Common use of Division of Condemnation Award Clause in Contracts

Division of Condemnation Award. Any award made for any taking of the Property, the Building, the Outside Areas or the Leased Premises, or any portion thereof, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any portion of the award that is made specifically (i) for the taking of personal property, inventory or trade fixtures belong to Tenant, (ii) for the interruption of Tenant's business or its moving costs, (iii) for loss of Tenant's goodwill, or (iv) for any temporary taking where this Lease is not terminated as a result of such taking. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure, and the provisions of any similar law hereinafter enacted, allowing either party to petition the Superior Court to terminate this Lease and/or otherwise allocate condemnation awards between Landlord and Tenant in the event of a taking of the Leased Premises.

Appears in 5 contracts

Samples: Acceptance Agreement (Mattson Technology Inc), Industrial Space Lease (Mattson Technology Inc), Acceptance Agreement (Atroad Inc)

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Division of Condemnation Award. Any award made for any taking condemnation of the PropertyProject, the Building, the Outside Common Areas or the Leased Premises, or any portion thereof, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any portion of the condemnation award that is made specifically directly to Tenant (i) for the taking of personal property, inventory or trade fixtures belong belonging to Tenant, (ii) for the interruption of Tenant's ’s business or its moving costs, (iii) for loss of Tenant's ’s goodwill, or (iv) for any temporary taking where this Lease is not terminated as a result of such taking. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure, and the provisions of any similar law hereinafter enacted, allowing either party to petition the Superior Court to terminate this Lease and/or otherwise allocate allocating condemnation awards between Landlord and Tenant in the event of a taking of the Leased Premises.

Appears in 4 contracts

Samples: Lease (Adeza Biomedical Corp), Lease (Adeza Biomedical Corp), Industrial Space Lease (Silicon Graphics International Corp)

Division of Condemnation Award. Any award made for any taking of the Property, the Building, the Outside Areas or the Leased Premises, or any portion thereof, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any portion of the award that is made specifically (i) for the taking of personal property, inventory or trade fixtures belong to Tenant, (ii) for the interruption of Tenant's ’s business or its moving costs, (iii) for loss of Tenant's ’s goodwill, or (iv) for any temporary taking where this Lease is not terminated as a result of such taking. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure, and the provisions of any similar law hereinafter enacted, allowing either party to petition the Superior Court to terminate this Lease and/or otherwise allocate condemnation awards between Landlord and Tenant in the event of a taking of the Leased Premises.

Appears in 3 contracts

Samples: Acceptance Agreement (Lexar Media Inc), Industrial Space Lease (Asyst Technologies Inc), Virage Logic Corp

Division of Condemnation Award. Any award made for any taking condemnation of the PropertyProject, the Building, the Outside Common Areas or the Leased Premises, or any portion thereof, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any portion of the condemnation award that is made specifically directly to Tenant (i) for the taking of personal property, inventory or trade fixtures belong belonging to Tenant, (ii) for the interruption of Tenant's business or its moving costs, (iii) for loss of Tenant's goodwill, or (iv) for any temporary taking where this Lease is not terminated as a result of such taking. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure, and the provisions of any similar law hereinafter enacted, allowing either party to petition the Superior Court to terminate this Lease and/or otherwise allocate allocating condemnation awards between Landlord and Tenant in the event of a taking of the Leased Premises.

Appears in 3 contracts

Samples: Acceptance Agreement (Asyst Technologies Inc /Ca/), Acceptance Agreement (Asyst Technologies Inc /Ca/), Adeza Biomedical Corp

Division of Condemnation Award. Any award made for any taking of the Property, the Building, the Outside Areas or the Leased Premises, or any portion thereof, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any portion of the award that is made specifically (i) for the taking of personal property, inventory or trade fixtures belong to Tenant, (ii) for the interruption of Tenant's business or its moving costs, (iii) for loss of Tenant's goodwill, or (iv) for any temporary taking where this Lease is not terminated as a result of such taking. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure, and the provisions of any similar law hereinafter enacted, allowing either party to petition the Superior Court to terminate this Lease and/or otherwise allocate condemnation awards between Landlord and Tenant in the event of a taking of the Leased Premises.

Appears in 2 contracts

Samples: Acceptance Agreement (Efficient Networks Inc), Acceptance Agreement (Upgrade International Corp /Fl/)

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Division of Condemnation Award. Any award made for any taking of the Property, the Building, the Outside Areas or the Leased Premises, or any portion thereof, or the leasehold interest, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any portion of the award that is made specifically (i) for the taking of personal property, inventory or trade fixtures belong belonging to Tenant, (ii) for the interruption of Tenant's ’s business or its moving costs, or (iii) for loss the unamortized value of any leasehold improvements installed and paid for by Tenant's goodwill, or (iv) for any temporary taking where this Lease is not terminated as amortized over a result of such takingfour-year period. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure, and the provisions of any similar law hereinafter enacted, allowing either party to petition the Superior Supreme Court to terminate this Lease and/or otherwise allocate condemnation awards between Landlord and Tenant in the event of a taking of the Leased Premises.

Appears in 1 contract

Samples: Lease (Cardium Therapeutics, Inc.)

Division of Condemnation Award. Any award made for any taking of the Property, the Building, the Outside Areas or the Leased Premises, or any portion thereof, or the leasehold interest, shall belong to and be paid to Landlord, and Tenant hereby assigns to Landlord all of its right, title and interest in any such award; provided, however, that Tenant shall be entitled to receive any portion of the award that is made specifically (i) for the taking of personal property, inventory or trade fixtures belong belonging to Tenant, (ii) for the interruption of Tenant's business or its moving costs, or (iii) for loss the unamortized value of any leasehold improvements installed and paid for by Tenant's goodwill, or (iv) for any temporary taking where this Lease is not terminated as amortized over a result of such takingfour- year period. The rights of Landlord and Tenant regarding any condemnation shall be determined as provided in this Article, and each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure, and the provisions of any similar law hereinafter enacted, allowing either party to petition the Superior Supreme Court to terminate this Lease and/or otherwise allocate condemnation awards between Landlord and Tenant in the event of a taking of the Leased Premises.

Appears in 1 contract

Samples: Copper Mountain Networks Inc

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