Common use of Taking for Temporary Use Clause in Contracts

Taking for Temporary Use. In the event of a Taking of all or a part of the Property for temporary use, this Lease shall continue without change as between Landlord and Tenant, there shall be no redetermination of Net Rent, Additional Rent, Common Area Rent or other charges and Tenant shall be entitled to the award made for such use, except that: (a) for a Taking of all or part of the Property for a temporary use, if such award is payable periodically as such temporary use continues, it shall be paid to Tenant until the date of expiration or termination of this Lease and to Landlord from and after the date of expiration or termination of this Lease; or, if any such award shall be in a lump sum, Tenant shall be entitled to a sum equal to a maximum of three (3) months’ aggregate Net Rent, and the balance of such award shall be deposited with the Depository. Such balance shall be paid to Tenant in equal quarter-annual installments so long as this Lease shall continue in effect; and (b) for a Taking of all or part of the Property for a temporary use, Tenant shall be entitled to file and prosecute any claim against the condemnor for damages and to recover the same, for any negligent use, waste or injury to the Property throughout the balance of the Term of this Lease. The amount of damages so recovered shall be paid to the Tenant and shall be applied by Tenant first to any necessary repair or restoration of the Property occasioned by such negligent use, waste, or injury.

Taking for Temporary Use. In the event of a Taking of all or a part of the Property Premises for temporary use, this Lease shall continue without change as between Landlord and Tenant, there shall be no redetermination of Net Rent, Additional Rent, Common Area Rent or other charges and Tenant shall be entitled to the award made for such use, except that: (a) for a Taking of all or part of the Property Premises for a temporary use, if such award is payable periodically as such temporary use continues, it shall be paid to Tenant until the date of expiration or termination of this Lease and to Landlord from and after the date of expiration or termination of this Lease; or, if any such award shall be in a lump sum, Tenant shall be entitled to a sum equal to a maximum of three (3) months’ aggregate Net Rent, and the balance of such award shall be deposited with the DepositoryLandlord. Such balance shall be paid to Tenant in equal quarter-annual installments so long as this Lease shall continue in effect; and (b) for a Taking of all or part of the Property Premises for a temporary use, Tenant shall be entitled to file and prosecute any claim against the condemnor for damages and to recover the same, for any negligent use, waste or injury to the Property Premises throughout the balance of the Term of this Lease. The amount of damages so recovered shall be paid to the Tenant and shall be applied by Tenant first to any necessary repair or restoration of the Property Premises occasioned by such negligent use, waste, or injury.

Taking for Temporary Use. In the event of a Taking of all or a part of the Property for temporary use, this Lease shall continue without change as between Landlord and Tenant, there shall be no redetermination of Net Rent, Additional Rent, Common Area Rent or other charges and Tenant shall be entitled to the award made for such use, except that: (a) for a Taking of all or part of the Property for a temporary use, if such award is payable periodically as such temporary use continues, it shall be paid to Tenant until the date of expiration or termination of this Lease and to Landlord from and after the date of expiration or termination of this Lease; or, if any such award shall be in a lump sum, Tenant shall be entitled to a sum equal to a maximum of three (3) months’ aggregate Net Rent, and the balance of such award shall be deposited with the Depository. Such balance shall be paid to Tenant in equal quarter-annual installments so long as this Lease shall continue in effect; and (b) for a Taking of all or part of the Property for a temporary use, Tenant shall be entitled to file and prosecute any claim against the condemnor for damages and to recover the same, for any negligent use, waste or injury to the Property throughout the balance of the Term of this Lease. The amount of damages so recovered shall be paid to the Tenant and shall be applied by Tenant first to any necessary repair or restoration of the Property occasioned by such negligent use, waste, or injury.