Common use of Condemnation Award Clause in Contracts

Condemnation Award. In any condemnation proceedings, the FCRHA and Tenant each agree to cooperate in obtaining the highest award possible and agree to request that separate awards be made for the FCRHA’s and Tenant’s interests in the Premises and the Improvements. In the event that separate awards are not made for the FCRHA’s and Tenant’s interests in the Premises and the Improvements, any compensation which may be awarded on account of the taking of all of the Premises, and Improvements by eminent domain shall be fairly allocated between the ownership of the fee and the leasehold estates in accordance with the loss and damage suffered by each, taking into consideration all the relevant facts and circumstances, including, but not limited to, the then present value of the Premises and all of the Improvements and the present value of the FCRHA’s remainder interest in such Improvements as well as the value of the FCRHA’s and Tenant’s interest in the Lease for the remainder of the Term (i.e., from the date the Premises is taken until the Fixed Expiration Date). If the parties are unable to agree on the allocation of the condemnation award between the FCRHA and Tenant (the “Respective Allocations”) within thirty (30) days after the condemnation proceedings have terminated, the allocation shall be determined by appraisal, using the method hereinafter set forth:

Appears in 7 contracts

Samples: Deed of Lease, www.fairfaxcounty.gov, www.fairfaxcounty.gov

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Condemnation Award. In any condemnation proceedings, the FCRHA Landlord and Tenant each agree to cooperate in obtaining the highest award possible and agree to request that separate awards be made for the FCRHALandlord’s and Tenant’s interests in the Premises and the ImprovementsImprovements (to the extent that such improvements have not yet been accepted by the applicable governmental authority and the bonds therefor have not yet been released). In the event that If separate awards are not made for the FCRHALandlord’s and Tenant’s interests in the Premises and the ImprovementsProject, any compensation which may be awarded on account of the taking of all of the Premises, Buildings, Fixtures and Improvements any other structures or improvements by eminent domain shall be fairly allocated between the ownership of the fee and the leasehold estates in accordance with the loss and damage suffered by each, taking into consideration all the relevant facts and circumstances, including, but not limited to, the then present value of the Premises Premises, Buildings, Fixtures and all of the Improvements any other structures or improvements and the present value of the FCRHALandlord’s remainder interest in such Improvements Buildings, Fixtures and other structures and improvements on the Premises as well as the value of the FCRHALandlord’s and Tenant’s interest in the Lease for the remainder of the Term (i.e., i.e. from the date the Premises is taken until the Fixed Expiration Date). If the parties are unable to agree on the allocation of the condemnation award between the FCRHA Landlord and Tenant (the “Respective Allocations”) within thirty (30) days after the condemnation proceedings have terminated, the allocation shall be determined by appraisal, using the method hereinafter set forth:

Appears in 3 contracts

Samples: www.fairfaxcounty.gov, www.fairfaxcounty.gov, www.fairfaxcounty.gov

Condemnation Award. In any condemnation proceedings, the FCRHA Landlord and Tenant each agree to cooperate in obtaining the highest award possible and agree to request that separate awards be made for the FCRHALandlord’s and Tenant’s interests in the Premises and the Improvements. In the event that separate awards are not made for the FCRHALandlord’s and Tenant’s interests in the Premises and the Improvements, any compensation which may be awarded on account of the taking of all of the Premises, and Improvements by eminent domain shall be fairly allocated between the ownership of the fee and the remainder of the leasehold estates estate in accordance with the loss and damage suffered by each, taking into consideration all the relevant facts and circumstances, including, but not limited to, the then present value of the Premises and all of the Improvements and the present value of the FCRHALandlord’s remainder interest in such Improvements as well as the value of Landlord’s interest in the FCRHA’s fee and Tenant’s interest in the Lease for the remainder of the Term (i.e., i.e. from the date the Premises is taken until the Fixed Expiration Date). If the parties are unable to agree on the allocation of the condemnation award between the FCRHA Landlord and Tenant (the “Respective Allocations”) within thirty (30) days after the condemnation proceedings have terminated, the allocation shall be determined by appraisal, using the method hereinafter set forth:forth:‌

Appears in 2 contracts

Samples: Comprehensive Agreement, www.fairfaxcounty.gov

Condemnation Award. In any condemnation proceedings, the FCRHA Landlord and Tenant each agree to cooperate in obtaining the highest award possible and agree to request that separate awards be made for the FCRHALandlord’s and Tenant’s interests in the Premises and the Improvements. In the event that separate awards are not made for the FCRHALandlord’s and Tenant’s interests in the Premises and the Improvements, any compensation which may be awarded on account of the taking of all of the Premises, and Improvements by eminent domain shall be fairly allocated between the ownership of the fee and the leasehold estates in accordance with the loss and damage suffered by each, taking into consideration all the relevant facts and circumstances, including, but not limited to, the then present value of the Premises and all of the Improvements and the present value of the FCRHALandlord’s remainder interest in such Improvements as well as the value of the FCRHALandlord’s and Tenant’s interest in the Lease for the remainder of the Term (i.e., i.e. from the date the Premises is taken until the Fixed Expiration Date). If the parties are unable to agree on the allocation of the condemnation award between the FCRHA Landlord and Tenant (the “Respective Allocations”) within thirty (30) days after the condemnation proceedings have terminated, the allocation shall be determined by appraisal, using the method hereinafter set forth:forth:‌

Appears in 2 contracts

Samples: Deed of Lease, Deed of Lease

Condemnation Award. In any condemnation proceedings, the FCRHA Landlord and Tenant each agree to cooperate in obtaining the highest award possible and agree to request that separate awards be made for the FCRHALandlord’s and Tenant’s interests in the Premises and the Improvements. In the event that separate awards are not made for the FCRHALandlord’s and Tenant’s interests in the Premises and the ImprovementsProject, any compensation which may be awarded on account of the taking of all of the Premises, Buildings, Fixtures and Improvements any other structures or improvements by eminent domain shall be fairly allocated between the ownership of the fee and the leasehold estates in accordance with the loss and damage suffered by each, taking into consideration all the relevant facts and circumstances, including, but not limited to, the then present value of the Premises Premises, Buildings, Fixtures and all of the Improvements any other structures or improvements and the present value of the FCRHALandlord’s remainder interest in such Improvements Buildings, Fixtures and other structures and improvements on the Premises as well as the value of the FCRHALandlord’s and Tenant’s interest in the Lease for the remainder of the Term (i.e., i.e. from the date the Premises is taken until the Fixed Expiration Date). If the parties are unable to agree on the allocation of the condemnation award between the FCRHA Landlord and Tenant (the “Respective Allocations”) within thirty (30) days after the condemnation proceedings have terminated, the allocation shall be determined by appraisal, using the method hereinafter set forth:

Appears in 1 contract

Samples: Deed of Lease

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Condemnation Award. In any condemnation proceedings, the FCRHA Landlord and Tenant Xxxxxx each agree to cooperate in obtaining the highest award possible and agree to request that separate awards be made for the FCRHALandlord’s and TenantXxxxxx’s interests in the Premises and the Improvements. In the event that separate awards are not made for the FCRHALandlord’s and Tenant’s interests in the Premises and the Improvements, any compensation which may be awarded on account of the taking of all of the Premises, and Improvements by eminent domain shall be fairly allocated between the ownership of the fee and the leasehold estates in accordance with the loss and damage suffered by each, taking into consideration all the relevant facts and circumstances, including, but not limited to, the then present value of the Premises and all of the Improvements and the present value of the FCRHALandlord’s remainder interest in such Improvements as well as the value of the FCRHALandlord’s and Tenant’s interest in the Lease for the remainder of the Term (i.e., i.e. from the date the Premises is taken until the Fixed Expiration Date). If the parties are unable to agree on the allocation of the condemnation award between the FCRHA Landlord and Tenant (the “Respective Allocations”) within thirty (30) days after the condemnation proceedings have terminated, the allocation shall be determined by appraisal, using the method hereinafter set forth:forth:‌

Appears in 1 contract

Samples: Deed of Lease

Condemnation Award. In any condemnation proceedings, the FCRHA Xxxxxxxx and Tenant Xxxxxx each agree to cooperate in obtaining the highest award possible and agree to request that separate awards be made for the FCRHALandlord’s and TenantXxxxxx’s interests in the Premises and the ImprovementsImprovements (to the extent that such improvements have not yet been accepted by the applicable governmental authority and the bonds therefor have not yet been released). In the event that If separate awards are not made for the FCRHALandlord’s and TenantXxxxxx’s interests in the Premises and the ImprovementsProject, any compensation which may be awarded on account of the taking of all of the Premises, Buildings, Fixtures and Improvements any other structures or improvements by eminent domain shall be fairly allocated between the ownership of the fee and the leasehold estates in accordance with the loss and damage suffered by each, taking into consideration all the relevant facts and circumstances, including, but not limited to, the then present value of the Premises Premises, Buildings, Fixtures and all of the Improvements any other structures or improvements and the present value of the FCRHALandlord’s remainder interest in such Improvements Buildings, Fixtures and other structures and improvements on the Premises as well as the value of the FCRHALandlord’s and Tenant’s interest in the Lease for the remainder of the Term (i.e., i.e. from the date the Premises is taken until the Fixed Expiration Date). If the parties are unable to agree on the allocation of the condemnation award between the FCRHA Landlord and Tenant (the “Respective Allocations”) within thirty (30) days after the condemnation proceedings have terminated, the allocation shall be determined by appraisal, using the method hereinafter set forth:

Appears in 1 contract

Samples: www.fairfaxcounty.gov

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