Termination clause

    1. "If there exists a prior agreement between a landlord and tenant as to allocation of condemnation proceeds, that agreement governs the disposition of those proceeds." Musser v. Bank of America, 114 Nev. 946, 949, 964 P.2d 51 (1998).

   2.  "A termination clause in a lease without accompanying language regarding how any compensation award is to be allocated, is sufficient to bar a lessee's claim to aprt of the award." Id.

    3. "These cases do, in fact, stand for the proposition that an automatic termination clause forecloses a lessee's right to a portion of a just compensation award. They are distinguishable from the instant case, however, in that while the present leases contain a clause to the effect that the leases will terminate upon total condemnation, they also include language dictating how any compensation award should be allocated between the Owners and Lessees in such an event." Id. at 948.

    4. "Some cases, however, have looked unfavorably on clauses causing the forfeiture of the lessee's entire interest on condemnation and, where possible, have construed such provisions to avoid this harsh result." Id., n. 2.

    5. "(C)ontracts should be construed so as to avoid rendering portions of them superfluous." Id. at 950.

    6. "Whether the Lessees are entitled to some remedy under NRS 342 [a comprehensive statutory scheme for compensating businesses displaced by a condemnation] is irrelevant since Chapter 342 is not an exclusive remedy. Here, the parties have provided for allocation of condemnation proceeds." Id.

    7. Springer dissenting: "The question in this appeal is why parties who first agree that the lease should be ended upon any taking of the whole of the premises would also include a later provision for apportionment of condemnation damages for either 'a taking of the whole of the premises or part of the premises.'" Id. at 951.