Eminent Domain Proceeding definition
Examples of Eminent Domain Proceeding in a sentence
In consideration of the agreements set forth herein and in the Merger Agreement, the City and Pennichuck agree to settle all claims, controversies and disputes between the parties in the PUC Eminent Domain Proceeding, in accordance with the terms and conditions of this Agreement.
Sixty-One Thousand One Hundred Twenty-One and 35/100 Dollars ($61,121.35) as for payment of the Owners’ attorneys’ fees, appraisers fees, and other costs related to the Eminent Domain Proceeding; (“Damages Amount”).
If, during the Term, the entire Premises or any material portion of thereof shall be taken by an exercise of the power of eminent domain or by purchase under the threat of such power (the “Eminent Domain Proceeding”), then this Agreement shall terminate as to that portion of the Premises taken as of the date of the vesting of title in the taking authority pursuant to the Eminent Domain Proceeding.
If Sellers and Buyer cannot reach agreement on a proposed settlement, the matter will be elevated to each Party’s executive management who shall attempt to reach agreement on the terms of any third party agreement settling the applicable ▇▇▇▇ Eminent Domain Proceeding for an additional period of up to ten (10) Business Days.
Upon the Title Company informing the Parties that the Closing has occurred, that the funds have been disbursed pursuant to the Closing Statement, and that the Owners Closing Documents and City Closing Documents have been delivered, the Parties hereby stipulate and agree that the Eminent Domain Proceeding shall be dismissed with prejudice, without an award of costs, disbursements, or attorney’s fees.
Owner shall have the entire interest in any award or other compensation paid in connection with such Eminent Domain Proceeding; provided, however, Owner shall have no interest in any award made to Farmer for loss of business or goodwill or for the taking of ▇▇▇▇▇▇'▇ crops or other improvements, if a separate award is made for such items.
Without the prior written approval of Buyer, ▇▇▇▇ Seller shall not enter into any third party agreement settling any ▇▇▇▇ Eminent Domain Proceeding that (i) imposes financial obligations on Buyer or its Affiliates for which Buyer is not indemnified pursuant to Section 10.2(b), or (ii) (1) explicitly names Buyer or its Affiliates as a party, or (2) imposes any non-financial obligations on Buyer or its Affiliates (in the case of either of clauses (i) or (ii), a “Deficient Settlement Agreement”).
To the extent ▇▇▇▇ Seller desires to enter into a Deficient Settlement Agreement or otherwise desires for Buyer to approve any third party agreement settling any ▇▇▇▇ Eminent Domain Proceeding or any appeal thereof, Sellers shall submit such third party agreement to Buyer, and Buyer agrees that, within ten (10) Business Days of such submittal, Buyer will provide its written approval or reasons for non-approval.