Common use of Temporary Taking Clause in Contracts

Temporary Taking. The taking of the Property, or any part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six (6) months. During any such six (6) month period, which shall be a temporary taking, all the provisions of this Lease shall remain in full force and effect with no abatement of rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease Term, whether paid by way of damages, rent or otherwise, shall be paid to Tenant.

Appears in 11 contracts

Samples: Secondary Collateral Pledge Agreement (Golf Trust of America Inc), Contribution and Leaseback Agreement (Golf Trust of America Inc), Lease (Golf Trust of America Inc)

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Temporary Taking. The taking Taking of the Leased Property, or any part thereof, by military or other public authority shall constitute a taking Taking by Condemnation only when the use and occupancy by the taking Taking authority has continued for longer than six (6) months. During any such six (6) six-month period, which shall be a temporary taking, period all the provisions of this Lease shall remain in full force and effect with no abatement and the Rent shall not be abated or reduced during such period of rent payable Taking; provided that to the extent any compensation is paid by Tenant hereunder. In the event Taking authority as a result of any such temporary takingTaking, the entire amount of any Lessee will retain such Award made for such temporary taking allocable to the Lease Term, whether paid by way of damages, rent or otherwise, shall be paid to Tenantcompensation.

Appears in 7 contracts

Samples: Lease Agreement (Balanced Care Corp), Agreement (Integrated Living Communities Inc), Lease Agreement (Ramsay Health Care Inc)

Temporary Taking. The taking of the any Leased Property, or any ---------------- part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six twenty four (624) months. During any such six twenty-four (624) month period, which shall be a temporary taking, all the provisions of this Lease shall remain in full force and effect as to such Leased Property with no abatement of rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease TermTerm hereof, whether paid by way of damages, rent Rent or otherwise, shall be paid to Tenant.

Appears in 7 contracts

Samples: Lease Agreement (Capital Automotive Reit), Real Property Purchase Agreement (Capital Automotive Reit), Lease Agreement (Capital Automotive Reit)

Temporary Taking. The taking of the any Leased Property, or any part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six (6) months. During any such six (6) month period, which shall be a temporary taking, all the provisions of this the subject Lease shall remain in full force and effect with no abatement of rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease TermTerm of such Lease, whether paid by way of damages, rent or otherwise, shall be paid to Tenant.

Appears in 7 contracts

Samples: Master Agreement (Cca Prison Realty Trust), Master Agreement (Cca Prison Realty Trust), Master Agreement (Corrections Corporation of America)

Temporary Taking. The taking of the Property, or any part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six (6) months. During any such six (6) month period, which shall be a temporary taking, all the provisions of this Lease shall remain in full force and effect with no abatement of rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease Term, whether paid by way of damages, rent or otherwise, otherwise shall be paid to Tenant.

Appears in 4 contracts

Samples: Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc), Pledge Agreement (Golf Trust of America Inc)

Temporary Taking. The taking of the Leased Property, or any part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six (6) months. During any such six (6) month period, which shall be a temporary taking, all the provisions of this Lease shall remain in full force and effect with no abatement of rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease TermTerm of this Lease, whether paid by way of damages, rent or otherwise, shall be paid to Tenant.

Appears in 4 contracts

Samples: Sublease Agreement (Eldertrust), Lease Agreement (Eldertrust), Lease Agreement (Eldertrust)

Temporary Taking. The taking of the any Leased Property, or any part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six twenty four (624) months. During any such six twenty-four (624) month period, which shall be a temporary taking, all the provisions of this Lease shall remain in full force and effect as to such Leased Property with no abatement of rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease TermTerm hereof, whether paid by way of damages, rent Rent or otherwise, shall be paid to Tenant.

Appears in 3 contracts

Samples: Lease Agreement (Capital Automotive Reit), Lease Agreement (Capital Automotive Reit), Lease Agreement (Cross Continent Auto Retailers Inc M&l)

Temporary Taking. The taking of the any Leased Property, or any part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six (6) months. During any such six (6) month period, which shall be a temporary taking, all the provisions of this Lease hereof shall remain in full force and effect with no abatement of rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease TermTerm hereof, whether paid by way of damages, rent or otherwise, shall be paid to Tenant.

Appears in 1 contract

Samples: Master Agreement (Corrections Corp of America/Md)

Temporary Taking. The taking of the Property, or any part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six (6) months. During any such six (6) month period, which shall be a temporary taking, all the provisions of this Lease shall remain in full force and effect with no abatement of rent payable by Tenant hereundereffect. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease Term, whether paid by way of damages, rent or otherwise, shall be paid to Tenant. Xxxxxx agrees that, to the extent to which unpaid rent accrues during any period of temporary taking, such rent shall be paid from the proceeds of any condemnation award, if any, payable to Tenant.

Appears in 1 contract

Samples: Lease (Golf Trust of America Inc)

Temporary Taking. The taking of the Property, or any part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six (6) months. During any such six (6) month period, which shall be a temporary taking, all the provisions of this Lease shall remain in full force and effect with no an abatement of rent payable by during the period Tenant hereunderis deprived of the material benefits of the Property. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease Term, whether paid by way of damages, rent or otherwise, shall be paid to Tenant; provided, however, that Landlord shall be reimbursed for all rent abated under this Section 16.5.

Appears in 1 contract

Samples: Lease (Golf Trust of America Inc)

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Temporary Taking. The taking of the any Leased Property, or any part thereof, ; by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six twenty four (624) months. During any such six twenty-four (624) month period, which shall be a temporary taking, all the provisions of this Lease shall remain in full force and effect as to such Leased Property with no abatement of rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease TermTerm hereof, whether paid by way of damages, rent Rent or otherwise, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Lithia Motors Inc)

Temporary Taking. The taking of the Leased Property, or any part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six (6) months. During any such six (6) month periodperiod or less, which shall be deemed a temporary taking, all the provisions of this Lease shall remain in full force and effect with no abatement of rent Rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease TermTerm of this Lease, whether paid by way of damagesdamage, rent or otherwise, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease ( (Presidio Golf Trust)

Temporary Taking. The taking of the Leased Property, or any ---------------- part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six (6) months. During any such six (6) month period, which shall be a temporary taking, all the provisions of this Lease shall remain in full force and effect with no abatement of rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease TermTerm of this Lease, whether paid by way of damages, rent or otherwise, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease (National Golf Properties Inc)

Temporary Taking. The taking of the any Leased Property, or any part ---------------- thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six twenty four (624) months. During any such six twenty-four (624) month period, which shall be a temporary taking, all the provisions of this Lease shall remain in full force and effect as to such Leased Property with no abatement of rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease TermTerm hereof, whether paid by way of damages, rent Rent or otherwise, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Capital Automotive Reit)

Temporary Taking. The taking Taking of the Leased Property, or any part thereof, by military or other public authority shall constitute a taking Taking by Condemnation only when the use and occupancy by the taking Taking authority has continued for longer than six (6) months. During any such six (6) six- month period, which shall be a temporary taking, period all the provisions of this Lease shall remain in full force and effect with no abatement and the Rent shall not be abated or reduced during such period of rent payable Taking; provided that to the extent any compensation is paid by Tenant hereunder. In the event Taking authority as a result of any such temporary takingTaking, the entire amount of any Lessee will retain such Award made for such temporary taking allocable to the Lease Term, whether paid by way of damages, rent or otherwise, shall be paid to Tenant.compensation. 22

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Temporary Taking. The taking of the Leased Property, or any part thereof, by military or other public authority shall constitute a taking by Condemnation only when the use and occupancy by the taking authority has continued for longer than six (6) months. During any such six (6) month or less period, which shall be deemed a temporary taking, all the provisions of this Lease shall remain in full force and effect with no abatement of rent Rent payable by Tenant hereunder. In the event of any such temporary taking, the entire amount of any such Award made for such temporary taking allocable to the Lease TermTerm of this Lease, whether paid by way of damagesdamage, rent or otherwise, shall be paid to Tenant.

Appears in 1 contract

Samples: Lease ( (Presidio Golf Trust)

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