Common use of General Taking Provisions Clause in Contracts

General Taking Provisions. If all or any part of the Leased Property is subject to a Taking during the Term, then Tenant shall give prompt notice of such event to Landlord and except as otherwise provided in this Article, Tenant shall, if applicable, at Tenant’s cost and expense, promptly thereafter Repair the Leased Property, or any such part thereof, to substantially the same condition it was in immediately prior to the Taking (subject to any changes to all or any such part of the Leased Property that Tenant intends to make to the extent permitted under this Lease). Notwithstanding the foregoing or anything to the contrary in this Article XVI or otherwise, if this Lease is terminated under this Article XVI as a result of such Taking, (i) this Lease shall remain in effect following such Taking and Tenant waives the right to terminate this Lease pursuant to articles 2714 and 2715 of the Louisiana Civil Code and other Applicable Legal Requirements (ii) Tenant shall not be obligated to Repair the Leased Property after such Taking or to pay for such Repairs, and (iii) neither Landlord nor any other Landlord Indemnified Party shall have any claim against Tenant with respect to such Repairs of the Property or Losses arising from termination of this Lease or Tenant’s purchase of the Leased Property pursuant to this Section 16.2. Unless this Lease is terminated pursuant to this Section 16.2 in connection with such Taking, (A) this Lease shall remain in effect following such Taking and Tenant waives the right to terminate this Lease pursuant to articles 2714 and 2715 of the Louisiana Civil Code and other Applicable Legal Requirements, (B) the rights and obligations of Landlord and Tenant shall remain in effect without abatement, (C) all Base Rent shall continue unabated, and (D) all Tenant Condemnation Proceeds and, subject to Section 16.3, below, Taking Proceeds recovered on account of such Taking shall be paid to Tenant.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Energy XXI LTD), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.), Connection and Access Agreement (CorEnergy Infrastructure Trust, Inc.)

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General Taking Provisions. If all or any part of the Leased Property is subject to a Taking during the Term, then Tenant Lessee shall give prompt notice of such event to Landlord Lessor and except as otherwise provided in this Article, Tenant Lessee shall, if applicable, at TenantLessee’s cost and expense, promptly thereafter Repair repair, restore or replace the Leased Property, or any such part thereof, to substantially the same condition it was in immediately prior to the Taking (subject to any changes to all or any such part of the Leased Property that Tenant Lessee intends to make to the extent permitted under this Lease). Notwithstanding the foregoing or anything to the contrary in this Article XVI or otherwise, if this Lease is terminated under this Article XVI or Section 25.5 (Burdensome Buyout Event) as a result of such Taking, (i) this Lease shall remain in effect following such Taking and Tenant waives the right to terminate this Lease pursuant to articles 2714 and 2715 of the Louisiana Civil Code and other Applicable Legal Requirements (ii) Tenant Lessee shall not be obligated to Repair repair, restore or replace the Leased Property after such Taking or to pay for such Repairsrepairs, restoration or replacement, and (iiiii) neither Landlord Lessor nor any other Landlord Lessor Indemnified Party shall have any claim against Tenant Lessee with respect to such Repairs repair, restoration or replacement of the Property or Losses arising from termination of this Lease or TenantLessee’s purchase of the Leased Property pursuant to this Section 16.216.2 or Section 25.5. Unless this Lease is terminated pursuant to this Section 16.2 or Section 25.5 in connection with such Taking, (A) this Lease shall remain in effect following such Taking and Tenant waives the right to terminate this Lease pursuant to articles 2714 and 2715 of the Louisiana Civil Code and other Applicable Legal RequirementsTaking, (B) the rights and obligations of Landlord Lessor and Tenant Lessee shall remain in effect without abatement, (C) all Base Rent shall continue unabated, and (D) all Tenant Lessee Condemnation Proceeds and, subject to Section 16.3, below, Taking Proceeds recovered on account of such Taking shall be paid to TenantLessee.

Appears in 2 contracts

Samples: Confidential Treatment (CorEnergy Infrastructure Trust, Inc.), Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.)

General Taking Provisions. If all or any part of the Leased Property is subject to a Taking during the Term, then Tenant shall give prompt notice of such event to Landlord and except as otherwise provided in this Article, Tenant shall, if applicable, at Tenant’s cost and expense, promptly thereafter Repair the Leased Property, or any such part thereof, to substantially the same condition it was in immediately prior to the Taking (subject to any changes to all or any such part of the Leased Property that Tenant intends to make to the extent permitted under this Lease). Notwithstanding the foregoing or anything to the contrary in this Article XVI or otherwise, if this Lease is terminated under this Article XVI as a result of such Taking, (i) this Lease shall remain in effect following such Taking and Tenant waives the right to terminate this Lease pursuant to articles 2714 and 2715 of the Louisiana Civil Code and other Applicable Legal Requirements (ii) Tenant shall not be obligated to Repair the Leased Property after such Taking or to pay for such Repairs, and (iii) neither Landlord nor any other Landlord Indemnified Party shall have any claim against Tenant with respect to such Repairs of the Property or Losses arising from termination of this Lease or Tenant’s purchase of the Leased Property pursuant to this Section 16.216.2 . Unless this Lease is terminated pursuant to this Section 16.2 in connection with such Taking, (A) this Lease shall remain in effect following such Taking and Tenant waives the right to terminate this Lease pursuant to articles 2714 and 2715 of the Louisiana Civil Code and other Applicable Legal Requirements, (B) the rights and obligations of Landlord and Tenant shall remain in effect without abatement, (C) all Base Rent shall continue unabated, and (D) all Tenant Condemnation Proceeds and, subject to Section 16.316.3 , below, Taking Proceeds recovered on account of such Taking shall be paid to Tenant.

Appears in 1 contract

Samples: Connection and Access Agreement (Energy XXI LTD)

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General Taking Provisions. If all Upon the giving of any notice of termination ------------------------- based upon a taking (i.e. by Tenant pursuant to Section 14.6), this Lease and the term hereof shall terminate on or retroactively as of the date on which Tenant shall be required to vacate any part of the Leased Property is subject to Premises or shall be deprived of a Taking during substantial part of the Termmeans of access thereto. In the event of any such termination, then Tenant this Lease and the term hereof shall give prompt notice expire as of such event effective termination date as though that were the Expiration Date as stated in Section 1.3, and the Annual Fixed Rent shall be apportioned as of such date. If neither party (having the right so to do) elects to terminate Landlord will, with reasonable diligence and except as otherwise provided in this Article, Tenant shall, if applicable, at Tenant’s cost and Landlord's expense, promptly thereafter Repair restore the Leased Propertyremainder of the Premises, or any such part thereofthe remainder of the means of access, as nearly as practicably may be to substantially the same condition it was in immediately as obtained prior to the Taking (subject to any changes to all such taking, appropriation or any such part of the Leased Property that Tenant intends to make to the extent permitted under this Lease). Notwithstanding the foregoing or anything to the contrary condemnation in this Article XVI or otherwise, if this Lease is terminated under this Article XVI as a result of such Taking, which event (i) this Lease shall remain in effect following such Taking and Tenant waives the right to terminate this Lease pursuant to articles 2714 and 2715 a just proportion of the Louisiana Civil Code Annual Fixed Rent, according to the nature and other Applicable Legal Requirements extent of the taking, appropriation or condemnation and the resulting permanent injury to the Premises and the means of access thereto, shall be permanently abated, (ii) Tenant a just proportion of the remainder of the Annual Fixed Rent, according to the nature and extent of the taking, appropriation or condemnation and the resultant injury sustained by the Premises and the means of access thereto, shall not be obligated to Repair abated until what remains of the Leased Property after such Taking or to pay for such Repairs, Premises and (iii) neither Landlord nor any other Landlord Indemnified Party the means of access thereto shall have any claim against been restored as fully as may be for permanent use and occupation by Tenant with respect to such Repairs of the Property or Losses arising from termination of this Lease or Tenant’s purchase of the Leased Property pursuant to this Section 16.2. Unless this Lease is terminated pursuant to this Section 16.2 in connection with such Taking, (A) this Lease shall remain in effect following such Taking and Tenant waives the right to terminate this Lease pursuant to articles 2714 and 2715 of the Louisiana Civil Code and other Applicable Legal Requirements, (B) the rights and obligations of Landlord and Tenant shall remain in effect without abatement, (C) all Base Rent shall continue unabated, and (D) all Tenant Condemnation Proceeds and, subject to Section 16.3, below, Taking Proceeds recovered on account of such Taking shall be paid to Tenanthereunder.

Appears in 1 contract

Samples: Agreement (Parametric Technology Corp)

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