Common use of Substantial Clause in Contracts

Substantial. In the event that any person or corporation, public or private, shall by virtue of eminent domain or condemnation proceedings, or by purchase in lieu thereof, at any time during the term of this Sublease acquire title to the Premises (which for the purpose of this Section only shall include not only the land hereby demised but also the Improvements and other improvements erected thereon by SUBLESSEE) or acquire title to such substantial portion thereof that SUBLESSEE cannot make use of the residue for the purposes intended by this Sublease, such acquisition of title shall terminate this Sublease, effective as of the date on which the condemning party takes possession thereof. SUBLESSOR and SUBLESSEE shall be entitled to separate awards, with SUBLESSOR entitled to the value of its leasehold interest under the Main Lease, SUBLESSEE shall be entitled to the fair market value of its leasehold inter- est including Improvements, and the Board shall be entitled to the value of the remainder interest in its fee simple interest in the lands condemned. To the extent that such award is insufficient to cover both SUBLESSOR and SUBLESSEE, SUBLESSEE shall have priority over SUBLESSOR, provided, however, that such priority shall not affect the rights of the Board or the State of Florida.

Appears in 1 contract

Sources: Sublease Agreement

Substantial. In the event that any person or corporation, public or private, shall by virtue of eminent domain or condemnation proceedings, or by purchase in lieu thereof, at any time during the term of this Sublease Ground Lease Agreement acquire title to the Premises (which for the purpose of this Section only shall include not only the land hereby demised but also the Improvements and other improvements erected thereon by SUBLESSEEGROUND LESSEE) or acquire title to such substantial portion thereof that SUBLESSEE GROUND LESSEE cannot make use of the residue for the purposes intended by this SubleaseGround Lease Agreement, such acquisition of title shall terminate this SubleaseGround Lease Agreement, effective as of the date on which the condemning party takes possession thereof. SUBLESSOR GROUND LESSOR and SUBLESSEE GROUND LESSEE shall be entitled to separate awards, with SUBLESSOR GROUND LESSOR entitled to the value of its leasehold interest under the Main Lease, SUBLESSEE GROUND LESSEE shall be entitled to the fair market value of its leasehold inter- est interest including Improvements, and the Board shall be entitled to the value of the remainder interest in its fee simple interest in the lands condemned. To the extent that such award is insufficient to cover both SUBLESSOR GROUND LESSOR and SUBLESSEEGROUND LESSEE, SUBLESSEE GROUND LESSEE shall have priority over SUBLESSORGROUND LESSOR to the extent necessary to enable the GROUND LESSEE to pay in full, the Bonds, provided, however, that such priority shall not affect the rights of the Board or the State of Florida.

Appears in 1 contract

Sources: Ground Lease Agreement