Common use of Permanent Taking - When Lease Can Be Terminated Clause in Contracts

Permanent Taking - When Lease Can Be Terminated. If the whole of the Premises, or so much of the Premises as to render the balance unusable by Lessee, shall be taken under the power of eminent domain, this Lease shall automatically terminate as of the date of final judgment in such condemnation, or as of the date possession is taken by the condemning authority, whichever is earlier. A sale by Lessor under threat of condemnation shall constitute a "taking" for the purpose of this Article 16. No award for any partial or entire taking shall be apportioned and Lessee assigns to Lessor all awards which may be made in such taking or condemnation, together with all rights of Lessee to such award, including, without limitation, any award of compensation for the value of all or any part of the leasehold estate created hereby; provided that nothing contained in this Article 16 shall be deemed to give Lessor any interest in or to require Lessee to assign to Lessor any award made to Lessee for (a) the taking of Lessee's Personal Property, or (b) interruption of or damage to Lessee's business, or (c) Lessee's unamortized cost of the Lessee Improvements to the extent paid for by Lessee; provided further that Lessee's award shall in no event diminish the award to Lessor.

Appears in 4 contracts

Samples: Lease Agreement (A-Mark Precious Metals, Inc.), Lease Agreement (Advanced Communications Technologies Inc), Lease Agreement (Advanced Communications Technologies Inc)

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Permanent Taking - When Lease Can Be Terminated. If the whole of the Premises, or so much of the Premises as to render the balance unusable by Lessee, shall be taken under the power of eminent domain, this Lease shall automatically terminate as of the date of final judgment in such condemnation, or as of the date possession is taken by the condemning authority, whichever is earlier. A sale by Lessor under threat of condemnation shall constitute a "taking" for the purpose of this Article 16. No award for any partial or entire taking shall be apportioned and Lessee assigns to Lessor all awards which may be made in such taking or condemnation, together with all rights of Lessee to such award, including, without limitation, any award of compensation for the value of all or any part of the leasehold estate created hereby; provided that nothing contained in this Article 16 shall be deemed to give Lessor any interest in or to require Lessee to assign to Lessor any award made to Lessee for (a) the taking of Lessee's ’s Personal Property, or (b) interruption of or damage to Lessee's business’s business (including moving costs), or (c) Lessee's ’s unamortized cost of the Lessee Improvements to the extent paid for by Lessee; provided further that Lessee's ’s award shall in no event diminish the award to Lessor.

Appears in 1 contract

Samples: Lease Agreement (Fisker Inc./De)

Permanent Taking - When Lease Can Be Terminated. If the whole of the Premises, or so much of the Premises as to render the balance unusable by Lessee, shall be taken under the power of eminent domain, this Lease shall automatically terminate as of the date of final judgment in such condemnation, or as of the date possession is taken by the condemning authority, whichever is earlier. A sale by Lessor under threat of condemnation shall constitute a "taking" for the purpose of this Article 16. No award for any partial or entire taking shall be apportioned and Lessee assigns to Lessor all awards which may be made in such taking or condemnation, together with all rights of Lessee to such award, including, without limitation, any award of compensation for the value of all or any part of the leasehold estate created hereby; provided that nothing contained in this Article 16 shall be deemed to give Lessor any interest in or to require Lessee to assign to Lessor any award made to Lessee for (a) the taking of Lessee's Personal Property, or (b) interruption of or damage to Lessee's business, or (c) Lessee's unamortized cost of the Lessee Reviewed: Lessor’s initials:_____ Improvements to the extent paid for by Lessee; provided further that Lessee's award shall in no event diminish the award to Lessor.

Appears in 1 contract

Samples: Lease Agreement (iDcentrix, Inc.)

Permanent Taking - When Lease Can Be Terminated. If the whole of the Premises, or so much of the Premises as to render the balance unusable by Lessee, shall be taken under the power of eminent domain, this Lease shall automatically terminate as of the date of final judgment in such condemnation, or as of the date possession is taken by the condemning authority, whichever is earlier. A sale by Lessor under threat of condemnation shall constitute a "taking" for the purpose of this Article 16Article. No award for any partial or entire taking shall be apportioned and Lessee assigns to Lessor all awards which may be made in such taking or condemnation, together with all rights of Lessee to such award, including, without limitation, any award of or compensation for the value of all or any part of the leasehold estate created hereby; provided that nothing contained in this Article 16 shall be deemed to give Lessor any interest in or to require Lessee to assign to Lessor any award made to Lessee for (a) the taking of Lessee's Personal Property, or (b) interruption of or damage to Lessee's business, or (c) Lessee's unamortized cost of the Lessee Improvements improvements to the extent paid for by Lessee; provided further that Lessee's award shall in no event diminish the award to Lessor.

Appears in 1 contract

Samples: Lease Agreement (Pharmacy Buying Association Inc)

Permanent Taking - When Lease Can Be Terminated. If the whole of the Premises, or so much of the Premises as to render the balance unusable by Lessee, shall be taken under the power of eminent domain, this Lease shall automatically terminate as of the date of final judgment in such condemnation, or as of the date possession is taken by the condemning authority, whichever is earlier. A sale by Lessor under threat of condemnation shall constitute a "taking" for the purpose of this Article 16Article. No award for any partial or entire taking shall be apportioned and Lessee assigns to Lessor all awards which may be made in such taking or condemnation, together with all rights of Lessee to such award, including, without limitation, any award of or compensation for the value of all or any part of the leasehold estate created hereby; provided that nothing contained in this Article 16 shall be deemed to give Lessor any interest in or to require Lessee to assign to Lessor any award made to Lessee for (a) the taking of Lessee's ’s Personal Property, or (b) interruption of or damage to Lessee's ’s business, or (c) Lessee's ’s unamortized cost of the Lessee Improvements improvements to the extent paid for by Lessee; provided further that Lessee's ’s award shall in no event diminish the award to Lessor.

Appears in 1 contract

Samples: Office Lease (Icop Digital, Inc)

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Permanent Taking - When Lease Can Be Terminated. If the whole of the Premises, or so much of the Premises as to render the balance unusable by Lessee, shall be taken under the power of eminent domain, this the Lease shall automatically terminate as of the date of final judgment in such condemnation, or as of the date possession is taken by the condemning authority, whichever is earlier. A sale by Lessor under the threat of condemnation shall constitute a "taking" for the purpose of this Article 16Section 15. No award for any partial or entire taking shall be apportioned and Lessee assigns to Lessor all awards any award which may be made in such taking or condemnation, together with all rights of Lessee to such award, including, without limitation, any award of or compensation for the value of all or any part of the leasehold estate created herebyestate; provided that nothing contained in this Article 16 Section 15 shall be deemed to give Lessor any interest in or to require Lessee to assign to Lessor any award made to Lessee and Lessee may maintain a separate action for (a) the taking of Lessee's Personal Propertypersonal property, or (b) interruption of to or damage to Lessee's business, or (c) Lessee's unamortized cost of the Lessee Improvements Alterations to the extent paid for by Lessee; provided further . Furthermore, Lessee shall be entitled to recover from Lessor any advance payments of Rent made by Lessee attributable to that Lessee's award shall in no event diminish unelasped portion of the award to Lessorterm of the Lease following such taking.

Appears in 1 contract

Samples: Inetvisionz Com Inc

Permanent Taking - When Lease Can Be Terminated. If the whole of the Premises, or so much of the Premises as to render the balance unusable by LesseeTenant, shall be taken under the power of eminent domain, this the Lease shall automatically terminate as of the date of final judgment in such condemnation, or as of the date possession is taken by the condemning authority, whichever is earlier. A sale by Lessor Landlord under threat of condemnation shall constitute a "taking" for the purpose of this Article 1615. No award for any partial or entire taking shall be apportioned and Lessee Tenant assigns to Lessor all awards Landlord any award which may be made in such taking or condemnation, together with all rights of Lessee Tenant to such award, including, without limitation, any award of or compensation for the value of all or any part of the leasehold estate created herebyestate; provided that nothing contained in this Article 16 15 shall be deemed to give Lessor Landlord any interest in or to require Lessee Tenant to assign to Lessor Landlord any award made to Lessee Tenant for (a) the taking of LesseeTenant's Personal Propertypersonal property, or (b) interruption of or damage to LesseeTenant's business, business or (c) Lesseemoving expenses or (d) Tenant's unamortized cost of the Lessee Tenant Improvements to the extent paid for by Lessee; provided further that Lessee's award shall in no event diminish the award to LessorTenant.

Appears in 1 contract

Samples: Lease Agreement (Brilliant Digital Entertainment Inc)

Permanent Taking - When Lease Can Be Terminated. If the whole of the Premises, or so much of the Premises as to render the balance unusable by Lessee, shall be taken under the power of eminent domain, this Lease shall automatically terminate as of the date of final judgment in such condemnation, or as of the date possession is taken by the condemning authority, whichever is earlier. A sale by Lessor under threat of condemnation shall constitute a "taking" for the purpose of this Article 16. No award for any partial or entire taking shall be apportioned and Lessee assigns to Lessor all awards which may be made in such taking or condemnation, together with all rights of Lessee to such award, including, without limitation, any award of compensation for the value of all or any part of the leasehold estate created hereby; provided that nothing contained in this Article 16 shall be deemed to give Lessor any interest in or to require Lessee to assign to Lessor any award made to Lessee for (a) the taking of Lessee's ’s Personal Property, or (b) interruption of or damage to Lessee's ’s business, or (c) Lessee's ’s unamortized cost of the Lessee Improvements to the extent paid for by Lessee; provided further that Lessee's ’s award shall in no event diminish the award to Lessor.

Appears in 1 contract

Samples: Lease Agreement (Peerless Systems Corp)

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