Common use of Tenant’s Claim Clause in Contracts

Tenant’s Claim. To the extent permitted by law and subject to the rights of any lender with respect to the Premises, Tenant shall be allowed to pursue a claim against the condemning authority (hereinafter referred to as the "Tenant's Claim") that shall be independent of and wholly separate from any action, suit or proceeding relating to any award to Landlord for reimbursement of relocation expenses or for Tenant's Equipment and personal property, provided: (i) Tenant's Claim shall in no way limit, affect, alter or diminish in any kind or way whatsoever Landlord's award as a result of such taking, sale or condemnation; (ii) Tenant's Claim shall in no event include any claim for any interest in real property, it being expressly understood and agreed that all sums paid with respect to the real property interests taken, sold or condemned shall be the sole property of Landlord; and (iii) Tenant's Claim shall in no event be joined with Landlord's proceeding or argued or heard concurrently therewith and if the tribunal hearing Tenant's Claim orders such joinder, Tenant agrees to voluntarily dismiss Tenant's Claim without prejudice until such time as Landlord has received its award for such taking, sale or condemnation.

Appears in 2 contracts

Samples: Lease (Specialty Equipment Companies Inc), Eagle Test Systems, Inc.

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Tenant’s Claim. To the extent permitted by law and -------------- subject to the rights of any lender with respect to the Premises, Tenant shall be allowed to pursue a claim against the condemning authority (hereinafter referred to as the "Tenant's Claim") that shall be independent of and wholly separate from any action, suit or proceeding relating to any award to Landlord for reimbursement of relocation expenses or for Tenant's Equipment and personal property, provided: (i) Tenant's Claim shall in no way limit, affect, alter or diminish in any kind or way whatsoever Landlord's award as a result of such taking, sale or condemnation; (ii) Tenant's Claim shall in no event include any claim for any interest in real property, it being expressly understood and agreed that all sums paid with respect to the real property interests taken, sold or condemned shall be the sole property of Landlord; and (iii) Tenant's Claim shall in no event be joined with Landlord's proceeding or argued or heard concurrently therewith and if the tribunal hearing Tenant's Claim orders such joinder, Tenant agrees to voluntarily dismiss Tenant's Claim without prejudice until such time as Landlord has received its award for such taking, sale or condemnation.condemnation.g:

Appears in 1 contract

Samples: Lease (Exodus Communications Inc)

Tenant’s Claim. To the extent permitted by law and subject to the rights of any lender with respect to the Premises, Tenant shall be allowed to pursue a claim against the condemning authority (hereinafter referred to as the "Tenant's Claim") that shall be independent of and wholly separate from any action, suit or proceeding relating to any award the Award (hereinafter referred to Landlord as the "Landlord's Proceeding") for reimbursement of relocation expenses or for the loss of any Tenant's Equipment and personal propertyEquipment; provided, providedhowever: (i) Tenant's Claim shall in no way event limit, affect, alter or diminish in any kind or way whatsoever Landlord's award the Award to Landlord as a result of such taking, sale or condemnation; (ii) Tenant's Claim shall in no event include any claim for any interest in real property, it being expressly understood and agreed that all the entire Award and other sums paid with respect to the real property interests taken, sold or condemned shall be the sole property of LandlordLandlord pursuant to this Article XIII; and (iii) Tenant's Claim shall in no event be joined with Landlord's proceeding Proceeding or argued or heard concurrently therewith and if the tribunal hearing Tenant's Claim orders such joinder, Tenant agrees to voluntarily dismiss Tenant's Claim without prejudice until such time as Landlord has received its award the Award for such taking, sale or condemnation.

Appears in 1 contract

Samples: Stericycle Inc

Tenant’s Claim. To the extent permitted by law and subject to the rights of any lender with respect to the Premises, Tenant shall be allowed to pursue a claim against the condemning authority (hereinafter referred to as the "Tenant's ’s Claim") that shall be independent of and wholly separate from any arty action, suit or proceeding relating to any award to Landlord for reimbursement of relocation expenses expenses, or for Tenant's ’s Equipment and personal property, provided: (i) Tenant's ’s Claim shall in no way limit, affect, alter or diminish in any kind or way whatsoever Landlord's ’s award as a result of such taking, sale or condemnation; (ii) Tenant's ’s Claim shall in no event include any claim for any interest in real property, it being expressly understood and agreed that all sums paid with respect to the real property interests taken, sold or condemned shall be the sole property of Landlord; and (iii) Tenant's ’s Claim shall in no event be joined with Landlord's ’s proceeding or argued or heard concurrently therewith and if the tribunal hearing Tenant's ’s Claim orders such joinder, Tenant agrees to voluntarily dismiss or stay Tenant's ’s Claim without prejudice until such time as Landlord has received its award for such taking, sale or condemnation. Tenant may also pursue a claim against the condemning authority for the unamortized value of non-removable leasehold improvements installed by Tenant at Tenant’s sole cost and expense so long as the balance of the award is sufficient to satisfy the sums secured by any Mortgage.

Appears in 1 contract

Samples: Industrial Building Lease (Factory Card & Party Outlet Corp)

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Tenant’s Claim. To the extent permitted by law and -------------- subject to the rights of any lender with respect to the Premises, Tenant shall be allowed to pursue a claim against the condemning authority (hereinafter referred to as the "Tenant's Claim") that shall be independent of and wholly separate from any action, suit or proceeding relating to any award the Award (hereinafter referred to Landlord as the "Landlord's Proceeding") for reimbursement of relocation expenses or for the loss of any Tenant's Equipment and personal propertyEquipment; provided, providedhowever: (i) Tenant's Claim shall in no way event limit, affect, alter or diminish in any kind or way whatsoever Landlord's award the Award to Landlord as a result of such taking, sale or condemnation; (ii) Tenant's Claim shall in no event include any claim for any interest in real property, it being expressly understood and agreed that all the entire Award and other sums paid with respect to the real property interests taken, sold or condemned shall be the sole property of LandlordLandlord pursuant to this Article XIII; and (iii) Tenant's Claim shall in no event be joined with Landlord's proceeding Proceeding or argued or heard concurrently therewith and if the tribunal hearing Tenant's Claim orders such joinder, Tenant agrees to voluntarily dismiss Tenant's Claim without prejudice until if such dismissal does not preclude Tenant from bringing Tenant's Claim after such time as Landlord has received its award the Award for such taking, sale or condemnation.

Appears in 1 contract

Samples: Lease (Styrochem International Inc)

Tenant’s Claim. To the extent permitted by law and subject to the rights of any lender with respect to the Premises, Tenant shall be allowed to pursue a claim against the condemning authority (hereinafter referred to as the "Tenant's Claim") that shall be independent of and wholly separate from any action, suit or proceeding relating to any award to Landlord for reimbursement of relocation expenses expenses, or for Tenant's Equipment and personal property, provided: (i) Tenant's Claim shall in no way limit, affect, alter or diminish in any kind or way whatsoever Landlord's award as a result of such taking, sale or condemnation; (ii) Tenant's Claim shall in no event include any claim for any interest in real property, it being expressly understood and agreed that all sums paid with respect to the real property interests taken, sold or condemned shall be the sole property of Landlord; and (iii) Tenant's Claim shall in no event be joined with Landlord's proceeding or argued or heard concurrently therewith and if the tribunal hearing Tenant's Claim orders such joinder, Tenant agrees to voluntarily dismiss or stay Tenant's Claim without prejudice until such time as Landlord has received its award for such taking, sale or condemnation. Tenant may also pursue a claim against the condemning authority for the unamortized value of non-removable leasehold improvements installed by Tenant at Tenant's sole cost and expense so long as the balance of the award is sufficient to satisfy the sums secured by any Mortgage.

Appears in 1 contract

Samples: Factory Card Outlet Corp

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