Common use of Temporary Condemnation Clause in Contracts

Temporary Condemnation. If, at any time during the ------------- ---------------------- Term, the whole or any part of the Leased Premises or Improvements or Tenant's interest therein under this Lease shall be taken in condemnation proceedings or by any right of eminent domain for temporary use or occupancy, the foregoing provisions of this Article XIV shall not apply, and, except to the extent that Tenant may be prevented from so doing pursuant to the terms of the order of the condemning authority, Tenant shall perform and observe all of the other terms, covenants, conditions and obligations hereof to be performed and observed by it, as though such taking had not occurred. In the event of any such taking of the character referred to in this Section 14.05, Tenant shall be entitled to receive the entire amount of the Condemnation Proceeds paid for such taking, whether paid by way of damages, rent, costs of moving or restoration or otherwise, unless such period of temporary use or occupancy shall extend beyond the expiration of the Term, in which case the Condemnation Proceeds shall be apportioned between Landlord and Tenant as of the date of expiration of the Term. Upon the expiration of any such period of temporary use or occupancy during the Term, Tenant shall, at its expense, restore the Improvements as nearly as may be reasonably possible to the condition in which the same were immediately prior to such taking. If such period of temporary use or occupancy shall extend beyond the expiration of the Term, any portion of the Condemnation Proceeds received by Tenant as compensation for the cost of restoration of the Improvements shall be paid by Tenant to Landlord on the date of termination of this Lease, and Tenant shall be thereby relieved of the obligation to perform such restoration.

Temporary Condemnation. If, at any time during the ------------- ---------------------- Term, the whole or any part of the Leased Premises or Improvements or Tenant's interest therein under this Lease shall be taken in condemnation proceedings or by any right of eminent domain for temporary use or occupancy, the foregoing provisions of this Article XIV shall not apply, and, except to the extent that Tenant may be prevented from so doing pursuant to the terms of the order of the condemning authority, Tenant shall perform and observe all of the other terms, covenants, conditions and obligations hereof to be performed and observed by it, as though such taking had not occurred. In the event of any such taking temporary Condemnation of the character referred to any Property or Tenant's interest therein, this Agreement shall continue in this Section 14.05, full force and effect and Tenant shall be entitled continue to receive pay, in the manner and on the terms herein specified, the full amount of Rent, and the entire amount of the Condemnation Proceeds paid any Award made for such takingtemporary Condemnation allocable to the Term shall be paid to Tenant. Tenant or, whether paid by way if Landlord so elects, Landlord shall, promptly upon the termination of damagesany such period of temporary Condemnation, rentrestore such Property to the condition that existed immediately prior to such Condemnation, costs of moving or restoration or otherwisein full compliance with all Legal Requirements, unless such period of temporary use or occupancy Condemnation shall extend beyond the expiration of the Term, in which case event Tenant shall not be required to make such restoration. If Tenant is required to so restore the Condemnation Proceeds Property, Tenant shall be apportioned between entitled to receive a reasonable construction supervision fee in connection with Tenant's services. In the event Landlord and Tenant as of elects to perform or be responsible for the date of expiration of the Term. Upon the expiration performance of any such period restoration, Landlord (i) shall perform such work in a good and workmanlike manner, in accordance with all applicable Legal Requirements, (ii) shall coordinate the scheduling of temporary such work with Tenant, (iii) shall use or occupancy during its best efforts to minimize any interference with Tenant's operations at such Property in the Term, Tenant shall, at its expense, restore the Improvements as nearly as may be reasonably possible to the condition in which the same were immediately prior to performance of such taking. If such period of temporary use or occupancy shall extend beyond the expiration of the Term, any portion of the Condemnation Proceeds received by Tenant as compensation for the cost of restoration of the Improvements shall be paid by Tenant to Landlord on the date of termination of this Leasework, and (iv) shall indemnify Tenant shall be thereby relieved from any and all actions, claims, costs, and expenses, including personal injury and property damage, resulting from the negligent actions of the obligation Landlord, its agents, contractors, or employees, as well as from Landlord's failure to perform such restorationwork in accordance with the requirements of (i) and (iii) above. For purposes of this Section 11.5, a Condemnation shall be deemed to be temporary if the period of such Condemnation is not expected to, and does not, exceed twelve (12) months.

Temporary Condemnation. IfLessee agrees that if, at any time during after the ------------- ---------------------- Termdate hereof, the whole or any part of the Leased Premises Property or Improvements or Tenantof Lessee's interest therein under this Lease Lease, shall be taken in condemnation proceedings or Condemned by any right of eminent domain Condemnor for its temporary use or occupancy, the foregoing provisions of this Article XIV Lease shall not applyterminate by reason thereof, andand Lessee shall continue to pay, except in the manner and at the times herein specified, the full amounts of Minimum Rent and Additional Charges. Except only to the extent that Tenant Lessee may be prevented from doing so doing pursuant to the terms of the order of the condemning authorityCondemnor, Tenant Lessee shall also continue to perform and observe all of the other terms, covenants, conditions and obligations hereof hereof, on the part of the Lessee to be performed and observed by itobserved, as though such taking Condemnation had not occurred. In the event of any such taking of the character referred to Condemnation as in this Section 14.05Paragraph 15.6 described, Tenant shall be entitled to receive the entire amount of the Condemnation Proceeds paid any such Award made for such takingtemporary use, whether paid by way of damages, rent, costs of moving or restoration rent or otherwise, shall be paid to Lessee to the extent attributable to any period within the Initial Term (as extended by any already exercised options to extend) and except as otherwise provided hereunder. Notwithstanding the foregoing, in the event that any temporary use or occupancy covered under this Paragraph 15.6 renders any portion of the Leased Property Unsuitable for its Primary Intended Use (or otherwise reduces the number of units to less than 42 and/or reduces the maximum allowable resident occupancy to less than 42 residents) for a period in excess of twelve (12) calendar months, Lessee shall have the right to elect a reduction in Minimum Rent as set forth in Paragraph 5.2 commencing on the twelve (12) month anniversary of any such use or occupancy and continuing so long as such temporary use or occupancy continues, in which event any Award made for such temporary use or occupancy shall be paid to Lessor to the extent attributable to the period that Minimum Rent is so abated. Lessee covenants that upon the termination of any such period of temporary use or occupancy as set forth in this Paragraph 15.6, it will, at its sole cost and expense, restore the Leased Property as nearly as may be reasonably possible, to the condition in which the same was immediately prior to the Condemnation, unless such period of temporary use or occupancy shall extend beyond the expiration of the Term, in which case the Condemnation Proceeds Lessee shall not be apportioned between Landlord required to make such restoration, and Tenant as of the date of expiration of the Term. Upon the expiration of any in such period of temporary use or occupancy during the Termcase, Tenant shall, at its expense, restore the Improvements as nearly as may be reasonably possible Lessee shall contribute to the condition in which the same were immediately prior to such taking. If such period of temporary use or occupancy shall extend beyond the expiration of the Term, any portion of the Condemnation Proceeds received by Tenant as compensation for the cost of such restoration that portion of its entire Award which is specifically allocated to such restoration in the judgment or order of the Improvements shall be paid by Tenant to Landlord on the date of termination of this Leasecourt, and Tenant shall be thereby relieved of the obligation to perform such restorationif any.

Temporary Condemnation. If, at any time during the ------------- ---------------------- Term, the whole or any part of the Leased Premises or Improvements or Tenantthe Developer's interest therein under this Lease Agreement shall be taken in condemnation proceedings or by any right of eminent domain for temporary use or occupancy, the foregoing provisions of this Article XIV shall not apply, and, except to the extent that Tenant the Developer may be prevented from so doing pursuant to the terms of the order of the condemning authority, Tenant the Developer shall perform and observe all of the other terms, covenants, conditions and obligations hereof to be performed and observed by it, as though such taking had not occurred. In the event of any such taking of the character referred to in this Section 14.05, Tenant the Developer shall be entitled to receive the entire amount of the Condemnation Proceeds paid for such taking, whether paid by way of damages, rent, costs of moving or restoration or otherwise, unless such period of temporary use or occupancy shall extend beyond the expiration of the Term, in which case the Condemnation Proceeds shall be apportioned between Landlord the Port Authority and Tenant the Developer as of the date of expiration termination of the Termthis Agreement. Upon the expiration of any such period of temporary use or occupancy during the Term, Tenant the Developer shall, at its expense, restore the Improvements as nearly as may be reasonably possible to the condition in which the same were immediately prior to such taking. If such period of temporary use or occupancy shall extend beyond the expiration of the Term, any portion of the Condemnation Proceeds received by Tenant the Developer as compensation for the cost of restoration of the Improvements shall be paid by Tenant the Developer to Landlord the Port Authority on the date of termination of this LeaseAgreement, and Tenant the Developer shall be thereby relieved of the obligation to perform such restoration.

Temporary Condemnation. If, at any time during In the ------------- ---------------------- Term, the whole event of a Condemnation of all or any part of any of the Leased Premises or Improvements or Tenant's interest therein under Properties for a temporary use ("Temporary Condemnation"), (i) this Lease shall remain in full force and effect without any reduction of Rental or any other Monetary Obligation due hereunder; (ii) Lessee shall be taken entitled to the entire Net Award for a Temporary Condemnation, whether paid by damages, rent or otherwise, except (1) in condemnation proceedings or the event that the period of occupation and use by any right the condemning authorities shall extend beyond the date of eminent domain for temporary use or occupancy, the foregoing provisions expiration of this Article XIV Lease, in which case the Net Award made for such Condemnation shall not applybe apportioned between Lessor and Lessee as of the date of such expiration; and (2) in the event of an Event of Default by Lessee hereunder or under any other Transaction Document, andin which case the Net Award made for such Condemnation shall be made solely to Lessor; and (iii) at the termination of any such Temporary Condemnation, except to the extent that Tenant may be prevented from so doing Lessee will, at its own cost and expense and pursuant to the terms of Section 16, promptly commence and complete the order of the condemning authority, Tenant shall perform and observe all of the other terms, covenants, conditions and obligations hereof to be performed and observed by it, as though such taking had not occurred. In the event of any such taking of the character referred to in this Section 14.05, Tenant shall be entitled to receive the entire amount of the Condemnation Proceeds paid for such taking, whether paid by way of damages, rent, costs of moving or restoration or otherwise, unless such period of temporary use or occupancy shall extend beyond the expiration of the Term, in which case the Condemnation Proceeds shall be apportioned between Landlord and Tenant as of the date of expiration of the Term. Upon the expiration of any such period of temporary use or occupancy during the Term, Tenant shall, at its expense, restore the Improvements as nearly as may be reasonably possible to the condition in which the same were immediately prior to such taking. If such period of temporary use or occupancy shall extend beyond the expiration of the Term, any portion of the Condemnation Proceeds received by Tenant as compensation for the cost of restoration of the Improvements Property affected by such Temporary Condemnation; provided, however, Lessee shall not be paid by Tenant required to Landlord on restore such Property if the Lease Term shall expire prior to, or within one year after, the date of termination of this Leasesuch Temporary Condemnation, and Tenant in such event Lessor shall be thereby relieved of entitled to recover the obligation entire Net Award relating to perform such restorationthe Temporary Condemnation.

Temporary Condemnation. If, at any time during the ------------- ---------------------- Term, the whole or any part of the Leased Premises or Improvements or Tenant's interest therein under this Lease Redevelopment Project shall be taken in condemnation proceedings Condemnation Proceedings or by any right of eminent domain for temporary use or occupancy, the foregoing provisions of this Article XIV shall not apply, and, except to the extent that Tenant may be prevented from so doing pursuant to the terms of the order of the condemning authority, or by the practical effects of such temporary taking, Tenant shall perform and observe all of the other terms, covenants, conditions and obligations hereof of this Lease on Tenant’s part to be performed and observed by it, as though such taking had and not occurred. In the event of any such taking of the character referred to described in this Section 14.05section 15.06, Tenant shall be entitled to receive the entire amount of the Condemnation Proceeds paid awards for such taking, whether paid by way of damages, rent, costs of moving or restoration or otherwise, unless such period of temporary use or occupancy shall extend beyond the expiration of the Term, in which case the Condemnation Proceeds shall be apportioned between Landlord the City and Tenant as of the date of expiration termination of the Termthis Lease. Upon the expiration of any such period of temporary use or occupancy occupancy, if it be during the Term, Tenant shallwill, at to its sole cost and expense, restore the Improvements Leased Premises, as nearly as may be reasonably possible practicable, to the condition and character in which the same were immediately prior to such taking. If such period of temporary use or occupancy shall extend beyond the expiration of the Term, any Any portion of the Condemnation condemnation Proceeds received by Tenant as compensation for the cost of restoration of the Improvements Leased Premises shall, if such period of temporary use or occupancy shall extend beyond the Term (and Tenant has not exercised its option to purchase), be paid by Tenant to Landlord the City on the date of termination of this Lease, and Tenant shall be thereby relieved of the its obligation hereunder to perform such restoration.

Temporary Condemnation. If, Tenant shall give Landlord prompt written notice if at any time during the ------------- ---------------------- Term, Lease Term temporary use of the whole or any part of the Leased Demised Premises shall be condemned for any public or Improvements quasi-public purpose by any lawful authority, whether by exercise of the right of condemnation or eminent domain, or by Tenant's interest therein agreement with such authority. In such event, the Lease Term shall not be reduced or affected in any way, and Tenant shall continue to pay in full the Base Rent, Additional Rent, and all other required sums of money under this Lease shall be taken in condemnation proceedings or by any right of eminent domain for temporary use or occupancy, the foregoing provisions of this Article XIV shall not apply, and, except to the extent that Tenant may be prevented from so doing pursuant to the terms of the order of the condemning authority, Tenant shall perform and observe all of the other terms, covenants, conditions and obligations hereof to be performed and observed by it, as though such taking had not occurredLease. In the event of any such taking of the character referred to in this Section 14.05, Tenant shall be entitled to receive the entire amount of the Condemnation Proceeds paid award for such taking, temporary taking (whether paid by way of damages, rent, costs of moving or restoration or otherwise). If, unless such however, the period of temporary occupation and use or occupancy shall extend by the condemning authority extends beyond the expiration date of this Lease, the Term, in which case the Condemnation Proceeds award made for such taking shall be apportioned between Landlord and Tenant as of the expiration date of expiration the Lease Term or earlier termination of the TermLease, with Tenant entitled to the portion of the award for the temporary taking for the period through the last day of schedule Lease Term and Landlord entitled to the portion of the award for the period thereafter. Upon the expiration of Landlord may intervene and participate in any proceeding for such period of temporary use taking or occupancy during the Termcondemnation. If such intervention is not permitted, however, Tenant shall, at its expense, consult with Landlord and its attorneys and experts, and make all reasonable efforts to cooperate with Landlord in prosecuting or defending such proceeding. When the use or occupation of the Demised Premises by the condemning authority terminates, Tenant shall, at its expense, repair and restore the Improvements buildings and improvements on the Demised Premises, as nearly as may be is reasonably possible possible, to their condition at the condition in which the same were immediately prior to time of such taking. If such period of temporary use Any recovery or occupancy shall extend beyond the expiration of the Term, any portion of the Condemnation Proceeds sum received by Tenant as an award or compensation for physical damage to the cost of restoration of Demised Premises caused by and during the Improvements temporary taking shall be paid by Tenant to Landlord on deemed a trust fund for the date purpose of termination of this Lease, and Tenant shall be thereby relieved of the obligation to perform repairing or restoring such restorationdamage.

Temporary Condemnation. If, at any time during the ------------- ---------------------- Term, the whole or any part of the Leased Premises or Improvements or Tenant's interest therein under this Lease shall be taken in condemnation proceedings or by any right of eminent domain for temporary use or occupancy, the foregoing provisions of this Article XIV shall not apply, and, except to the extent that Tenant may be prevented from so doing pursuant to the terms of the order of the condemning authority, Tenant shall perform and observe all of the other terms, covenants, conditions and obligations hereof to be performed and observed by it, as though such taking had not occurred. In the event of any such taking temporary Condemnation of the character referred to any Property or Tenant’s interest therein, this Agreement shall continue in this Section 14.05, full force and effect and Tenant shall be entitled continue to receive pay, in the manner and on the terms herein specified, the full amount of Rent, and the entire amount of the Condemnation Proceeds paid any Award made for such takingtemporary Condemnation allocable to the Term shall be paid to Tenant. Tenant or, whether paid by way if Landlord so elects, Landlord shall, promptly upon the termination of damagesany such period of temporary Condemnation, rentrestore such Property to the condition that existed immediately prior to such Condemnation, costs of moving or restoration or otherwisein full compliance with all Legal Requirements, unless such period of temporary use or occupancy Condemnation shall extend beyond the expiration of the Term, in which case event Tenant shall not be required to make such restoration. If Tenant is required to so restore the Condemnation Proceeds Property, Tenant shall be apportioned between entitled to receive a reasonable construction supervision fee in connection with Tenant’s services. In the event Landlord and Tenant as of elects to perform or be responsible for the date of expiration of the Term. Upon the expiration performance of any such period restoration, Landlord (i) shall perform such work in a good and workmanlike manner, in accordance with all applicable Legal Requirements, (ii) shall coordinate the scheduling of temporary such work with Tenant, (iii) shall use or occupancy during its best efforts to minimize any interference with Tenant’s operations at such Property in the Term, Tenant shall, at its expense, restore the Improvements as nearly as may be reasonably possible to the condition in which the same were immediately prior to performance of such taking. If such period of temporary use or occupancy shall extend beyond the expiration of the Term, any portion of the Condemnation Proceeds received by Tenant as compensation for the cost of restoration of the Improvements shall be paid by Tenant to Landlord on the date of termination of this Leasework, and (iv) shall indemnify Tenant shall be thereby relieved from any and all actions, claims, costs, and expenses, including personal injury and property damage, resulting from the negligent actions of the obligation Landlord, its agents, contractors, or employees, as well as from Landlord’s failure to perform such restorationwork in accordance with the requirements of (i) and (iii) above. For purposes of this Section 11.5, a Condemnation shall be deemed to be temporary if the period of such Condemnation is not expected to, and does not, exceed twelve (12) months.