Common use of Right to Award Clause in Contracts

Right to Award. 9.1.1. If any or all of the Premises are taken by the exercise of any power of eminent domain or are conveyed to or at the direction of any governmental entity under a threat of any such taking (each of which is hereinafter referred to as a "Condemnation"), the Landlord shall be entitled to collect from the condemning authority thereunder the entire amount of any award made in any such proceeding or as consideration for such conveyance, without deduction therefrom for any leasehold or other estate held by the Tenant under this Lease. 9.1.2. The Tenant hereby (a) assigns to the Landlord all of the Tenant's right, title and interest, if any, in and to any such award; (b) waives any right which it may otherwise have in connection with such Condemnation, against the Landlord or such condemning authority, to any payment for (i) the value of the then-unexpired portion of the Term, (ii) leasehold damages, and (iii) any damage to or diminution of the value of the Tenant's leasehold interest hereunder or any portion of the Premises not covered by such Condemnation; and (c) agrees to execute any and all further documents which may be required to facilitate the Landlord's collection of any and all such awards. 9.1.3. Subject to the operation and effect of the foregoing provisions of this Section, the Tenant may seek, in a separate proceeding, a separate award on account of any damages or costs incurred by the Tenant as a result of such Condemnation, so long as such separate award in no way diminishes any award or payment which the Landlord would otherwise receive as a result of such Condemnation and Tenants right of recovery is limited to moving expenses and the cost of trade fixtures.

Appears in 2 contracts

Samples: Deed of Lease Agreement (Litronic Inc), Deed of Lease Agreement (Litronic Inc)

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Right to Award. 9.1.1. If any or all of the Premises Property are taken by the exercise of any power of eminent domain or are conveyed to or at the direction of any governmental entity under a threat of any such taking (each of which is hereinafter referred to as a "Condemnation"), the Landlord shall be entitled to collect from the condemning authority thereunder the entire amount of any award made in any such proceeding or as consideration for such conveyance, without deduction therefrom for any leasehold or other estate held by the Tenant under this Lease. 9.1.2. The Tenant hereby (a) assigns to the Landlord all of the Tenant's right, title and interest, if any, in and to any such award; (b) waives any right which it may otherwise have in connection with such Condemnation, against the Landlord or such condemning authority, to any payment for (i) the value of the then-unexpired portion of the TermTerm of this Lease, (ii) leasehold damagesdamages with respect to any structure not constructed or improved to the extent of at least twenty-five percent (25%) of its value by Tenant, and (iii) any damage to or diminution of the value of the Tenant's leasehold interest hereunder or any portion of the Premises Property not covered by such Condemnation; and (c) agrees to execute any and all further documents which may be required to facilitate the Landlord's collection of any and all such awards. 9.1.3. Subject to the operation and effect of the foregoing provisions of this Section, the Tenant may seek, in a separate proceedingproceeding or in the same proceeding if required by law or court rule, a separate award on account of any damages or costs incurred by the Tenant as a result of such Condemnation, so long as such separate award in no way diminishes any award or payment which the Landlord would otherwise receive as a result of such Condemnation and Tenants right Condemnation. Specifically, Tenant may seek an award with respect to any structures constructed by Tenant or improved by Tenant to the extent of recovery is limited at least twenty-five percent (25%) of their value, provided that Tenant shall pay to moving expenses Landlord a pro rata portion of any such award with respect to any such improvements located on the Premises on the date hereof as determined by a fraction, the numerator of which shall be the number of years since the Rent Commencement Date and the cost denominator of trade fixtureswhich shall be the total possible term of this Lease, including the original and all renewal terms.

Appears in 1 contract

Samples: Agreement of Lease (New Generation Biofuels Holdings, Inc)

Right to Award. 9.1.1. (a) If any or all of the Premises are taken by the exercise of any power of eminent domain or are conveyed to or at the direction of any governmental entity under a threat of any such taking (each of which is hereinafter referred to as a "Condemnation"), the Landlord shall be entitled to collect from the condemning authority thereunder the entire amount of any award made in any such proceeding or as consideration for such conveyancedeed, without deduction therefrom for any leasehold or other estate held by the Tenant under by virtue of this Lease. 9.1.2. Lease [SEE PARAGRAPH 32 OF RIDER] (b) The Tenant hereby (ai) assigns to the Landlord all of the Tenant's right, title and interest, if any, in and to any such award; , (bii) waives any right which it may otherwise have in connection with such Condemnation, against the Landlord or such condemning authority, to any payment for (iA) the value of the then-then unexpired portion of the Term, (iiB) leasehold damages, damages and (iiiC) any damage to or diminution of the value of the Tenant's leasehold interest hereunder or any portion of the Premises not covered by such Condemnation; and (ciii) agrees to execute any and all further documents which may be required in order to facilitate the Landlord's collection of any and all such awards. 9.1.3. Subject awards (c) [Crossed out] 12.2 Effect of Condemnation [SEE PARAGRAPH 33 OF RIDER] 12.3 If there is a Condemnation, the Landlord shall have no liability to the operation and effect of the foregoing provisions of this Section, the Tenant may seek, in a separate proceeding, a separate award on account of any damages (a) interruption of the Tenant's business upon the Premises, (b) diminution in the Tenant's ability to use the Premises, or costs incurred (c) other injury or damage sustained by the Tenant as a result of such Condemnation, so long as such . 12.4 Except for any separate award in no way diminishes any award or payment which proceeding brought by the Tenant under the provisions of paragraph 12.1(c) the Landlord would otherwise receive as a result shall be entitled to conduct any such condemnation proceeding and any settlement thereof free of such Condemnation and Tenants right of recovery is limited to moving expenses interference from the Tenant, and the cost Tenant hereby waives any right which it might otherwise have to participate therein. Section 13. Mechanics' and materialmen's liens. The Tenant shall 13.1 bond, remove or have removed any mechanics', materialmen's or other lien filed or claimed against any or all of trade fixturesthe Premises, the Property, or any other property owned or leased by the Landlord, by reason of labor or materials provided for or at the request of the Tenant or any of its contractors or subcontractors (other than labor or materials provided by the Landlord pursuant to this Lease, or otherwise arising out of the Tenant's use or occupancy of the Premises or any other portion of the Property, and 13.2 Indemnify and hold harmless the Landlord against and from any and all liability or expense (including, by way of example rather than of limitation, that of reasonable attorneys' fees) incurred by the Landlord on account of any such lien or claim. Section 14.

Appears in 1 contract

Samples: Federal Data Corp /Fa/

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Right to Award. 9.1.1. If any or all of the Premises are taken by the exercise of any power of eminent domain or are conveyed to or at the direction of any governmental entity under a threat of any such taking (each of which is hereinafter referred to as a "Condemnation"), the Landlord shall be entitled to collect from the condemning authority thereunder the entire amount of any award made in any such proceeding or as consideration for such conveyancedeed (including any amount awarded by order of a court), without deduction therefrom for any leasehold or other estate held by the Tenant under by virtue of this Lease. 9.1.2. The Tenant hereby (a) assigns to the Landlord all of the Tenant's ’s right, title title, and interest, if any, in and to any such award; (b) waives any right which that it may otherwise have in connection with such Condemnation, against the Landlord or such condemning authority, to any payment for (i) the value of the then-then unexpired portion of the Term, (ii) leasehold damages, and (iii) any damage to or diminution of the value of the Tenant's ’s leasehold interest interest, hereunder or any portion of the Premises not covered by such Condemnationcondemnation; and (c) agrees to execute any and all further documents which that may be required to facilitate the Landlord's ’s collection of any and all such awards. 9.1.3. Separate Proceeding by Tenant - Subject to the operation and effect of the foregoing provisions of this SectionSection 12.1 (Right to Award), the Tenant may seek, in a separate proceeding, a separate award on account of any damages or costs incurred by the Tenant as a result of such Condemnation, so long as such separate award in no way diminishes any award or payment which the that Landlord would otherwise receive as a result of such Condemnation and Tenants right of recovery is limited to moving expenses and the cost of trade fixturesCondemnation.

Appears in 1 contract

Samples: Lease Agreement (Mercantile Bankshares Corp)

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