Temporary Takings. Notwithstanding anything to contrary in this Section, if a Taking occurs with respect to all or any part of the Premises for a limited period of time not in excess of one hundred eighty (180) consecutive days, this Lease shall remain unaffected thereby, and Tenant shall continue to pay Rent, and to perform all of the terms, conditions and covenants of this Lease. In the event of such temporary Taking, City shall be entitled to receive any Award.
Temporary Takings. A taking that affects any portion of the License Area for less than 90 days will have no effect on the affected Pole License, except that Licensee will be entitled to an abatement in the License Fee to the extent that its use of the License Area is materially impaired. In the event of any such temporary taking, Licensee will receive that portion of any award, if any, that represents compensation for the use or occupancy of the License Area during the Term up to sum of the License Fees and Additional Fees payable by Licensee for the period of the taking, and the City will receive the balance of the award.
Temporary Takings. Notwithstanding anything to the contrary contained in Section 18, if a taking occurs with respect to all or any part of the Premises for a limited period of time, this Lease shall remain unaffected thereby and Tenant shall continue to pay Rent and to perform all of the terms, conditions and covenants of this Lease. Tenant shall be entitled to receive that portion of any award representing compensation for the use or occupancy of the Premises during the Term up to the total Rent owing by Tenant for the period of the taking, and Port shall be entitled to receive the balance of any award.
Temporary Takings. Notwithstanding anything to contrary in this Section, if a Taking occurs with respect to all or any part of the Premises for a limited period of time not in excess of sixty (60) consecutive days, this Lease shall remain unaffected thereby, and Lessee shall continue to pay Rent and to perform all of the terms, conditions and covenants of this Lease. In the event of such temporary Taking, Lessee shall be entitled to receive that portion of any Award representing compensation for the use or occupancy of the Premises during the Term up to the total Rent owing by Lessee for the period of the Taking, and City shall be entitled to receive the balance of any Award.
Temporary Takings. Notwithstanding the foregoing, if a taking occurs with respect to all or any portion of the Premises for less than ninety (90) days, this Master License shall remain unaffected thereby, and Licensee shall continue to perform all of the terms, conditions and covenants of this Master License, except that Licensee shall be entitled to an abatement in Rent to the extent that its use of a portion of the Premises as a Pole Location is materially impaired. In the event of any such temporary taking, Licensee shall be entitled to receive that portion of any award which represents compensation for the use or occupancy of the Premises during the Term up to the total Rent and additional charges owing by Licensee for the period of the taking, and City shall be entitled to receive the balance of any award.
Temporary Takings. Any provision of this lease which prohibits or limits the use or occupancy of any part of the Premises by any government agency or department shall not apply with respect to any temporary taking or occupancy described in Article 20 hereof. Any provision of this lease which requires Tenant to indemnify or otherwise be responsible to Landlord or any other party for the acts or omissions of any occupant of the Premises shall not apply with respect to any government agency or department occupying any portion of the Premises or anyone occupying any portion of the Premises through or under such government agency or department in connection with any temporary taking or occupancy described in Article 20 hereof.
Temporary Takings. If the temporary use of the whole or any part of the Premises shall be taken by Condemnation Proceedings as hereinabove referred to for a period which does not extend beyond the Term of this Agreement, this Agreement shall not terminate by reason thereof and RAC shall continue to pay in full the Concession Fee, the Ground Rent, the Contingent Rent, Impositions, and other charges herein provided to be paid or assumed or reimbursed by RAC, and, except only to the extent that RAC is prevented from so doing by reason of any order of the condemning authority, RAC shall continue to perform and observe all of the covenants, conditions, and obligations hereof which are herein provided to be observed or performed by RAC, all to the same extent and with the same force and effect as if such temporary use or taking had not occurred. Any award for such temporary taking, whether paid or by way of damages, rent, or otherwise shall be received, held and disbursed in the manner following:
1. An amount equal to the sum of (x) the Ground Rent for the entire period of such temporary use or taking, plus (y) the estimated amount of the Contingent Rent and Impositions for such period (computed on the basis of the most recently ascertainable information) shall be deposited with an escrow trustee acceptable to the State and shall be from time to time applied to the payment of Ground Rent, Contingent Rent, and Impositions as the same from time to time become due and payable;
2. The amount jointly agreed upon by the State and RAC as the estimated amount required to be expended upon the termination of such temporary use or occupancy to restore the Premises and RAC Improvements as nearly as may be reasonably possible to the condition in which same was immediately prior to such taking, shall be reserved and shall be used and available for use for such purposes (and if no agreement is reached, then the State may deduct and retain an amount reasonably estimated by the State); and
3. The remainder shall be paid over to and become the property of RAC; however, the amount of any fee or rent or other charges then owing by RAC to the State under the provisions of this Agreement, together with all unpaid Impositions, and the amount so deducted shall be paid to or upon the order of the State.
Temporary Takings. If any portion of the Premises is taken, appropriated or condemned for any use for a period of less than one year (i) this Lease shall be unaffected and remain in effect, and Tenant shall continue to pay the full amount of the Rent due under this Lease, (ii) Tenant shall be entitled to receive for itself any award or compensation for such temporary use allocable to the Term of this Lease, and (iii) Tenant shall be responsible for any repairs necessary to restore the Premises to their condition prior to such taking, appropriation or condemnation but only to the extent of such portion of the award or compensation as is allocated to such repairs; provided, if any such taking, appropriation or condemnation extends beyond the Term of this Lease, the costs of such repairs shall be allocated between Landlord and Tenant in proportion to the amount of any award or compensation each receives. Any such taking, appropriation or condemnation lasting more than one year shall be deemed to be a Taking and shall be governed by Sections 15.1, 15.2, 15.3 and 15.
Temporary Takings. In the event of any Taking of the temporary use of all or any part or parts of the Premises for a period of less than 60 days and such period does not extend beyond the expiration date of the Term, neither the Term nor the Rent shall be reduced or affected in any way, and Tenant shall be entitled to any Award for the use or estate taken, except that portion which Tenant shall pay to Landlord for any expenses or disbursements reasonably and necessarily incurred or paid by or on behalf of Landlord for or in connection with the proceedings. If any such Taking is for a period of more than 60 days or extends beyond the expiration date of the Term, the Taking shall be treated under the foregoing provisions for Total, Substantial and Partial Takings.
Temporary Takings. Notwithstanding anything to contrary in this Section, if a Taking occurs with respect to all or any part of the Premises for a limited period of time not in excess of one hundred eighty (180) consecutive days, this Lease shall remain unaffected thereby, and Tenant shall continue to pay Rent and to perform all of the terms, conditions and covenants of this Lease. In the event of such temporary Taking, Tenant shall be entitled to receive that portion of any Award representing compensation for the use or occupancy of the Premises during the Term up to the total Rent owing by Tenant for the period of the Taking, and County shall be entitled to receive the balance of any Award.
