Tenant's Award. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant’s own right on account of any and all costs or loss incurred by Tenant, including, without limitation, removing Tenant’s merchandise, furniture, fixtures, leasehold improvements and equipment to a new location.
Tenant's Award. Subject to the rights of Landlord's lenders, termination of this Lease because of condemnation shall be without prejudice to the rights of either Landlord or Tenant to recover from the condemning authority compensation and damages for the injury and loss sustained by them as a result of the taking, and Tenant shall have the right to make a claim against the condemning authority for the unamortized value of Tenant's leasehold improvements; interruption or dislocation of business in the Premises; loss of good will and for moving and remodeling expenses. Tenant shall not have the right to make a claim for diminution in value of Tenant's leasehold estate. If this Lease is terminated as a result of a condemnation, Tenant shall, subject to the rights of Landlord's lenders, make a separate claim to the condemning authority for the above-mentioned items. If the condemning authority refuses to allocate the award between Landlord's and Tenant's claims for damages and instead grants a single, lump sum award to Landlord, Landlord and Tenant shall use reasonable, good-faith efforts to determine that portion of the award which is attributable to Tenant's leasehold improvements (but only the extent such leasehold improvements were paid for by Tenant).
Tenant's Award. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right on account of any and all costs or loss incurred by Tenant including, without limitation, removing Tenant's merchandise, furniture, fixtures, leasehold improvements and equipment to a new location.
Tenant's Award. Tenant may claim and seek to recover from the condemning authority such compensation as may otherwise be separately awarded to Tenant for any damage to Tenant's business by reason of such condemnation and for any cost or loss incurred by Tenant in removing or relocating Tenant's fixtures, furnishings, Operating Equipment and Operating Supplies. Except with respect to an award or payment to which Tenant is entitled pursuant to the foregoing provisions of this Section, no agreement with any condemnor in settlement of or under threat of any condemnation shall be made by either Landlord or Tenant without the written consent of the other, and of Landlord's mortgagee, if the Project is then subject to a mortgage, which consent shall not be unreasonably withheld or delayed provided such award or payment is applied in accordance with this Lease. No award made to Tenant may have the effect of diminishing any award otherwise available to Landlord.
Tenant's Award. In connection with any taking subject to paragraph 11(a) or paragraph 11(b), Tenant may prosecute its own claim by separate proceedings against the condemning authority for damages legally due to it (such as the loss of fixtures which Tenant was entitled to remove and moving expenses) only so long as Tenant's award does not diminish or otherwise adversely affect Landlord's award.
Tenant's Award. If there is a taking of all or any portion of the Premises, then Tenant shall, if allowed by Applicable Laws, be entitled to appear, claim, prove and receive in the condemnation proceeding (a) the unamortized value over the Term of the Alterations and Improvements, provided the same shall have been paid for by Tenant; (b) the value of Tenant’s personal property that is damaged, destroyed or taken hereunder; (c) the cost of relocation; and
Tenant's Award. Tenant shall have the right to claim and recover from -------------- the Condemning authority, but not from Landlord, solely such compensation as may be awarded or recoverable by Tenant in Tenant's own right for (a) the taking of the unamortized or undepreciated value of any leasehold improvements owned by Tenant that Tenant has the right to remove at termination of this Lease and that Tenant elects not to remove, (b) reasonable removal and relocation costs for any leasehold improvements that Tenant has the right to the remove and elects to remove (if the Condemning authority approves of the removal), (c) loss of goodwill, (d) relocation costs under Government Code Section 7262 (the claim for which Tenant may pursue by separate action independent of this Lease), and (e) any other amount in addition to the foregoing that does not in any manner or to any extent reduce the amount of the award payable to Landlord. Tenant shall have the right to negotiate directly with the Condemning authority for the foregoing compensation.
Tenant's Award. In connection with any taking subject to paragraph 10.1 or 10.2, Tenant may prosecute its own claim by separate proceedings against the condemning authority for damages legally due to it (such as the loss of fixtures which Tenant was entitled to remove and moving expenses) only so long as Tenant's award does not diminish or otherwise adversely affect Landlord's award.
Tenant's Award. Notwithstanding anything to the contrary herein, Tenant shall be entitled to receive any condemnation award that is made directly to Tenant, provided that such award does not reduce the amount of the award that would be otherwise payable to Landlord, for the following: (i) for the taking of personal property or Trade Fixtures belonging to Tenant; (ii) for the interruption of Tenant's business or its moving costs; (iii) for the unamortized value of tenant improvements and/or alterations or modifications installed at Tenant's sole cost, amortized over the initial lease term; (iv) for the loss of Tenant's goodwill; or (v) for any temporary taking where this lease is not terminated as a result of such taking.
Tenant's Award. 16 1.94 Tenant's Condemnation Share....................................................................17 1.95 Termination Date...............................................................................17 1.96
