises and Improvements taken in the Partial Taking, as compared to (2) the fair market value immediately prior to the Date of Taking of Lessee’s remaining leasehold interest in the Premises (including its interest hereunder) and (2) rights to use the then value of Xxxxxx’s interest in Improvements for the remainder of the Term of this Lease the Lease, and including any bonus value (for such purposes, in the Term of this Lease shall not be deemed to have terminated even if Lessee so elects under Section 6.4Lease). Any determinations of fair market value made pursuant to this Section 6.7 shall be predicated upon the Income Approach. Notwithstanding the foregoing, if County is the condemning authority and the Condemnation pertains only to Xxxxxx’s interest, then Lessee shall be entitled to the entire amount of the Net Awards and Payments. In case of a Condemnation described in this Subsection 6.7.1, Lessee shall furnish to County evidence satisfactory to County of the total cost of the restoration required by Section 6.4.

Partial Taking Without Termination. Net Awards and Payments received on account of a Condemnation, other than a total Condemnation or a Partial Taking which results in termination hereof or a taking for temporary use, shall be held by County and shall be paid out to Lessee or XxxxxxLessee’s designee(s), in monthly installments equal to the sum set forth in Lessee’s written request for payment submitted to County together with supporting invoices and documentation demonstrating that the requested sums are for payments to contractors, consultants, architects, engineers, counsel, or materialmen engaged in the restoration of the Premises and any Improvements. Such requested sums shall be paid by County to Lessee or its designee(s) within thirty (30) days after County has received such request in writing reasonably supported by accompanying invoices and documentation. In the event that County disputes any sum requested by Xxxxxx Lessee pursuant to the preceding sentence, County shall promptly pay the undisputed portion and provide Lessee with a written notice detailing the reasons for County’s dispute. Thereafter, Director and Xxxxxx Lessee shall promptly meet and negotiate in good faith to resolve any dispute; provided, however, that any dispute not resolved within thirty (30) days after Xxxxxx Lessee has received notice from County of its dispute shall be submitted to arbitration pursuant to Article 16. The balance, if any, shall be divided between County and Lessee pro rata, as nearly as practicable, based upon (1) the then value of County’s interest in the Premises (including its interest hereunder) and (2) the then value of XxxxxxLessee’s interest in the remainder of the Term of this Lease including bonus value (for such purposes, the Term of this Lease shall not be deemed to have terminated even if Lessee so elects under Section 6.4). Any determinations of fair market value made pursuant to this Section 6.7 shall be predicated upon the Income Approach. Notwithstanding the foregoing, if County is the condemning authority and the Condemnation pertains only to XxxxxxLessee’s interest, then Lessee shall be entitled to the entire amount of the Net Awards and Payments. In case of a Condemnation described in this Subsection 6.7.1, Lessee shall furnish to County evidence satisfactory to County of the total cost of the restoration required by Section 6.4.

Partial Taking Without Termination. Net Awards and Payments received on account of a Condemnation, other than a total Condemnation or a Partial Taking which results in termination hereof or a taking for temporary use, shall be held by County and shall be paid out to Lessee or XxxxxxLessee’s designee(s), in monthly installments equal to the sum set forth in Lessee’s written request for payment submitted to County together with supporting invoices and documentation demonstrating that the requested sums are for payments to contractors, consultants, architects, engineers, counsel, or materialmen engaged in the restoration of the Premises Property and any Improvements. Such requested sums shall be paid by County to Lessee or its designee(s) within thirty (30) days after County has received such request in writing reasonably supported by accompanying invoices and documentation. In the event that County disputes any sum requested by Xxxxxx Lessee pursuant to the preceding sentence, County shall promptly pay the undisputed portion and provide Lessee with a written notice detailing the reasons for County’s dispute. Thereafter, Director the Chief Real Estate Officer and Xxxxxx Lessee shall promptly meet and negotiate in good faith to resolve any dispute; provided, however, that any dispute not resolved within thirty (30) days after Xxxxxx has received notice from County of its dispute shall be submitted to arbitration pursuant to Article 16. The balance, if any, shall be divided between County and Lessee pro rata, as nearly as practicable, based upon (1a) the then value of County’s interest in the Premises Property (including its interest hereunder) ), and (2b) the then value of XxxxxxLessee’s interest in the remainder of the Term of this Lease including bonus value (for such purposes, the Term of this Lease shall not be deemed to have terminated even if Lessee so elects under Section 6.4). Any determinations of fair market value made pursuant to this Section 6.7 shall be predicated upon the Income Approach. Notwithstanding the foregoing, if County is the condemning authority and the Condemnation pertains only to XxxxxxLessee’s interest, then Lessee shall be entitled to the entire amount of the Net Awards and Payments. In case of a Condemnation described in this Subsection 6.7.1, Lessee shall furnish to County evidence satisfactory to County of the total cost of the restoration required by Section 6.4.6.4.‌