COMPENSATION FOR TAKING Clause Samples

The compensation-for-taking clause establishes the obligation for a party, typically a government or authority, to provide payment to another party when property is taken for public use. In practice, this clause ensures that if private property is expropriated, seized, or otherwise appropriated, the owner receives fair compensation, often determined by market value or through negotiation. Its core function is to protect property owners from uncompensated loss, ensuring fairness and mitigating disputes over government takings.
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COMPENSATION FOR TAKING. All compensation awarded for any taking (or the proceeds of private sale in lieu thereof), whether for the whole or a part of the Demised Premises, shall be the property of Landlord (whether such award is compensation for damages to Landlord’s or Tenant’s interest in the Demised Premises), and Tenant hereby assigns all of its interest in any such award to Landlord; provided, however, Landlord shall have no interest in any award made to Tenant for loss of business or for the taking of Tenant’s fixtures and other property within the Demised Premises if a separate award for such items is made to Tenant.
COMPENSATION FOR TAKING. In the event the Premises or portion thereof is taken in condemnation proceedings or conveyed by Lessor to the State of California, or to any other public body, no part of the awarded compensation or purchase price for said Premises or a portion thereof shall be made to Lessee; the award in its entirety, shall be made to Lessor without deduction.
COMPENSATION FOR TAKING. The compensation paid for any taking of Conserved Water otherwise to be Made Available to CVWD pursuant to this Agreement (the “subject Conserved Water”) shall be separately assessed under Code of Civil Procedure Section 1260.220(a) according to each Party's interest as follows: (1) CVWD shall be entitled to: (i) Any compensation paid for the amount attributable to the market value of the subject Conserved Water for the period from the date of the taking to the earlier of the date of the end of the taking or the term of this Agreement in excess of (x) the present value at the date of the taking of the amounts that CVWD would otherwise be obligated to pay to IID for the subject Conserved Water under this Agreement and (y) the market value, if any, attributed to MWD's unexercised Right of First Refusal and Secondary Option under the IID/MWD Acquisition Agreement with respect to the subject Conserved Water to the extent compensation is allowable therefor under applicable law. (ii) Any compensation paid for severance damage to CVWD attributable to the taking of the subject Conserved Water; and (iii) Any compensation paid for loss of goodwill to CVWD attributable to the taking of the subject Conserved Water. (2) IID shall be entitled to all other compensation paid, including but not (i) Any compensation paid for the present value at the date of the taking of the amounts that CVWD would otherwise be obligated to pay to IID for the subject Conserved Water under this Agreement; (ii) Any compensation paid for severance damage to IID attributable to the taking of the subject Conserved Water; and (iii) Any compensation paid for the loss of goodwill to IID attributable to the taking of the subject Conserved Water. (3) Nothing in this Article 13 shall affect the right of either Party to relocation assistance benefits. (4) Nothing in this Article 13 shall affect the rights or claims of either Party with respect to a taking of some or all of its water rights, including Colorado River water rights.
COMPENSATION FOR TAKING. In the event the Premises, or any part thereof, shall be taken or condemned either permanently or temporarily for any public or quasi-public use or purpose by competent authority in appropriation proceedings or by any right of eminent domain, the entire compensation award therefor, including, but not limited to, all damages as compensation for diminution in value of the leasehold, reversion or fee, shall belong to Landlord without any deductions therefrom for any present or future estate of Tenant, and Tenant hereby assigns Landlord all its rights, title and interest to any such award. Although all damages in the event of any condemnation are to belong to Landlord, whether such damages are awarded as compensation for diminution in value of the leasehold, reversion or fee of the Premises, Tenant shall, in the event this Lease is terminated by reason thereof, have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right on account of any and all damage to Tenant's business by reason of the condemnation and for or on account of any cost or loss which Tenant might incur in removing Tenant's furniture, fixtures, leasehold improvements and equipment.

Related to COMPENSATION FOR TAKING

  • Compensation of Executive (a) The Corporation shall pay the Executive as compensation for his services hereunder, in equal semi-monthly or bi-weekly installments during the Term, the sum of $350,000 per annum (as in effect from time to time, the “Base Salary”), less such deductions as shall be required to be withheld by applicable law and regulations. The Corporation shall review the Base Salary on an annual basis and has the right but not the obligation to increase it, but has no right to decrease the Base Salary. (b) In addition to the Base Salary set forth in Section 4(a) above, the Executive shall be entitled to receive an annual cash bonus (“Annual Bonus”) in an amount up to $100,000 if the Corporation meets or exceeds criteria adopted by the Compensation Committee of the Board (the “Compensation Committee”) for earning Bonuses, which criteria shall be adopted by the Compensation Committee annually after consultation with the Executive and which criteria must be reasonably likely to be attainable. Annual Bonuses shall be paid by the Corporation to the Executive promptly after the year end, it being understood that the Compensation Committee’s determinations concerning attainment of any financial targets associated with any bonus determination shall not be determined until following the completion of the Corporation’s annual audit, if any, but in no event later than April 15th of the year following the year for which it is being paid (and if the Executive was employed as of last day of the calendar year to which such Annual Bonus relates, then the Executive shall be entitled to the Annual Bonus for such year, even if he is not employed by the Corporation on the date the Annual Bonus is paid for such last year). The Compensation Committee may provide for lesser or greater percentage Annual Bonus payments for Executive upon achievement of partial or additional criteria established or determined by the Compensation Committee from time to time. For the avoidance of doubt, if Executive is employed upon expiration of the term of this Agreement, he shall be entitled to the Annual Bonus for such last year on a pro-rata basis through the last date of employment, even if he is not employed by the Corporation on the date the Annual Bonus is paid for such last year. In his sole discretion, the Executive may elect to receive such annual bonus in common stock of the Corporation at the basis determined by the Compensation Committee in good faith. (c) The Corporation shall pay or reimburse the Executive for all reasonable out-of-pocket expenses actually incurred or paid by the Executive in the course of his employment, consistent with the Corporation’s policy for reimbursement of expenses from time to time. (d) The Executive shall be entitled to participate in such pension, profit sharing, group insurance, hospitalization, and group health and benefit plans and all other benefits and plans, including perquisites, if any, as the Corporation provides to its senior executives, including group family health insurance coverage, which shall be paid by the Corporation (the “Benefit Plans”). If at any time during the Term, the Corporation does not provide its senior executives with health insurance (including hospitalization) under a Benefit Plan, Executive shall be entitled to secure such health insurance for himself and his immediate family (i.e., spouse and natural born children) and the Corporation shall reimburse Executive for the cost of such insurance promptly after payment by the Executive for such insurance. For the avoidance of doubt, Executive shall be entitled to secure health insurance from high quality companies such as Blue Cross/Blue Shield, United, or Emblem, and the ability to select a no or low deductible plan. If Executive secures such health insurance, such health insurance shall be deemed to be a Benefit Plan hereunder. (e) The Corporation shall execute and deliver in favor of the Executive an indemnification agreement on the same terms and conditions entered into with the other officers and directors of the Corporation. Such agreement shall provide for the indemnification of the Executive for the term of his employment and for a period of at least six (6) years thereafter. The Corporation shall maintain directors’ and officers’ insurance during the Term and for a period of at least six (6) years thereafter. (f) The Corporation shall also maintain (or hire, if applicable) a New York City based executive assistant to assist the Executive with his duties.

  • Compensation for Overtime Assigned overtime is designated as those hours over the regular hours of work which are requested of the employee by management. Assigned overtime worked shall be paid at the rate of time and one-half (1 1/2).

  • Termination Compensation Termination Compensation equal to two (2) times the Executive's Base Period Income shall be paid to the Executive in a single sum payment in cash on the thirtieth (30th) business day after the later of (a) the Control Change Date and (b) the date of the Executive's employment termination; provided that if at the time of the Executive's termination of employment the Executive is a Specified Employee, then payment of the Termination Compensation to the Executive shall be made on the first day of the seventh (7th) month following the Executive's employment termination.

  • Full Compensation Subrecipient agrees to accept the specified compensation as set forth in this Contract as full remuneration for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Subrecipient of all its duties and obligations hereunder.

  • PROFESSIONAL COMPENSATION A. The basic salaries of employees covered by this Agreement are set forth in Schedule A which is attached to and incorporated in this Agreement. Teachers shall have the option of receiving their salary in 21 or 26 equal increments and shall elect their option by July 1 for salary disbursements in the succeeding year. The Board agrees to adhere to the salaries set forth in Schedules A, B, & C (except as provided in section D below) and any deviation shall be immediately adjusted upon being brought to the attention of the Board. B. An Employee shall be placed on the salary schedule step which gives credit for educational preparation and the number of full years of experience as allowed by this paragraph for placement on the salary schedule. All experience credited shall be added together, except as noted below. 1. Experience credit shall be awarded for K-12 teaching experience in either public or non-public schools governed by the provisions of a state teacher certification code. To be credited on the salary schedule for experience, the teacher shall have been a certified teacher during the time of their teaching employment. Experience credit shall not be awarded for practice (student) teaching, day-to- day substitute teaching, private nursery school (day care) teaching, intern teaching (other than in Brighton schools), or graduate assistant or fellowship teaching at colleges or universities whether or not the teacher was certified, or other similar experience. New hire experienced employees may be placed on the salary schedule step of the Board of Education's choosing; however, they shall not be placed on a step that exceeds their total experience. Less than full-time employees shall be notified that they have no rights to a full- time position. Teachers recalled from layoff who have gained additional teaching experience in accordance with the provision contained herein (B.1) shall receive salary increment steps provided they agree in writing to have their yearly salary reduced by the gross dollar amount they received in unemployment compensation while laid off. 2. To the extent allowed by law, employees hired previously shall advance to the next step on the salary schedule on the first day of each school year. To the extent allowed by law, employees newly hired will advance according to the following: a. Employees hired before November 1 shall advance to the next step, and subsequent steps, on the first day of the next school year. b. Employees hired after October 31 and before April 1 shall advance to the next step at the beginning of the second semester of the following school year (paid at a rate halfway between the two steps) and subsequent years (unless hired from a similar position in another educational institution and then they shall advance on the first day of the next school year). c. Employees hired after March 31 shall remain on the same pay step for the next school year only and shall advance to the next pay step and subsequent steps on the first day of the following year unless hired from a similar position in another educational institution and then they shall advance on the first day of the next school year). 3. Shared and/or abbreviated teaching schedules (see Article 11.C) may at times be beneficial both to the Board and the individual employee. Employees placed on abbreviated schedules shall receive one full year experience step. 4. To the extent allowed by law, an employee advancing from one salary track to another will be placed on the advanced salary track as follows (retroactive if new level is completed prior to start of the semester and verification is submitted by the required date): Beginning of the year – Proof is submitted by November 1 First day second semester – Proof is submitted by March 1 5. Criteria for MA+30: a. No duplication of classes previously taken. b. Course must be: 1) related to current or future teaching assignments 2) minor or major program 3) transcript from an accredited university c. Does not have to be a graduate level course. (It is the intent to have teachers show some relevance to current teaching assignments or potential future teacher assignment.) d. It is recommended that MA+30 program classes be discussed with the Assistant Superintendent for Human Resources. e. Credits for MA+30 must be earned after the BA/BS. C. The salary schedule is based upon the regular school year calendar as set forth in Schedule A and the normal teaching assignment as defined in the Agreement. Any teacher who accepts an additional class for the school year over and above the normal teaching load shall receive a prorated increase (e.g. - 1/5 for a five-hour teaching day or 1/6 for a six-hour teaching day) in their annual base teaching salary or fraction thereof. There shall be a prorating of additional salary for additional class assignments when such additional assignments are fulfilled on a regular basis for less than a full year. D. Employees appointed to extra duty assignments set forth in Schedule B which are attached to and incorporated in this Agreement, shall be compensated in accordance with the provisions of this Agreement without deviation. In the event no qualified bargaining unit member applies for a Schedule B assignment and the board hires a non- bargaining unit applicant, the level of compensation may be equal to or less than the salary established in Schedule B. E. Schedule C positions are those teaching assignments that involve work responsibilities beyond contract time and are not optional. Additional compensation for such work shall be paid in accordance with Schedule C. F. Current and active job descriptions for Schedule B and Schedule C positions will be on file with both the Association and the Administration. These job descriptions will also be accessible on their respective websites. G. Employees required in the course of their work to drive personal automobiles from one school building to another shall receive a reimbursement equal to the current IRS approved mileage rate. The same reimbursement shall be given for use of personal cars for approved field trips or other approved business of the district. Appropriate requests for payment of mileage and other expenses shall be turned in to the principal/director on a monthly basis, but at least once each marking period. ▇. Any employee resigning before the completion of the school year has the professional and legal obligation to reimburse the Board for all over-paid monies. I. Longevity – Employees having the following years of experience employed with Brighton Area Schools shall receive longevity payments in annual amounts as set forth below. By July 1, employees will elect whether to receive their longevity in their first October paycheck or their TSA (October). If the payroll department is not contacted by July 1, the employee’s longevity stipend will be paid out into their first October paycheck. J. Tuition reimbursement/PD/Conference cost reimbursement for required courses (to maintain certification) will be $85,000 annual pool, to be paid out in accordance with the conditions outlined in the tuition reimbursement form included in Appendix A. After all required course reimbursements are paid out, reimbursements for administratively approved professional development (e.g., flex PD, conferences, etc.) may be submitted and will be paid out in the order they were received, until the annual pool is exhausted. Only conference registration fees will be reimbursed.