Common use of EMINENT DOMAIN AND PUBLIC USE Clause in Contracts

EMINENT DOMAIN AND PUBLIC USE. 37.1 In the event that the Plaza, including the Licensed Premises or any part thereof is required for a public use or condemned for a public use, whether by DOT or any other agency of government, Licensee waives any and all claims to an award for its License or other damage by reason of such requirement or condemnation, including but not limited to awards for fixtures and moving expenses. Notwithstanding the foregoing, DOT may, in its sole discretion, and upon Licensee’s request, use reasonable efforts to provide Licensee with a new location if relocation is feasible, or, alternatively, the License term may be tolled for the period of time during which the public work being performed causes an interruption to Licensee’s business. In such case, the License term shall begin to run again as soon as the public work is completed and Licensee is able to resume its business.

EMINENT DOMAIN AND PUBLIC USE. 37.1 In the event that the Plaza, including the Licensed Premises or any part thereof is required for a public use or condemned for a public use, whether by DOT or any other agency of government, Licensee waives any and all claims to an award for its License or other damage by reason of such requirement or condemnation, including but not limited to awards for fixtures and moving expenses. Notwithstanding the foregoing, DOT , may, in its sole discretion, and upon Licensee’s request, use reasonable efforts to provide Licensee with a new location if relocation is feasible, or, alternatively, the License term may be tolled for the period of time during which the public work being performed causes an interruption to Licensee’s business. In such case, the License term shall begin to run again as soon as the public work is completed and Licensee is able to resume its business.