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 as expressed in Article II, then in either of such events, 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 Landlord, but nothing herein shall preclude Tenant from claiming and recovering from the condemning authority, but not from the Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant’s own right on account of any and all damage to Tenant’s business by reason of the condemnation and for or on account of any cost or loss to which Tenant might be put in removing Tenant’s merchandise, furniture, fixtures, leasehold improvements and equipment. Tenant shall continue to pay rent until the Lease is terminated, and any Impositions prepaid by Tenant shall be adjusted between the parties.

Taking of Whole. If the whole of the 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 shall be so taken that, in Tenant's reasonable discretion, Tenant concludes that as a result thereof the balance cannot be used for the same purpose and with substantially the same utility to Tenant as expressed in Article IIimmediately prior to such taking, then in either any of such events, this the Lease shall terminate upon delivery of possession to the condemning authority, and any award, compensation, compensation or damages (hereinafter sometimes called the “Award”), "AWARD") shall be paid to and be the sole property of Landlord, but nothing herein . Tenant shall preclude Tenant from claiming and recovering from have the right to make its own claim against the condemning authority, but not from the Landlord, such compensation as authority for any separate award that may be separately awarded made by the condemning authority for Tenant's loss of business or recoverable by Tenant in Tenant’s own right on account for the taking of any and all damage or injury to Tenant’s business by reason of the condemnation and for 's improvements, or on account of any cost costs or loss to which Tenant might be put may sustain in removing the removal of Tenant’s merchandise, furniture, 's trade fixtures, leasehold improvements and equipment. Tenant shall continue to pay rent until the Lease is terminated, and furnishings or other removable personal property, or as a result of any Impositions prepaid alterations, modifications, or repairs which may be required by Tenant shall be adjusted between in order to place the partiesremaining portion of the Premises in a suitable condition for the continuance of Tenant's business in the Premises.

Taking of Whole. If the whole of the Leased Premises Premises, or so much thereof, or such portion of the Common Areas, shall be taken or condemned for a public or quasi-public quasi‑public use or purpose by any competent authority and as a competent authorityresult thereof the balance of the Leased Premises cannot be practicably used by Tenant for the same purpose as expressed in Article II (as reasonably determined by Tenant), or if then and in either of such a portion events, the Term shall terminate when possession of the Leased Premises shall be so taken that as a result thereof the balance cannot be used for the same purpose as expressed in Article II, then in either of such events, this Lease shall terminate upon delivery of possession to the condemning authorityand surrendered, and any award, compensation, compensation or damages (hereinafter sometimes called the “Awardaward”), shall be paid to and be the sole property of Landlord, but nothing herein Landlord whether such award shall preclude be made as compensation for diminution of the value of the leasehold or the fee of the Leased Premises or otherwise and Tenant from claiming and recovering from the condemning authority, but not from the Landlord, such compensation as may be separately awarded or recoverable by Tenant in hereby assigns to Landlord all of Tenant’s own right on account of right, title and interest in and to any and all damage to Tenant’s business by reason of the condemnation and for or on account of any cost or loss to which Tenant might be put in removing Tenant’s merchandise, furniture, fixtures, leasehold improvements and equipmentsuch award. Tenant shall continue to pay rent Rent until the Lease term is terminated, terminated and any Impositions prepaid taxes and/or insurance premiums paid by Tenant Tenant, or any tax and insurance premium deposits with Landlord, shall be adjusted between the parties. Nothing herein provided shall prevent Tenant from seeking an independent award for its loss of business and personal property or relocation costs, to the extent not inconsistent with the Landlord award herein set forth.