The Award. All compensation awarded for any taking, whether for the whole or a portion of the Leased Premises, shall be the sole property of the Landlord whether such compensation shall be awarded for diminution in the value of, or loss of, the leasehold or for diminution in the value of, or loss of, the fee in the Leased Premises, or otherwise. The Tenant hereby assigns to Landlord all of Tenant's right and title to and interest in any and all such compensation. However, the Landlord shall not be entitled to and Tenant shall have the sole right to make its independent claim for and retain any portion of any award made by the appropriating authority directly to Tenant for loss of business, or damage to or depreciation of, and cost of removal of fixtures, personalty and improvements installed in the Leased Premises by, or at the expense of Tenant, and to any other award made by the appropriating authority directly to Tenant.
The Award. 10.1 The Arbitrator shall render his or her decision and award (collectively the "Award") based solely on the evidence and authorities presented, the applicable policies of the Employer, any applicable written employment agreement, the applicable law argued by the parties, and these Provisions as interpreted by the Arbitrator.
The Award. The Arbitration Board shall include in its award an order as to the payment of the costs of the proceedings and reasonable counsel fees (including all applicable taxes under the relevant tax legislation), and, subject to the discretion of the Arbitration Board, costs will follow success unless, in the opinion of the Arbitration Board, there is a compelling reason to depart from such result. Any Party ordered to pay costs may avail itself of any procedure for the taxing of costs, provided, however, that the Parties specifically agreed that the officer taxing such costs need not be bound by any statutory scale of costs. The Arbitration Board will make its decision in writing and, unless the Parties otherwise agree, the Arbitration Board's reasons will be set out in the award. The Arbitration Board will send such award to the Parties as soon as practicable after the conclusion of the proceedings. The award shall be final and binding on the Parties and shall not be subject to any appeal or review procedure whatsoever, provided that the Arbitration Board followed the Rules in good faith. The Arbitration Board shall reconsider its findings once at the request and expense of a Party, but in such event shall limit the Parties to a single memorandum stating any relevant new evidence, points and authorities, unless doing so would be manifestly unjust.
The Award a. The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by law, no later than 30 days from the date of closing of the hearing or, if oral hearings have been waived, from the date of the AAA's transmittal of the final statements and proofs to the arbitrator. Three additional days are provided if briefs are to be filed or other documents are to be transmitted pursuant to Rule 30.
The Award. As of the Award Date set forth above, Best Buy Co., Inc. (“Best Buy”) grants to you, Wm. Christopher Gorog, (i) the right to earn a performance-based award having a target value of $2,925,000 (the “Performance Award”), and (ii) [[__________]] restricted shares of Best Buy common stock (the “Restricted Shares”), on the terms and subject to the conditions contained in this Award Agreement (this “Agreement”) and the Best Buy Co., Inc. 2004 Omnibus Stock and Incentive Plan, as amended (the “Plan”). This Agreement is the Special Incentive Award contemplated by Section 5.3 of that Employment Agreement by and between Napster, Inc. (“Napster”) and Wm. Christopher Gorog, dated as of September [__], 2008, and Schedule 5.3 thereto. Capitalized terms not defined in the body of this Agreement are defined in the Addendum to this Agreement.
The Award. Subject to the provisions of this Agreement and to the provisions of the Plan, the Participant hereby agrees to purchase, and the Company hereby agrees to sell to the Participant, on the Date of Grant, ______shares of Common Stock (the “Restricted Stock”), at a per share purchase price of $0.01 per share, which is the par value of one share of Common Stock (the “Award”). The Award is subject to the transfer and forfeiture restrictions described herein and in the Plan and shall vest and become nonforfeitable in accordance with Section 2 hereof.
The Award. In the event of any such acquisition or condemnation of all or any part of the Building and/or Land, Landlord shall be entitled to receive the entire award for any such acquisition or condemnation. Tenant shall have no claim against Landlord or the condemning authority for the value of any unexpired portion of the Term and Tenant hereby expressly assigns to Landlord all of its right, title and interest in and to any such award, and also agrees to execute any and all further documents that may be required in order to facilitate the collection thereof by Landlord. Nothing contained in this Section shall be deemed to prevent Tenant from making a separate claim in any condemnation proceedings for any moving expenses and for the value of any Tenant's Property and Tenant's Alterations (in excess of Landlord's contribution thereto, if any).
The Award. The arbitral award may grant any relief available under the applicable law, including, without limitation, specific performance. The arbitral award shall state the reasons for the award and relief granted, shall be final and binding on the parties to the arbitration, and may include an award of costs, including reasonable attorneys' fees and disbursements.