Common use of EMINENT DOMAIN/CONDEMNATION Clause in Contracts

EMINENT DOMAIN/CONDEMNATION. 19.1 If the Premises or any portion thereof are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are therein are called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of 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 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 which does not have a building located thereon, provided however, that the taking of such area does not interfere with Lessee's conduct of business on the Premises. Any reward for the taking of all or any part of the 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 value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any award for loss of business, damage to Lessee's trade fixtures, Lessee's removable personal property, depreciation to, and cost of removal of stock and fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefore by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair.

EMINENT DOMAIN/CONDEMNATION. 19.1 If the Premises or any portion thereof are taken under the any public or private power of eminent domain, or sold by Landlord under the threat of the exercise of said power (all power, or if any portion of which are therein are called "condemnation")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 terminate as of the date of the condemning authority takes title or possession, whichever occurs first. If more than twenty percent (20%) of the Premises is so condemned, both Landlord and Tenant shall have the right to the part so taken terminate this Lease as of the date the condemning authority takes title or possession, whichever first occurs. If more occurs first, by giving written notice of such termination to the other not later than ten percent (10%) of 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) said date; provided that should neither Landlord nor Tenant elect to so terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate the Lease in accordance with the foregoinga timely manner, then this Lease shall remain in full force and effect as to the portion of the Premises remainingnot so taken, except that the rent Tenant’s Rent shall be reduced proportionately to reflect the reduction in the proportion that the floor rentable area of the Building 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 are deemed necessary by Landlord to render such portion reasonably suitable for the purposes for which is was leased, Landlord shall perform such work at its own cost and expense. Notwithstanding any obligation to restore the Premises, 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 bears to by the total floor area of the Building or Premises, as the case may becondemning authority. No reduction of rent shall occur if the only area taken is that which does not have a building located thereon, provided however, that the All awards for any taking of such area does not interfere with Lessee's conduct of business on the Premises. Any reward for the taking of all or any part of the Premises or Project under the power of eminent domain or any payment made under the threat of the exercise of such power of eminent domain shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution in of value of the leasehold or for the taking of the fee, 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 rights of Tenant now or hereafter arising in or to the same 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 may be permitted by the first mortgagee, up to the full amount of such junior lien; provided, however, that Lessee Tenant shall be entitled to any portion of the award for allocated to loss of business, or damage to Lessee's Tenant’s trade fixtures, Lessee's fixtures and removable personal property, depreciation to, and cost property and/or for the interruption of removal of stock and fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of severance damages received by Lessor in connection with such condemnation, repair any or damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefore by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repairXxxxxx’s business.

EMINENT DOMAIN/CONDEMNATION. 19.1 If In the Premises event that the Premises, the Building or the Property or any portion part thereof are shall at any time after the 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 (the power of eminent domain"Condemnation"), Tenant shall not be entitled to claim, or sold under have paid to 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 Tenant, and Tenant hereby relinquishes and hereby assigns to Landlord any rights to any such compensation or damages. Landlord shall be entitled to claim and have paid to it for the threat 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, the Building or the Property. Tenant upon request of Landlord will execute any and all releases, transfers or other documents as shall be required by such public or quasi-public authority to effect and give further evidence and assurances of the exercise foregoing. Notwithstanding the above, Tenant shall have the right to make a claim against the condemning authority, but not against Landlord, on account of said power (interruption of Tenant's business, moving and relocation expenses and for depreciation to and removal of Tenant's trade fixtures, provided that such claim shall not reduce the amount of such claim by Landlord. If such Condemnation affects all or substantially all of which are therein are called "condemnation")the Premises, the Building or the Property, this Lease shall terminate as to the part so taken be terminated as of the date the condemning authority takes title or possession, whichever first occursof such Condemnation. If more than ten percent (10%) such Condemnation does not affect all or substantially all of the floor area of the building or the Premises, the Building 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 foregoingProperty, this Lease shall remain in full force and effect as to not be terminated, but the portion of the Premises remaining, except that the rent Base Rent shall be reduced in by a sum which represents the proportion amount of rentable square feet taken through any condemnation proceeding multiplied by the appropriate rental rate for that the floor area of the Building or Premises taken bears square footage. Notwithstanding anything contained to the total floor area of the Building or Premisescontrary in this Section, as the case Landlord may be. No reduction of rent shall occur if the only area taken is that which does not have a building located thereon, provided however, that the taking of such area does not interfere with Lessee's conduct of business on the Premises. Any reward for the taking of all or any part of the 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 terminate this Lease in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any award for loss of business, damage to Lessee's trade fixtures, Lessee's removable personal property, depreciation to, and cost of removal of stock and fixtures. In the event that this Lease is not terminated by reason following any such Condemnation, Landlord's mortgagee requires Landlord to make advance payments upon or full payment of such condemnation, Lessor shall to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefore by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repairoutstanding mortgage balance.

EMINENT DOMAIN/CONDEMNATION. 19.1 If during the Premises term of this Lease or any portion thereof are extension or renewal thereof, all of the leased premises shall be taken for any public or quasi-public use under the power any law, ordinance, or regulation or by right of eminent domain, or should be sold to the condemning authority under the threat of the exercise of said power (all of which are therein are called "condemnation"), condemnation this Lease shall terminate as to and the part so taken rent shall be abated during the unexpired portion of this Lease, effective as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of 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 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 which does not have a building located thereon, provided however, that the taking of such area does not interfere with Lessee's conduct of business on the Premises. Any reward for the taking of all or any part of the 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 value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any award for loss of business, damage to Lessee's trade fixtures, Lessee's removable personal property, depreciation to, and cost of removal of stock and fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefore said premises by the condemning authority. Lessee If less than all of the leased premises shall pay be taken for any amount public or quasi-public use under any law, ordinance, or regulation, or by right of eminent domain, or should be sold to the condemning authority under threat of condemnation, LANDLORD may, at its sole expense, restore and reconstruct the building and other improvements situated on the lease premises, provided the restoration and reconstruction shall make the same reasonably tenantable and suitable for the uses for which the premises are leased. The rent payable hereunder during the unexpired portion of this Lease shall be adjustable equitably. LANDLORD may at its option terminate this lease in excess lieu of restoring or reconstructing the condemned premises, in which case the rent shall be abated for the unexpired portion of this Lease, effective as of the date of the taking of said premises by the condemning authority. LANDLORD and TENANT shall each by entitled to receive and retain such severance damages required separate awards and portions of lump-sum awards as may be allocated to complete their respective interests in a condemnation proceeding, if any. The termination of this Lease shall not affect the rights of the respective parties to such repairawards.

EMINENT DOMAIN/CONDEMNATION. 19.1 If the Premises Land and/or Building, or any portion thereof are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are therein are called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of 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 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 which does not have includes a building located thereon, provided however, that the taking of such area does not interfere with Lessee's conduct of business on the Premises. Any reward for the taking of all or any substantial part of the Premises or Project under which prevents the power operation of eminent domain the Building as an integral unit in the sole judgment of Landlord, shall be taken or condemned by any competent authority for any public use or purpose, the term of this Lease shall 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 date of such termination. If any condemnation proceeding shall be instituted in which it is sought to take or damage any part of the Land and/or Building, Landlord shall have the right to cancel this Lease upon not less than sixty (60) days notice. No money or other consideration shall be payable by Landlord to Tenant for the right of cancellation. Tenant shall have no right to share in the condemnation award 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 judgment for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any award for loss of business, damage to Lessee's trade fixtures, Lessee's removable personal property, depreciation to, and cost of removal of stock and fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such taking or change of grade, and Tenant hereby assigns to Landlord all Tenant's interest, if any, in 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 except to proceedings, Tenant's separate claim for Tenant's moving expenses, the extent that Lessee has been reimbursed therefore by value of Tenant's fixtures or equipment, or Tenant's moveable installations and improvements which do not become part of the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repairBuilding.

EMINENT DOMAIN/CONDEMNATION. 19.1 If In the Premises event that the premises or any portion thereof are taken under the power of eminent domainpart thereof, or sold under the threat of the exercise of said power (all of which are therein are called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of 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 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 which does not have a building located thereon, provided however, that the taking of such area does not interfere with Lessee's conduct of business on the Premises. Any reward for the taking of all whole or any part of the Premises Building shall be taken or Project under the power of appropriated by eminent domain or shall be condemned for any payment made under threat 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 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 sixty (60) 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 exercise premises or of the means of access thereto shall be so taken, appropriated or condemned, then (and in any such event) this lease and the term hereof may be terminated at the election of Tenant by a notice in writing of its election so to terminate which shall be given by Tenant to Landlord within sixty (60) days following the date on which Tenant shall have received official notice of such power taking, appropriation or condemnation. Upon the giving of any such notice of termination (either by Landlord or Tenant) this lease and the term hereof shall terminate on or retroactively as of the date on which Tenant shall be required to vacate any part of the property of Lessor, whether such award premises or shall be made as compensation for diminution in value deprived of a substantial part of the leasehold or for the taking means of the feeaccess thereto, or as severance damages; provided, however, that Lessee shall be entitled Landlord may in Landlord's notice elect to any award for loss terminate this lease and the term hereof retroactively as of businessthe date on which such taking, damage to Lessee's trade fixtures, Lessee's removable personal property, depreciation to, and cost of removal of stock and fixturesappropriation or condemnation become legally effective. In the event that of any such termination, this Lease lease and the term hereof shall expire as of such effective termination date and the yearly rent shall be apportioned of such 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 be to the 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, appropriation or condemnation and the resulting permanent injury to the premises and the means of access thereto, shall be permanently abated, (including in such abatement the adjustments in the Tax Base and Tenant's Proportionate Share for Taxes as provided in Section XI, and a just adjustment in Tenant's Proportionate Share for Operating Costs and in the Operating Cost Base) and (ii) a just proportion of the remainder of the yearly rent, according to the nature and extent of the taking, 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. Subject to the last sentence of this Section XVII, there is not terminated expressly reserved to Landlord all rights to compensation and damages created, accrued or accruing by reason of any such taking, appropriation or condemnation. It is expressly understood and agreed that the provisions of this Section XVII shall not apply to any taking, Lessor 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 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 the extent of severance damages received by Lessor in connection with such condemnation, repair any damage manner aforesaid. It is agreed that Tenant reserves all rights to the Premises caused by such condemnation except moving and relocation expense claims as may be available to the extent that Lessee has been reimbursed therefore by it from the condemning authority. Lessee shall pay any amount authority in excess of such severance damages required to complete such repairaccordance with statutes or regulations.

EMINENT DOMAIN/CONDEMNATION. 19.1 If the Premises or any portion thereof are taken under the power of eminent domain, or sold under the threat Borrower shall promptly give lender notice of the exercise actual or threatened commencement of said power (any condemnation or eminent domain proceeding and shall deliver to Lender copies of any and all of which are therein are called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurspapers served in connection with such proceedings. If more than ten percent (10%) of 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 Notwithstanding any taking 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 (public or in the absence of such notice, within thirty (30) days after the condemning quasi-public 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 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 which does not have a building located thereon, provided however, that the taking of such area does not interfere with Lessee's conduct of business on the Premises. Any reward for the taking of all or any part of the Premises or Project under the power of through eminent domain or otherwise (including, without limitation, any payment transfer made under threat in Debt of or in anticipation of the exercise of such power taking), Borrower shall continue to pay the Secured Obligations at the time and in the manner provided for its payment in the Note and in this Security Instrument and the Secured Obligations shall not be reduced until any award or payment therefor shall have been actually received and applied by Lender, after the property deduction of Lessorexpenses of collection, whether such award shall be made as compensation for diminution in value to the reduction or discharge of the leasehold or for Secured Obligations. Lender shall not be entitled to the taking of interest paid on the fee, or as severance damages; provided, however, that Lessee award by the condemning authority but shall be entitled to receive out of the award Interest at the rate or rates provided in the Note. Borrower shall cause the award or payment made in any award for loss of businesscondemnation or eminent domain proceeding, damage which is payable to Lessee's trade fixturesBorrower, Lessee's removable personal property, depreciation to, and cost of removal of stock and fixturesto be applied In accordance with Section 1.09 hereof. In the event that this Lease Borrower is not terminated entitled to any award or payment pursuant to Section 1.09 hereof, Borrower shall cause the award or payment to be paid directly to lender. Lender may apply the award or payment to the reduction or discharge of the Secured Obligations whether or not then due and payable. If the Property Is sold, through foreclosure or otherwise, prior to the receipt by reason Lender of such condemnationthe award or payment, Lessor lender shall have the right, whether or not a deficiency judgment on the Note (to the extent permitted In the Note or herein) shall have been sought, recovered or denied, to receive the award or payment, or a portion thereof sufficient to pay the Secured Obligations. If in the event of severance damages received by Lessor a total condemnation the award or payment is not sufficient to repay the Note in connection with such condemnationfull, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefore by the condemning authority. Lessee Borrower shall immediately pay any amount in excess remaining balance, together with all accrued interest thereon. Nothing herein shall be construed to cure or waive any Event of Default or notice of default hereunder or under any other Loan Document or Invalidate any act done pursuant to such severance damages required to complete such repairnotice.

EMINENT DOMAIN/CONDEMNATION. 19.1 If the Premises or If, prior to Closing, any portion thereof proceedings are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are therein are called "condemnation"), this Lease instituted by any governmental authority that shall terminate as relate to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of 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 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 which does not have a building located thereon, provided however, that the taking of such area does not interfere with Lessee's conduct of business on the Premises. Any reward for the proposed taking of all or any part portion of the Premises or Project under the power of any Real Property by eminent domain or condemnation (or if all or any payment made portion of any Real Property is taken by eminent domain or deeded under threat of condemnation after the exercise date of this Agreement and prior to the Closing), Seller shall promptly notify Purchaser in writing after Seller’s receipt of any notification (and provide copies of any notices, Complaints, deeds and the like). Purchaser shall thereafter have the right and option to elect not to purchase such power Real Property by giving written notice to Seller within fifteen (15) days after receipt by Purchaser of the notice from Seller and the date of the Closing shall be extended if necessary to afford Purchaser such full fifteen (15) day period. If Purchaser timely elects not to purchase such Real Property, the property of Lessor, whether such award Purchase Price shall be made as compensation for diminution in value adjusted by reducing the Purchase Price by the portion of the leasehold Purchase Price that is allocated for such Real Property (as any such amount is set forth on Schedule 3.4, and neither party hereto shall have any obligations of any nature to the other hereunder or by reason hereof in respect to such Real Property not being purchased except for those obligations and liabilities that are expressly stated to survive termination of this Agreement. If no such election is timely made, Purchaser shall be deemed to have waived its rights under this Section 10.11 with respect to such Real Property, except that, if the taking of the feetransaction contemplated hereby closes, or as severance damages; provided, however, that Lessee Purchaser shall be entitled to any award for loss the proceeds and the right to negotiate, settle and collect the proceeds of business, damage to Lessee's trade fixtures, Lessee's removable personal property, depreciation tosuch condemnation award, and cost Seller shall execute and deliver all documents reasonably requested of removal of stock Seller in order to effectuate this Section 10.11. If no election not to purchase such Real Property is made (and fixtures. In Purchaser expressly waives its rights under this Section 10.11 with respect to such Real Property), Purchaser shall have the event that this Lease is not terminated by reason of such condemnation, Lessor shall right to participate prior to the extent of severance damages received by Lessor Closing in connection any discussions or proceedings with such condemnation, repair any damage governmental authority relating to the Premises caused by such condemnation except proposed taking of any portions of the Real Property. Notwithstanding anything in the foregoing to the extent contrary, Purchaser shall not have any right and option under this Section 10.11 to elect not to purchase such Real Property if such proceedings relate only to a road widening or other minor taking that Lessee has been reimbursed therefore by does not impact any leased or leasable premises, reduce any parking area, or otherwise significantly decrease the condemning authority. Lessee shall pay any amount in excess of actual or potential income stream from such severance damages required to complete such repairReal Property.

EMINENT DOMAIN/CONDEMNATION. 19.1 If the Premises or any portion thereof are taken under the any public or private power of eminent domain, or sold by Landlord under the threat of the exercise of said power (all power, or if any portion of which are therein are called "condemnation")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 terminate as of the date of the condemning authority takes title or possession, whichever occurs first. If more than twenty percent (20%) of the Premises is so condemned, both Landlord and Tenant shall have the right to the part so taken terminate this Lease as of the date the condemning authority takes title or possession, whichever first occurs. If more occurs first, by giving written notice of such termination to the other not later than ten percent (10%) of 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) said date; provided that should neither Landlord nor Tenant elect to so terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate the Lease in accordance with the foregoinga timely manner, then this Lease shall remain in full force and effect as to the portion of the Premises remainingnot so taken, except that the rent Tenant’s Base Rent shall be reduced proportionately to reflect the reduction in the proportion that the floor rentable area of the Building 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 are deemed necessary by Landlord to render such portion reasonably suitable for the purposes for which is was leased, Landlord shall perform such work at its own cost and expense. Notwithstanding any obligation to restore the Premises, 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 bears to by the total floor area of the Building or Premises, as the case may becondemning authority. No reduction of rent shall occur if the only area taken is that which does not have a building located thereon, provided however, that the All awards for any taking of such area does not interfere with Lessee's conduct of business on the Premises. Any reward for the taking of all or any part of the Premises or Project under the power of eminent domain or any payment made under the threat of the exercise of such power of eminent domain shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution in of value of the leasehold or for the taking of the fee, 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 rights of Tenant now or hereafter arising in or to the same 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 may be permitted by the first mortgagee, up to the full amount of such junior lien; provided, however, that Lessee Tenant shall be entitled to any portion of the award for allocated to loss of business, or damage to Lessee's Tenant’s trade fixtures, Lessee's fixtures and removable personal property, depreciation to, and cost property and/or for the interruption of removal of stock and fixtures. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of severance damages received by Lessor in connection with such condemnation, repair any or damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefore by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repairTenant’s business.

EMINENT DOMAIN/CONDEMNATION. 19.1 If In the Premises event that the premises ------------- --------------------------- or any portion thereof are taken under the power of eminent domainpart thereof, or sold under the threat of the exercise of said power (all of which are therein are called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of 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 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 which does not have a building located thereon, provided however, that the taking of such area does not interfere with Lessee's conduct of business on the Premises. Any reward for the taking of all whole or any part of the Premises Building shall be taken or Project under the power of appropriated by eminent domain or shall be condemned for any payment made under threat 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 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 sixty (60) 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 exercise premises or of the means of access thereto shall be so taken, appropriated or condemned, then (and in any such event) this Lease and the term hereof may be terminated at the election of Tenant by a notice in writing of its election so to terminate which shall be given by Tenant to Landlord within sixty (60) days following the date on which Tenant shall have received official notice of such power taking, appropriation or condemnation. Upon the giving of any such notice of termination (either by Landlord or Tenant) this Lease and the term hereof shall terminate on or retroactively as of the date on which Tenant shall be required to vacate any part of the property of Lessor, whether such award premises or shall be made as compensation for diminution in value deprived of a substantial part of the leasehold or for the taking means of the feeaccess thereto, or as severance damages; provided, however, that Lessee shall be entitled Landlord may in Landlord's notice elect to any award for loss terminate this Lease and the term hereof retroactively as of businessthe date on which such taking, damage to Lessee's trade fixtures, Lessee's removable personal property, depreciation to, and cost of removal of stock and fixturesappropriation or condemnation become legally effective. In the event that of any such termination, this Lease and the term hereof shall expire as of such effective termination date and the yearly rent and Additional Rent shall be apportioned of such 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 be to the same condition as obtained prior to such taking, appropriation or condemnation, in which event the yearly rent and Additional Rent shall be adjusted, (i) a just proportion of the yearly rent and Additional Rent, according to the nature and extent of the taking, appropriation or condemnation and the resulting permanent injury to the premises and the means of access thereto, shall be permanently abated, (including in such abatement the adjustments in Tenant's Proportionate Share for Taxes as provided in Section XI, and a just adjustment in Tenant's Proportionate Share for Operating Costs) and (ii) a just proportion of the remainder of the yearly rent, and Additional Rent according to the nature and extent of the taking, 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. There is not terminated expressly reserved to Landlord all rights to compensation and damages created, accrued or accruing by reason of any such taking, appropriation or condemnation. It is expressly understood and agreed that the provisions of this Section XVII shall not apply to any taking, Lessor 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 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 the extent of severance damages received by Lessor in connection with such condemnation, repair any damage manner aforesaid. It is agreed that Tenant reserves all rights to the Premises caused by such condemnation except moving and relocation expense claims as may be available to the extent that Lessee has been reimbursed therefore by it from the condemning authority. Lessee shall pay any amount authority in excess of such severance damages required to complete such repairaccordance with statutes or regulations.