Common use of Taking of Whole Clause in Contracts

Taking of Whole. If the whole of the leased premises shall be taken or condemned for a public or quasi public use or purpose by a competent authority, or if such a portion of the leased premises shall be so taken that as a result thereof the balance cannot be used for the same purpose and with substantially the same utility to Lessee as immediately prior to such taking (including a taking of any portion of the parking area such that the remaining land will not reasonably permit a relocation and reconstruction of the parking area which will permit 16 the building located on the leased premises to be used as a warehouse), and Lessee elects to terminate this Lease, which election shall be made by giving written notice thereof to Lessor within thirty (30) days after Lessee receives notice of such taking from Lessor or the condemning authority, then in such event, this Lease shall terminate upon delivery of possession to the condemning authority, and any award, compensation or damages hereinafter sometimes called the "Award") shall be paid to and be the sole property of Lessor whether the Award shall be made as compensation for diminution of the value of the leasehold estate or the fee of the leased premises or otherwise and Lessee hereby assigns to Lessor all of Lessee's right, title and interest in and to any and all of the Award. Notwithstanding the foregoing, Lessee shall be entitled to participate in such proceedings at Lessee's expense, and shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, trade fixtures, equipment, and personal property, but in no event shall Lessee be entitled to any claim or payment based upon the value of any expired term of this Lease. Lessee shall continue to pay rent until the Lease is terminated and any impositions under Article 5 (Taxes and Assessments) and insurance premiums prepaid by Lessee or any unpaid impositions or other charges which accrue prior to the termination, shall be adjusted between the parties.

Taking of Whole. If the whole of the leased premises Premises shall be taken or condemned (which shall include for purposes of this Article 17 any deed granted by Landlord in lieu of condemnation) for a public or quasi quasi-public use or purpose by a competent authority, or if such a portion of the leased premises Premises shall be so taken that that, as a result thereof thereof, in the reasonable opinion of Landlord or Tenant the balance cannot be used for the same purpose and with substantially the same utility to Lessee Tenant as immediately prior to such taking, or if the taking is material and substantial and a party elects (including and in the case of a taking termination by Landlord, subject to the consent of any portion of the parking area such that the remaining land will not reasonably permit a relocation and reconstruction of the parking area which will permit 16 the building located on the leased premises to be used as a warehouse), and Lessee elects Landlord’s mortgagee (“Mortgagee”) whose consent thereto is required) to terminate this Lease, which election shall be made by giving written notice thereof to Lessor the other party within thirty (30) days after Lessee receives notice delivery of such taking from Lessor or possession to the condemning authority, then in any of such eventevents, this Lease the Term shall terminate upon delivery of possession to the condemning authority, and any award, compensation or damages (hereinafter sometimes called the "“Award"”) shall be paid to and be the sole property of Lessor Landlord, whether the Award shall be made as compensation for diminution of the value of the leasehold estate or the fee of the leased premises Premises or otherwise and Lessee Tenant hereby assigns to Lessor Landlord all of Lessee's Tenant’s right, title and interest in and to any and all of the Award. Notwithstanding the foregoing; provided, Lessee shall be entitled to participate in such proceedings at Lessee's expensehowever, and that Tenant shall have the right to make a separate claim for and recover from the condemning authorityauthority (i) any moving expenses incurred by Xxxxxx as a result of such taking, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, trade fixtures, equipment, and personal property, but in no event shall Lessee be entitled to any claim or payment based upon (ii) the value of any expired term Alteration made by Tenant to the Premises, (iii) the value of this Leaseany Tenant property taken, and (iv) any business damages. Lessee Tenant shall continue to pay rent Xxxx and other charges hereunder until the Lease is terminated and any impositions under Article 5 (Taxes and Assessments) and insurance premiums prepaid by Lessee or any unpaid impositions or other charges which accrue prior to the termination, shall be adjusted between the partiesterminated.

Taking of Whole. If the whole of the leased premises Premises, or any material part of the Building, shall be taken or condemned for a public or quasi quasi-public use or purpose by a competent authorityGovernmental Authority, or if such a portion of the leased premises Premises shall be so taken that as a result thereof the balance cannot be used by Tenant for the same purpose and with substantially the same utility to Lessee as immediately prior to such taking (including a taking reasonable conduct of any portion of the parking area such that the remaining land will not reasonably permit a relocation and reconstruction of the parking area which will permit 16 the building located on the leased premises to be used as a warehouse), and Lessee elects to terminate this Lease, which election shall be made by giving written notice thereof to Lessor within thirty (30) days after Lessee receives notice of such taking from Lessor or the condemning authorityits business, then in either of such eventevents, this Lease shall terminate upon delivery of possession to the condemning authorityGovernmental Authority, and any award, compensation compensation, or damages (hereinafter sometimes called the "Award") “award”), shall be paid to and be the sole property of Lessor whether Landlord, without any participation by Tenant; provided, however, that Landlord shall pay Tenant the Award unamortized portion of the Tenant’s Construction Cost Share and Construction Period Interest, paid by Tenant, utilizing the straight line method of depreciation over the initial Term of this Lease less a pro-rata share of Landlord’s attorneys’ fees, costs and expenses incurred in connection with the defense, prosecution, negotiation or settlement of the condemnation proceedings. Nothing contained herein shall be made as compensation construed to preclude Tenant, to the extent permitted by Law, from prosecuting any claim directly against the condemning Governmental Authority in such condemnation proceedings, and receiving an award for diminution loss of business, or depreciation to, damage to, or cost of removal of, or for the value of the leasehold estate or the fee of the leased premises or otherwise and Lessee hereby assigns to Lessor all of Lessee's right, title and interest in and to any and all of the Award. Notwithstanding the foregoing, Lessee shall be entitled to participate in such proceedings at Lessee's expense, and shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniturestock, trade fixtures, equipmentfurniture, and other personal propertyproperty belonging to Tenant (“Tenant Loss”); provided, but in however, that no event such claim shall Lessee be entitled to any claim diminish or payment based upon otherwise adversely affect Landlord’s award or the value award of any expired term of this LeaseMortgagee. Lessee Tenant shall continue to pay rent Rent until the this Lease is terminated terminated, subject to adjustment upon the date of such termination, and any impositions under Article 5 (Taxes and Assessments) and insurance premiums prepaid by Lessee or any unpaid impositions or other charges which accrue prior to the termination, Tenant shall be adjusted between the partiesParties.

Taking of Whole. If the whole of the leased premises shall be Leased Premises is taken or condemned for a public or quasi quasi-public use or purpose by a competent authority, or if such a portion of the leased premises shall be Premises is taken so taken that as a result thereof the balance cannot be used for the same purpose and with substantially the same utility to Lessee as Tenant is immediately prior to such taking (including a taking of any portion of the parking area such that the remaining land will not reasonably permit a relocation and reconstruction of the parking area which will permit 16 the building located on the leased premises to be used as a warehouse), and Lessee Landlord or Tenant elects to terminate this Lease, which election shall be made by giving written notice thereof to Lessor the other party within thirty (30) days after Lessee receives notice delivery of such taking from Lessor or possession to the condemning authority, then in any of such eventevents, this the Lease term shall terminate upon delivery of possession to the condemning authority, and any award, compensation or damages (hereinafter sometimes called the "Award") shall be paid to and be the sole property of Lessor Landlord, whether the Award shall be made as compensation for diminution of the value of the leasehold estate or the fee of the leased premises Leased Premises or otherwise and Lessee otherwise. Tenant hereby assigns to Lessor Landlord all of LesseeTenant's right, title and interest in and to any and all of the Award. Notwithstanding the foregoing, Lessee shall be entitled to participate in such proceedings at Lessee's expense, and shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, trade fixtures, equipment, and personal property, but in no event shall Lessee be entitled to any claim or payment based upon the value of any expired term of this Lease. Lessee Tenant shall continue to pay rent and other charges hereunder until the Lease is terminated and any impositions under Article 5 (Taxes and Assessments) Impositions and insurance premiums prepaid by Lessee Tenant or any unpaid impositions Impositions or other charges which accrue prior to the termination, shall be adjusted between the parties. Nothing in this Section 8.0 shall prohibit Tenant from making separate claims to the condemning authority for furnishings, equipment and fixtures and Tenant's leasehold interest, if permitted under applicable law, that may be taken in connection with any such condemnation.

Taking of Whole. If Landlord receives notice of the intention of any authority to appropriate, take or condemn any portion of the Leased Premises or the Real Estate for public or quasi-public use under any right of eminent domain, condemnation or other law (collectively, “Taking”), Landlord shall promptly notify Tenant thereof. If the whole of the leased premises Leased Premises shall be taken or condemned for subject to a public or quasi public use or purpose by a competent authorityTaking, or if such Taking relates to a portion of the leased premises shall be so taken Leased Premises that as a result thereof the balance cannot be used for the same purpose and with substantially the same utility to Lessee Tenant as immediately prior to such taking (including a taking of any portion of the parking area such that the remaining land will not reasonably permit a relocation and reconstruction of the parking area which will permit 16 the building located on the leased premises to be used as a warehouse), and Lessee elects to terminate this Lease, which election shall be made by giving written notice thereof to Lessor within thirty (30) days after Lessee receives notice of such taking from Lessor or the condemning authorityTaking, then in either of such eventevents, this Lease shall terminate upon delivery of possession to the condemning authority, and any award, compensation or damages (hereinafter sometimes called the "Award"“award”) shall be paid to and be the sole property of Lessor Landlord whether the Award award shall be made as compensation for diminution of the value of the leasehold estate or the fee of the leased premises Real Estate or otherwise and Lessee Tenant hereby assigns to Lessor Landlord all of Lessee's Tenant’s right, title and interest in and to any and all of the Awardsuch award. Notwithstanding the foregoing, Lessee shall be entitled to participate in such proceedings at Lessee's expense, and Tenant shall have the right to claim and recover from the condemning authority, but not from LessorLandlord, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own to Tenant, including the right on account of any to file a claim for and all damage to Lessee's business by reason of the condemnation receive compensation for moving expenses and for or on account of any cost costs or loss to which Lessee Tenant might be put in removing Lessee's merchandiseTenant’s equipment and inventory, furniture, trade fixtures, equipment, and personal property, but in no event shall Lessee be entitled to any provided that such claim or payment based upon does not have the value effect of any expired term of this Leasereducing Landlord’s award. Lessee Tenant shall continue to pay rent Rent and other charges hereunder until the Lease Term is terminated and any impositions under Article 5 (Taxes excess Impositions and Assessments) and insurance excess premiums prepaid by Lessee or any unpaid impositions or other charges prepaid by Tenant, or which accrue prior to the termination, shall be adjusted between the partiesparties (based upon a daily proration).

Taking of Whole. If the whole of the leased premises Leased Premises shall be taken or condemned for a public or quasi public use or purpose by a competent authority, or if such a portion of the leased premises Leased Premises shall be so taken that as a result thereof the balance cannot be used for the same purpose and with substantially the same utility to Lessee Tenant as immediately prior to such taking, or if the taking is material and substantial and Landlord elects (including a taking subject to the consent of any portion of the parking area such that the remaining land will not reasonably permit a relocation and reconstruction of the parking area which will permit 16 the building located on the leased premises to be used as a warehouse), and Lessee elects first mortgagee whose consent thereto is required) to terminate this Lease, which election shall be made by giving written notice thereof to Lessor Tenant within thirty (30) days days, after Lessee receives notice delivery of such taking from Lessor or possession to the condemning authority, then in any of such eventevents, this the Lease shall terminate upon delivery of possession to the condemning authority, and any award, compensation or damages (hereinafter sometimes called the "“Award"”) that is not specifically allocated by the condemning authority for Tenant’s relocation expenses shall be paid to and be the sole property of Lessor Landlord whether the Award shall be made as compensation for diminution of the value of the leasehold estate or the fee of the leased premises or otherwise Leased Premises, and Lessee Tenant hereby assigns to Lessor Landlord all of Lessee's Tenant’s right, title and interest in and to any and all of the Award. Notwithstanding the foregoing, Lessee shall be entitled to participate in such proceedings at Lessee's expense, and shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, trade fixtures, equipment, and personal property, but in no event shall Lessee be entitled to any claim or payment based upon the value of any expired term of this Lease. Lessee Tenant shall continue to pay rent Rent until the Lease is terminated and any impositions under Article 5 (Taxes and Assessments) Impositions and insurance premiums prepaid by Lessee Tenant or any unpaid impositions Impositions or other charges which accrue prior to the termination, shall be adjusted between the parties.

Taking of Whole. If the whole of the leased premises Leased Premises shall be taken or condemned for a public or quasi quasi-public use or purpose by a competent authority, or if such a portion of the leased premises Leased Premises shall be so taken that as a result thereof the balance cannot be used for the same purpose and with substantially the same utility to Lessee Tenant as immediately prior to such taking (including a taking of any portion of the parking area such that the remaining land will not reasonably permit a relocation and reconstruction of the parking area which will permit 16 the building located on the leased premises to be used as a warehouse), and Lessee elects to terminate this Lease, which election shall be made by giving written notice thereof to Lessor within thirty (30) days after Lessee receives notice of such taking from Lessor or the condemning authoritytaking, then in any of such eventevents, this the Lease Term shall terminate upon delivery of possession to the condemning authority, and any award, compensation or damages (hereinafter sometimes called the "Award") shall be paid to and be the sole property of Lessor Landlord whether the Award shall be made as compensation for diminution of the value of the leasehold estate or the fee of the leased premises or otherwise Leased Premises and Lessee Tenant hereby assigns to Lessor Landlord all of LesseeTenant's right, title and interest in and to any and all of the Award. Notwithstanding the foregoing, Lessee shall be entitled to participate in such proceedings at Lessee's expense, and shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, trade fixtures, equipment, and personal property, but in no event shall Lessee be entitled to any claim or payment based upon the value of any expired term of this Lease. Lessee Tenant shall continue to pay rent and other charges hereunder until the Lease is terminated and any impositions under Article 5 (Taxes and Assessments) Impositions and insurance premiums prepaid by Lessee Tenant or any unpaid impositions Impositions or other charges which accrue prior to the termination, shall be adjusted between the parties. Anything contained in this Section 8.0 to the contrary notwithstanding, Tenant shall have the right to make a separate claim against recover from the condemning authority for such compensations as may be separately awarded or recovered by Tenant in Tenant's own right on account of any and all damage to Tenant's business as a result of such condemnation and all losses and the expenses incurred by Tenant in relocating to other premises and removing its personal property, provided that any such claim and recovery shall not reduce the amount of the Award.

Taking of Whole. If the whole A "Taking of the leased premises Whole" shall be taken deemed to be (a) a --------------- taking or condemned for a public or quasi public use or purpose by a competent authoritycondemnation of the entire Building, or if (b) a taking or condemnation of the entire Premises or (c) a taking or condemnation of such a portion of the leased premises shall be so taken that Premises as a result thereof renders the balance cannot be used Building unusable for the same purpose and with substantially the same utility to Lessee as immediately existed prior to such taking (including or condemnation. If a taking of any portion Taking of the parking area such that the remaining land will not reasonably permit Whole shall occur by a relocation and reconstruction of the parking area which will permit 16 the building located on the leased premises to be used as a warehouse), and Lessee elects to terminate this Lease, which election shall be made by giving written notice thereof to Lessor within thirty (30) days after Lessee receives notice of such taking from Lessor or the condemning competent authority, then in such eventthen, this Lease the Term shall terminate upon the earlier of the (i) delivery of possession to the condemning authority or (ii) the passage of title to the condemning authority. Whether or not this Lease is terminated, nothing in this Section 8.1 shall be deemed to affect Tenant's right to make any claims allowed by the laws of the State of Illinois against the condemning authority, provided that Tenant's award is separate from, and not in derogation of, Landlord's award. In the event that the laws of the State of Illinois permit Tenant to make a separate claim for damages against the condemning authority, then, in such event, Tenant shall not have the right to share in any separate award granted to Landlord, whether or not Tenant's claims are granted. Notwithstanding the foregoing, in the event that only one award is granted, Tenant shall be entitled to share such award only with respect to the following: (a) the unamortized value of Tenant's leasehold improvements (other than any leasehold improvements paid for by Landlord); and (b) relocation expenses, based upon a fair and just allocation of the award between Landlord and Tenant. If the parties cannot agree on the allocation, then either party can submit the dispute to binding arbitration in Chicago, Illinois pursuant to the then applicable rules of the American Arbitration Association. Except as set forth herein, any award, compensation or damages hereinafter sometimes called for a Taking of the "Award") Whole shall be paid to and be the sole property of Lessor Landlord whether the Award same shall INITIAL HERE: Landlord: Tenant: DK RP --------- -------- be made as compensation for diminution of the value of the leasehold estate or the fee of the leased premises Premises, or otherwise otherwise, and Lessee Tenant hereby assigns to Lessor Landlord all of LesseeTenant's right, title and interest in and to any and all of the Awardaward. Notwithstanding the foregoing, Lessee Tenant shall be entitled to participate in such proceedings at Lessee's expense, pay Rent and shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, trade fixtures, equipment, and personal property, but in no event shall Lessee be entitled to any claim or payment based upon the value of any expired term of this Lease. Lessee shall continue to pay rent until the Lease is terminated and any impositions under Article 5 (Taxes and Assessments) and insurance premiums prepaid by Lessee or any unpaid impositions or other charges which accrue prior hereunder accruing to the date of termination, shall be adjusted between the parties.

Taking of Whole. If the whole of the leased premises Leased Premises shall be taken or condemned for a public or quasi public use or purpose by a competent authority, or if such a portion of the leased premises Leased Premises shall be so taken that as a result thereof the balance cannot be used for the same purpose and with substantially the same utility to Lessee Tenant as immediately prior to such taking, or if the taking is material and substantial and Landlord elects (including a taking subject to the consent of any portion of the parking area such that the remaining land will not reasonably permit a relocation and reconstruction of the parking area which will permit 16 the building located on the leased premises to be used as a warehouse), and Lessee elects first mortgagee whose consent thereto is required) to terminate this Lease, which election shall be made by giving written notice thereof to Lessor Tenant within thirty (30) days days, after Lessee receives notice delivery of such taking from Lessor or possession to the condemning authority, then in any of such eventevents, this the Lease shall terminate upon delivery of possession to the condemning authority, and any award, compensation or damages (hereinafter sometimes called the "Award") that is not specifically allocated by the condemning authority for Tenant's relocation expenses shall be paid to and be the sole property of Lessor Landlord whether the Award shall be made as compensation for diminution of the value of the leasehold estate or the fee of the leased premises or otherwise Leased Premises, and Lessee Tenant hereby assigns to Lessor Landlord all of LesseeTenant's right, title and interest in and to any and all of the Award. Notwithstanding the foregoing, Lessee shall be entitled to participate in such proceedings at Lessee's expense, and shall have the right to claim and recover from the condemning authority, but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandise, furniture, trade fixtures, equipment, and personal property, but in no event shall Lessee be entitled to any claim or payment based upon the value of any expired term of this Lease. Lessee Tenant shall continue to pay rent Rent until the Lease is terminated and any impositions under Article 5 (Taxes and Assessments) Impositions and insurance premiums prepaid by Lessee Tenant or any unpaid impositions Impositions or other charges which accrue prior to the termination, shall be adjusted between the parties.

Taking of Whole. If the whole of the leased premises Leased Premises shall be taken or condemned for a public or quasi quasi-public use or purpose by a competent authority, or if such a portion of the leased premises Leased Premises shall be so taken that as a result thereof the balance cannot be used for the same purpose and with substantially the same utility to Lessee Tenant as immediately prior to such taking (including a taking of any portion of the parking area such that the remaining land will not reasonably permit a relocation and reconstruction of the parking area which will permit 16 the building located on the leased premises to be used as a warehouse), and Lessee elects to terminate this Lease, which election shall be made by giving written notice thereof to Lessor within thirty (30) days after Lessee receives notice of such taking from Lessor or the condemning authoritytaking, then in either of such eventevents, this the Lease term shall terminate upon delivery of possession to the condemning authority, and any award, compensation or damages (hereinafter sometimes called the "“Award"”) shall be paid to and be the sole property of Lessor Landlord whether the Award shall be made as compensation for diminution of the value of the leasehold estate or the fee of the leased premises Real Estate or otherwise and Lessee hereby assigns to Lessor all of Lessee's right, title and interest in and to any and all of the Award. Notwithstanding the foregoing, Lessee except that Tenant shall be entitled to participate the unamortized portion of the cost of Tenant’s Work (exclusive of Tenant’s construction allowance), as set forth in Section 2.2, as a portion of such proceedings at Lessee's expense, and shall have Award in an amount not to exceed fifty percent (50%) of the right to claim and recover from Award (i.e. if the condemning authorityexisting balance of the unamortized portion of the cost of Tenant’s Work (exclusive of Tenant’s construction allowance) is Four Million Dollars ($4,000,000.00), but not from Lessor, such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of any and all damage to Lessee's business by reason the total amount of the condemnation and for or on account of any cost or loss to which Lessee might be put in removing Lessee's merchandiseAward is only Six Million Dollars ($6,000,000.00), furniture, trade fixtures, equipment, and personal property, but in no event Tenant shall Lessee only be entitled to any claim fifty percent (50%) of such Award or payment based Three Million Dollars ($3,000,000.00) even though such amount does not fully reimburse Tenant for the unamortized portion of the cost contributed by Tenant for Tenant’s Work (exclusive of Tenant’s construction allowance)). In connection with the forgoing, Tenant shall certify to Landlord the exact amount of the cost of Tenant’s Work (exclusive of Tenant’s construction allowance) amortized over the original Term of the Lease and Landlord shall reimburse Tenant for the unamortized portion remaining thereof (subject to the foregoing limitations) upon receiving the value of any expired term of this LeaseAward. Lessee Tenant shall continue to pay rent and other charges hereunder until the Lease term is terminated and any impositions under Article 5 (Taxes Impositions and Assessments) and insurance premiums prepaid by Lessee Tenant, or any unpaid impositions or other charges which accrue prior to the termination, shall be adjusted between the parties.