Common use of EMINENT DOMAIN/CONDEMNATION Clause in Contracts

EMINENT DOMAIN/CONDEMNATION. 7.1 - The Lessor shall notify the Lessee within ten (10) days of the commencement of eminent domain/condemnation proceedings against the Leased premises described in paragraphs 2.1 and 2.2 by a public agency authorized by law to condemn property. The Lessor shall timely notify the Lessee of the Lessor's intent to contest eminent domain/condemnation proceedings. The Lessor shall notify the Lessee within ten (10) days of acquisition by eminent domain/condemnation of the Leased premises described in paragraphs 2.1 and 2.2 by a public agency. 7.2 - If a total taking of the Leased premises by any public authority under the power of eminent domain/condemnation occurs, then the term of this Lease shall cease as of the day of possession and the rent shall be paid up to that day with a proportionate refund by the Lessor of such rent as may have been paid in advance for a period subsequent to the date of the taking. This covenant is cross referenced in Article XI. 7.3 - If a partial taking of the Leased premises by any public authority under eminent domain/condemnation occurs, the Lessee shall have the right either to terminate this Lease and declare same null and void, or, subject to the Lessor's right of termination as set forth below, to continue in possession of the remainder of the Leased premises, and shall notify the Lessor in writing within ten (10) days after such taking of the Lessee's intention. In the event the Lessee elects to remain in possession, all of the terms herein provided shall continue in effect, except that the fixed annual rental shall be reduced in proportion to the amount of the Leased premises taken and the Lessor shall, at its own cost and expense, make all the necessary repairs or alterations to the building, as originally installed by the Lessor, so as to constitute the remaining Leased premises a complete architectural unit.

EMINENT DOMAIN/CONDEMNATION. 7.1 - The Lessor 10.1 If the entire demised premises shall notify be permanently taken under the Lessee within ten (10) days exercise of the commencement power of eminent domain/condemnation proceedings against domain by any competent governmental authority, or sold under the Leased premises described in paragraphs 2.1 and 2.2 by a public agency authorized by law to condemn property. The Lessor shall timely notify the Lessee threat of the Lessor's intent to contest eminent domain/condemnation proceedings. The Lessor exercise of said power (all of which are herein called condemnation), this Lease shall notify the Lessee within ten (10) days of acquisition by eminent domain/condemnation terminate as of the Leased premises described in paragraphs 2.1 and 2.2 by a public agencydate the condemning authority takes title or possession, whichever first occurs. 7.2 - 10.2 If a total taking less than the entire demised premises shall be permanently taken under the exercise of the Leased premises by any public authority under the power of eminent domain/condemnation occurs, then LANDLORD, at its expense, shall restore the term remaining portion of the demised premises to the extent necessary to render it a complete architectural unit suitable for the purposes herein leased, and this Lease shall cease remain in full force and effect as to the remaining portion of the day of possession and premises, except that the rent shall be paid up to reduced in the proportion that day with a proportionate refund by the Lessor area of such rent as may have been paid in advance for a period subsequent the demised premises taken bears to the date total area of the taking. This covenant is cross referenced in Article XIdemised premises. 7.3 - If a partial taking 10.3 Notwithstanding the foregoing, in the event more than thirty (30%) percent of the Leased demised premises by any public authority under eminent domain/condemnation occursis permanently taken, the Lessee TENANT shall have the right either option to terminate this Lease on thirty (30) days prior written notice to LANDLORD, and declare same null rent shall be apportioned and void, or, subject to the Lessor's right of termination paid by TENANT as set forth below, to continue in possession of the remainder date of the Leased premises, and shall notify the Lessor in writing within ten (10) days after such taking of the Lessee's intention. termination. 10.4 In the event the Lessee elects of any taking, whether total or partial, permanent or temporary, TENANT shall have no claim in or to remain in possession, any award of damages for such taking. TENANT hereby expressly assigns any and all of its right, title, and interest in and to such award or any part thereof, to LANDLORD. 10.5 TENANT may prosecute a separate action or proceeding for the terms herein value of its improvements, fixtures, relocation expenses, loss of good will or any other value lost as a result of such taking, provided shall continue same in effectno way reduces LANDLORD'S award, except that the fixed annual rental shall be reduced in proportion to the amount of the Leased premises taken and the Lessor shall, at or impairs or impedes LANDLORD'S proceeding regarding its own cost and expense, make all the necessary repairs or alterations to the building, as originally installed by the Lessor, so as to constitute the remaining Leased premises a complete architectural unitaward.

EMINENT DOMAIN/CONDEMNATION. 7.1 - The Lessor shall notify the Lessee within ten (10) days of the commencement of eminent domain/condemnation proceedings against the Leased premises described in paragraphs 2.1 and 2.2 by a public agency authorized by law to condemn property. The Lessor shall timely notify the Lessee of the Lessor's intent to contest eminent domain/condemnation proceedings. The Lessor shall notify the Lessee within ten (10) days of acquisition by eminent domain/condemnation of the Leased premises described in paragraphs 2.1 and 2.2 by a public agency. 7.2 - If a total taking of the Leased premises by any public authority under the power of eminent domain/condemnation occurs, then the term of this Lease shall cease as of the day of possession and the rent shall be paid up to that day with a proportionate refund by the Lessor of such rent as may have been paid in advance for a period subsequent to the date of the taking. This covenant is cross referenced in Article XI. 7.3 - If a partial taking of the Leased premises by any public authority under eminent domain/condemnation occurs, the Lessee shall have the right either to terminate this Lease and declare same null and void, or, subject to the Lessor's right of termination as set forth below, to continue in possession of the remainder of the Leased premises, and shall notify the Lessor in writing within ten (10) days after such taking of the Lessee's intention. In the event the Lessee elects to remain in possession, all of the terms herein provided shall continue in effect, except that the fixed annual rental shall be reduced in proportion to the amount of the Leased premises taken and the Lessor shall, at its own cost and expense, make all the necessary repairs or alterations to the building, as originally installed by the Lessor, so as to constitute the remaining Leased premises a complete architectural unit. 7.4 If more than fifty (50%) percent of the Leased premises are taken under the power of eminent domain/condemnation, the Lessor may, by written notice to the Lessee delivered on or before the date of surrendering possession to the public authority, terminate this Lease. 7.5 All damages awarded for either a total or partial taking under the power of eminent domain/condemnation, of the Leased premises, including fee title, described in paragraphs 2.1 and 2.2 shall belong to and be the property of the Lessor, except damages awarded as compensation for diminution in value to the leasehold interest which shall belong to and be the property of the Lessee. The Lessee shall be entitled to all damages and costs flowing from its loss of the leasehold interest including, but not limited to, loss of the value of the remaining terms of the Lease, the economic value of the Lease, depreciation and cost of removal of the Lessee's supplies and fixtures, and relocation cost.

EMINENT DOMAIN/CONDEMNATION. 7.1 - The Lessor shall notify 19.1 If the Lessee within ten (10) days of the commencement of eminent domain/condemnation proceedings against the Leased premises described in paragraphs 2.1 and 2.2 by a public agency authorized by law to condemn property. The Lessor shall timely notify the Lessee of the Lessor's intent to contest eminent domain/condemnation proceedings. The Lessor shall notify the Lessee within ten (10) days of acquisition by eminent domain/condemnation of the Leased premises described in paragraphs 2.1 and 2.2 by a public agency. 7.2 - If a total taking of the Leased premises by Premises or any public authority portion thereof are taken under the power of eminent domain/condemnation occurs, then or sold under the term threat of the exercise of said power (all of which are therein are called "condemnation"), this Lease shall cease terminate as to the part so taken as of the day date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of possession the floor area of the building or the Premises, or more than twenty-five percent (25%) of the land area of the Project which is not occupied by any building, is taken by condemnation, Lessee may at Lessee's option, to be exercised in writing only within thirty (30) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate the Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be paid up reduced in the proportion that the floor area of the Building or Premises taken bears to the total floor area of the Building or Premises, as the case may be. No reduction of rent shall occur if the only area taken is that day with which does not have a proportionate refund by building located thereon, provided however, that the Lessor taking of such rent as may have been paid in advance area does not interfere with Lessee's conduct of business on the Premises. Any reward for a period subsequent to the date taking of all or any part of the taking. This covenant is cross referenced Premises or Project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution in Article XI. 7.3 - If a partial value of the leasehold or for the taking of the Leased premises by any public authority under eminent domain/condemnation occursfee, the or as severance damages; provided, however, that Lessee shall have the right either be entitled to terminate this Lease and declare same null and voidany award for loss of business, ordamage to Lessee's trade fixtures, subject to the LessorLessee's right of termination as set forth belowremovable personal property, to continue in possession of the remainder of the Leased premisesdepreciation to, and shall notify the Lessor in writing within ten (10) days after such taking cost of the Lessee's intentionremoval of stock and fixtures. In the event the Lessee elects to remain in possessionthat this Lease is not terminated by reason of such condemnation, all of the terms herein provided Lessor shall continue in effect, except that the fixed annual rental shall be reduced in proportion to the amount extent of the Leased premises taken and the severance damages received by Lessor shallin connection with such condemnation, at its own cost and expense, make all the necessary repairs or alterations repair any damage to the building, as originally installed Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefore by the Lessor, so as condemning authority. Lessee shall pay any amount in excess of such severance damages required to constitute complete such repair. 19.2 Lessor and Lessee agree to execute and deliver to the remaining Leased premises a complete architectural unitother all instruments that may be required to effectuate the provision of this Section 19.

EMINENT DOMAIN/CONDEMNATION. 7.1 - The Lessor In the event that the premises or any part thereof, or the whole or any part of the Building shall notify be taken or appropriated by eminent domain or shall be condemned for any public or quasi-public use, or (by virtue of any such taking, appropriation or condemnation) shall suffer any damage (direct or indirect or consequential) for which Landlord or Tenant shall be entitled to compensation, then (and in any such event) this lease and the Lessee term hereof may be terminated at the election of Landlord by a notice in writing of its election so to terminate which shall be given by Landlord to Tenant within ten sixty (1060) days following the date on which Landlord shall have received official notice of such taking, appropriation or condemnation. In the event that a substantial part of the commencement premises or of eminent domain/condemnation proceedings against the Leased premises described means of access thereto shall be so taken, appropriated or condemned, then (and in paragraphs 2.1 any such event) this lease and 2.2 the term hereof may be terminated at the election of Tenant by a public agency authorized notice in writing of its election so to terminate which shall be given by law Tenant to condemn property. The Lessor shall timely notify the Lessee of the Lessor's intent to contest eminent domain/condemnation proceedings. The Lessor shall notify the Lessee Landlord within ten sixty (1060) days following the date on which Tenant shall have received official notice of acquisition such taking, appropriation or condemnation. Upon the giving of any such notice of termination (either by eminent domain/condemnation of the Leased premises described in paragraphs 2.1 Landlord or Tenant) this lease and 2.2 by a public agency. 7.2 - If a total taking of the Leased premises by any public authority under the power of eminent domain/condemnation occurs, then the term of this Lease hereof shall cease terminate on or retroactively as of the day date on which Tenant shall be required to vacate any part of possession the premises or shall be deprived of a substantial part of the means of access thereto, provided, however, that Landlord may in Landlord's notice elect to terminate this lease and the term hereof retroactively as of the date on which such taking, appropriation or condemnation become legally effective. In the event of any such termination, this lease and the term hereof shall expire as of such effective termination date and the yearly rent shall be paid up to that day with a proportionate refund by the Lessor apportioned of such rent date. If neither party (having the right to do so) elects to terminate, Landlord will, with reasonable diligence and at Landlord's expense, restore the remainder of the premises, or the remainder of the means of access, as nearly as practicably may have been paid in advance for a period subsequent be to the date same condition as obtained prior to such taking, appropriation or condemnation, in which event the yearly rent shall be adjusted, (i) a just proportion of the yearly rent, according to the nature and extent of the taking. This covenant is cross referenced in Article XI. 7.3 - If a partial taking of , appropriation or condemnation and the Leased premises by any public authority under eminent domain/condemnation occurs, the Lessee shall have the right either to terminate this Lease and declare same null and void, or, subject resulting permanent injury to the Lessorpremises and the means of access thereto, shall be permanently abated, (including in such abatement the adjustments in the Tax Base and Tenant's right of termination Proportionate Share for Taxes as set forth belowprovided in Section XI, to continue and a just adjustment in possession Tenant's Proportionate Share for Operating Costs and in the Operating Cost Base) and (ii) a just proportion of the remainder of the Leased premisesyearly rent, according to the nature and shall notify the Lessor in writing within ten (10) days after such taking extent of the Lessee's intentiontaking, appropriation or condemnation and resultant injury sustained by the premises and the means of access thereto shall be abated until the premises and the means of access thereto shall have been restored as fully as may be for permanent use and occupation by Tenant hereunder. In Subject to the event the Lessee elects last sentence of this Section XVII, there is expressly reserved to remain in possessionLandlord all rights to compensation and damages created, all accrued or accruing by reason of the terms herein provided shall continue in effectany such taking, except appropriation or condemnation. It is expressly understood and agreed that the fixed annual rental provisions of this Section XVII shall not apply to any taking, appropriation or condemnation for governmental occupancy for a period reasonably estimated to be less than one (1) year in duration. During such period, the rent hereunder shall be reduced abated proportionately. If the period of governmental occupancy is reasonably estimated at more than one year, Tenant may elect to terminate this lease by notice to Landlord, in proportion the manner aforesaid. It is agreed that Tenant reserves all rights to moving and relocation expense claims as may be available to it from the amount of the Leased premises taken and the Lessor shall, at its own cost and expense, make all the necessary repairs condemning authority in accordance with statutes or alterations to the building, as originally installed by the Lessor, so as to constitute the remaining Leased premises a complete architectural unitregulations.

EMINENT DOMAIN/CONDEMNATION. 7.1 - The Lessor shall notify If the Lessee within ten (10) days Land and/or Building, or any portion thereof which includes a substantial part of the commencement of eminent domain/condemnation proceedings against Premises or which prevents the Leased premises described in paragraphs 2.1 and 2.2 by a public agency authorized by law to condemn property. The Lessor shall timely notify the Lessee operation of the Lessor's intent to contest eminent domain/condemnation proceedings. The Lessor Building as an integral unit in the sole judgment of Landlord, shall notify the Lessee within ten (10) days of acquisition by eminent domain/condemnation of the Leased premises described in paragraphs 2.1 and 2.2 by a public agency. 7.2 - If a total taking of the Leased premises be taken or condemned by any competent authority for any public authority under the power of eminent domain/condemnation occursuse or purpose, then the term of this Lease shall cease end upon, and not before, the date when the possession of the part so taken shall be acquired by the condemning authority for such use or purpose, and without apportionment of the condemnation award. Current Rent shall be apportioned as of the day date of possession and the rent such termination. If any condemnation proceeding shall be paid up instituted in which it is sought to that day with a proportionate refund by the Lessor of such rent as may have been paid in advance for a period subsequent to the date take or damage any part of the taking. This covenant is cross referenced in Article XI. 7.3 - If a partial taking of the Leased premises by any public authority under eminent domain/condemnation occursLand and/or Building, the Lessee Landlord shall have the right either to terminate cancel this Lease and declare same null and void, or, subject upon not less than sixty (60) days notice. No money or other consideration shall be payable by Landlord to Tenant for the Lessor's right of termination as set forth belowcancellation. Tenant shall have no right to share in the condemnation award or any judgment for damages caused by such taking or change of grade, and Tenant hereby assigns to continue Landlord all Tenant's interest, if any, in possession any such award. However, provided that the amount can be definitely ascertained in such proceedings, and be awarded separate and apart, and not in diminution of any award to Landlord, nothing hereinabove provided shall preclude Tenant from appearing, claiming, providing and receiving in the condemnation proceedings, Tenant's separate claim for Tenant's moving expenses, the value of Tenant's fixtures or equipment, or Tenant's moveable installations and improvements which do not become part of the remainder of the Leased premises, and shall notify the Lessor in writing within ten (10) days after such taking of the Lessee's intention. In the event the Lessee elects to remain in possession, all of the terms herein provided shall continue in effect, except that the fixed annual rental shall be reduced in proportion to the amount of the Leased premises taken and the Lessor shall, at its own cost and expense, make all the necessary repairs or alterations to the building, as originally installed by the Lessor, so as to constitute the remaining Leased premises a complete architectural unitBuilding.

EMINENT DOMAIN/CONDEMNATION. 7.1 - The Lessor In the event that the Premises, the Building, the Complex or any part thereof shall notify at any time after the Lessee within ten (10) days of the commencement of eminent domain/condemnation proceedings against the Leased premises described in paragraphs 2.1 and 2.2 by a public agency authorized by law to condemn property. The Lessor shall timely notify the Lessee of the Lessor's intent to contest eminent domain/condemnation proceedings. The Lessor shall notify the Lessee within ten (10) days of acquisition by eminent domain/condemnation of the Leased premises described in paragraphs 2.1 and 2.2 by a public agency. 7.2 - If a total taking of the Leased premises by any public authority under the power of eminent domain/condemnation occurs, then the term execution of this Lease be taken for public or quasi-public use or condemned under eminent domain or conveyed under threat of such a taking or condemnation, Tenant shall cease as not be entitled to claim, or have paid to the Tenant, any compensation or damages whatsoever for or on account of any loss, injury, damage, taking or conveyance of any right, interest or estate of the day of possession Tenant and the rent Tenant hereby relinquishes and hereby assigns to Landlord any rights to any such damages. Landlord shall be entitled to claim and have paid up to that day with a proportionate refund it for the use and benefit of Landlord all compensation and damages for and on account of any right, title, interest or estate of Tenant in or to said Premises, Building and Complex. Tenant upon request of Landlord will execute any and all releases, transfers or other documents as shall be required by the Lessor of such rent as may have been paid in advance for a period subsequent public or quasi-public authority to the date effect and give further evidence and assurances of the takingforegoing. This covenant is cross referenced in Article XI. 7.3 - If a partial taking of Notwithstanding the Leased premises by any public authority under eminent domain/condemnation occursabove, the Lessee Tenant shall have the right either to terminate this Lease make a claim against the condemning authority but not against Landlord on account of interruption of Tenant's business, moving and declare same null relocation expenses and voidfor depreciation to and removal of Tenant's trade fixtures, or, subject to the Lessor's right of termination as set forth below, to continue in possession of the remainder of the Leased premises, and provided that such claim shall notify the Lessor in writing within ten (10) days after such taking of the Lessee's intention. In the event the Lessee elects to remain in possession, all of the terms herein provided shall continue in effect, except that the fixed annual rental shall be reduced in proportion to not reduce the amount of the Leased premises taken and the Lessor shall, at its own cost and expense, make all the necessary repairs or alterations to the building, as originally installed such claim by the LessorLandlord. ARTICLE XVIII - MISCELLANEOUS SECTION 18.1 - ENTIRE AGREEMENT/EXHIBITS This Lease, so as to including all exhibits, riders and addenda, constitute the remaining Leased premises entire agreement between the parties; it supersedes all previous understandings and agreements between the parties, if any, and no oral or implied representation or understandings shall vary its terms; and it may not be amended except by a complete architectural unitwritten instrument executed by both parties hereto. All exhibits referred to in, and attached to, this Lease are hereby made a part of this Lease.

EMINENT DOMAIN/CONDEMNATION. 7.1 - The Lessor shall notify If the Lessee within ten (10) days of the commencement of eminent domain/condemnation proceedings against the Leased premises described in paragraphs 2.1 and 2.2 by a public agency authorized by law to condemn property. The Lessor shall timely notify the Lessee of the Lessor's intent to contest eminent domain/condemnation proceedings. The Lessor shall notify the Lessee within ten (10) days of acquisition by eminent domain/condemnation of the Leased premises described in paragraphs 2.1 and 2.2 by a public agency. 7.2 - If a total taking of the Leased premises by Premises are taken under any public authority under the or private power of eminent domain/condemnation occurs, then or sold by Landlord under the term threat of the exercise of said power, or if any portion of the Premises is so condemned so that it would not be practical for Tenant to continue to operate its business on the Premises, this Lease shall cease terminate as of the day of possession and the rent shall be paid up to that day with a proportionate refund by the Lessor of such rent as may have been paid in advance for a period subsequent to the date of the takingcondemning authority takes title or possession, whichever occurs first. This covenant is cross referenced in Article XI. 7.3 - If a partial taking more than twenty percent (20%) of the Leased premises by any public authority under eminent domain/condemnation occursPremises is so condemned, the Lessee both Landlord and Tenant shall have the right either to terminate this Lease and declare same null and voidas of the date the condemning authority takes title or possession, orwhichever occurs first, subject by giving written notice of such termination to the Lessor's right of termination as set forth below, to continue in possession of the remainder of the Leased premises, and shall notify the Lessor in writing within ten other not later than thirty (1030) days after such taking said date; provided that should neither Landlord nor Tenant elect to so terminate this Lease in a timely manner, then this Lease shall remain in full force and effect as to the portion of the Lessee's intention. In the event the Lessee elects to remain in possessionPremises not so taken, all of the terms herein provided shall continue in effect, except that the fixed annual rental Tenant’s Rent shall be reduced proportionately to reflect the reduction in proportion to the amount rentable area of the Leased premises Premises (such reduction, if any, to take effect as of the date which is thirty (30) days after the date of which the condemning authority takes title or possession, whichever first occurs), and if repairs or restorations to that portion of the Premises not taken and are deemed necessary by Landlord to render such portion reasonably suitable for the Lessor shallpurposes for which is was leased, Landlord shall perform such work at its own cost and expense. Notwithstanding any obligation to restore the Premises, make however, Landlord shall not be required to expend any amount greater than the amount actually received by Landlord as compensation for the portion of the Premises taken by the condemning authority. All awards for any taking of any part of the Premises or any payment made under the threat of the exercise of power of eminent domain shall be the property of Landlord, whether made as compensation for diminution of value of the leasehold or for the taking of the fee or as severance damages. No award for any partial or entire taking shall be apportioned, and Tenant hereby assigns to Landlord any award which may be made in such taking or condemnation, together with any and all the necessary repairs rights of Tenant now or alterations hereafter arising in or to the buildingsame or any part thereof, except that any award or other compensation made for any taking is subject to the rights of the first mortgagee up to the amount of its lien and of any junior mortgagee, as originally installed may be permitted by the Lessorfirst mortgagee, so as up to constitute the remaining Leased premises a complete architectural unitfull amount of such junior lien; provided, however, that Tenant shall be entitled to any portion of the award allocated to loss of or damage to Tenant’s trade fixtures and removable personal property and/or for the interruption of or damage to Xxxxxx’s business.

EMINENT DOMAIN/CONDEMNATION. 7.1 - The Lessor shall notify the Lessee within ten (10) days of the commencement of eminent domain/condemnation proceedings against the Leased premises described in paragraphs 2.1 and 2.2 by a public agency authorized by law to condemn property. The Lessor shall timely notify the Lessee of the Lessor's intent to contest eminent domain/condemnation proceedings. The Lessor shall notify the Lessee within ten (10) days of acquisition by eminent domain/condemnation of the Leased premises described in paragraphs 2.1 and 2.2 by a public agency. 7.2 - If a total taking of the Leased premises by any public authority under the power of eminent domain/condemnation occurs, then the term of this Lease shall cease as of the day of possession and the rent shall be paid up to that day with a proportionate refund by the Lessor of such rent as may have been paid in advance for a period subsequent to the date of the taking. This covenant is cross referenced in Article XI. 7.3 - If a partial taking of the Leased premises by any public authority under eminent domain/condemnation occurs, the Lessee shall have the right either to terminate this Lease and declare same null and void, or, subject to the Lessor's right of termination as set forth below, to continue in possession of the remainder of the Leased premises, and shall notify the Lessor in writing within ten (10) days after such taking of the Lessee's intention. In the event the Lessee elects to remain in possession, all of the terms herein provided shall continue in effect, except that the fixed annual rental shall be reduced in proportion to the amount of the Leased premises taken and the Lessor shall, at its own cost and expense, make all the necessary repairs or alterations to the building, as originally installed by the Lessor, so as to constitute the remaining Leased premises a complete architectural unit. 7.4 If more than fifty (50%) percent of the Leased premises are taken under the power of eminent domain/condemnation, the Lessor may, by written notice to the Lessee delivered on or before the date of surrendering possession to the public authority, terminate this Lease. 7.5 All damages awarded for either a total or partial taking under the power of eminent domain/condemnation, of the Leased premises, including fee title, described in paragraphs 2.1 and 2.2 shall belong to and be the property of the Lessor, except damages awarded as compensation for diminution in value to the leasehold interest which shall belong to and be the property of the Lessee. The Lessee shall be entitled to all damages and costs flowing from its loss of the leasehold interest including, but not limited to, loss of the value of the remaining terms of the Lease, the economic value of the Lease, depreciation and cost of removal of the Lessee's supplies and fixtures, and relocation cost.

EMINENT DOMAIN/CONDEMNATION. 7.1 - The Lessor shall notify the Lessee within ten (10) days of the commencement of eminent domain/condemnation proceedings against the Leased premises described in paragraphs 2.1 and 2.2 by a public agency authorized by law to condemn property. The Lessor shall timely notify the Lessee of the Lessor's intent to contest eminent domain/condemnation proceedings. The Lessor shall notify the Lessee within ten (10) days of acquisition by eminent domain/condemnation of the Leased premises described in paragraphs 2.1 and 2.2 by a public agency.. (REV 09-96) 7.2 - If a total taking of the Leased premises by any public authority under the power of eminent domain/condemnation occurs, then the term of this Lease shall cease as of the day of possession and the rent shall be paid up to that day with a proportionate refund by the Lessor of such rent as may have been paid in advance for a period subsequent to the date of the taking. This covenant is cross referenced in Article XI.. (REV 09-96) 7.3 - If a partial taking of the Leased premises by any public authority under eminent domain/condemnation occurs, the Lessee shall have the right either to terminate this Lease and declare same null and void, or, subject to the Lessor's right of termination as set forth below, to continue in possession of the remainder of the Leased premises, and shall notify the Lessor in writing within ten (10) days after such taking of the Lessee's intention. In the event the Lessee elects to remain in possession, all of the terms herein provided shall continue in effect, except that the fixed annual rental shall be reduced in proportion to the amount of the Leased premises taken and the Lessor shall, at its own cost and expense, make all the necessary repairs or alterations to the building, as originally installed by the Lessor, so as to constitute the remaining Leased premises a complete architectural unit.. (REV 01-97)