Common use of Eminent Domain Clause in Contracts

Eminent Domain. a. If the whole of the Building or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as of the date of such taking, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Project.

Eminent Domain. a. If the whole of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public authority under the power of eminent domain, or quasi-public purposepurchased by the condemnor in lieu thereof, then the term of this Lease shall terminate cease as of the date possession is taken by such public authority. If only part of such taking, and Rent the Premises shall be prorated to such date. If less than the whole of the Building or Premises is so taken, the Lease shall terminate only as to the portion taken, and shall continue in full force and effect as to the remainder of said Premises, and the monthly rent shall be reduced proportionately; provided, however, if the remainder of the Premises cannot be made tenantable for the purposes for which Lessee has been using the Premises or if more than twenty-five percent (25%) of the rentable square footage of the Premises shall be so taken, then either party, by written notice to the other, given at least thirty (30) days prior to the date that possession must be surrendered to the public authority, may terminate this Lease effective as of such surrender of possession. If any part of the building other than the Premises shall be unaffected by such so taken so as to render in Lessor's opinion the termination of this Lease beneficial to the remaining portion of the building, Lessor shall have the right within sixty (60) days of said taking to terminate this Lease upon thirty (30) days written notice to Lessee. In the event of any taking, provided that (i) Tenant whether whole or partial, Lessor shall be entitled to all awards, settlements, or compensation which may be given for the land and buildings. Lessee shall have no claim against Lessor for the value of any unexpired term of this Lease. Lessee shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after seek an independent and separate award from the date of condemning authority so long as such taking if twenty percent (20%) or more award does not diminish the amount of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant award payable to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectLessor.

Eminent Domain. a. If the whole of the Building or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as of the date of such taking, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's ’s Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Project.

Eminent Domain. a. If (1) the whole or more than fifty percent (50%) of the Building floor area of the Premises shall be taken or Premises is lawfully taken condemned by condemnation or in any other manner Eminent Domain for any public or quasi-public use or purpose, and either party shall elect, by giving written notice to the other, or (2) more than twenty-five percent (25%) of the floor area of the Building shall be so taken, and Landlord shall elect, in its sole discretion, by giving written notice to Tenant, any written notice to be given not more than sixty (60) days after the date on which title shall vest in such condemnation proceeding, to terminate this Lease, then, in either such event, the Term of this Lease shall cease and terminate as of the date of such takingtitle vesting. In case of any taking or condemnation, and Rent shall be prorated to such date. If less than whether or not the whole Term of the Building or Premises is so taken, this Lease shall cease and terminate, the entire award shall be unaffected by the property of Landlord, and Tenant hereby assigns to Landlord all its right, title and interest in and to any such takingaward, provided except that (i) Tenant shall have be entitled to claim, prove and receive in the right to terminate this Lease proceedings such awards as may be allowed for moving expenses, loss of profit and fixtures and other equipment installed by notice to Landlord given within ninety (90) days after it which shall not, under the date terms of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, be or become the Lease shall terminate on property of Landlord at the thirtieth (30th) day after either termination hereof, but only if such notice. The Rent awards shall be prorated to made by the date of termination. If this Lease continues condemnation, court or other authority in force upon such partial takingaddition to, and be stated separately from, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to award made by it for the remaining Rentable Area of the Premises and ProjectProperty or part thereof so taken.

Eminent Domain. a. If the whole of the Building or Premises Property is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as of the earlier of the date of such takingtitle vests or the date possession is given, and Rent shall be prorated to such date. If less than the whole of the Building Property or Premises the improvements is so taken, this Lease shall be unaffected taken so as to render the balance of the Property unsuitable for use by the Tenant in the same manner as Tenant’s use of the Property at the time of such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) then Landlord shall have the right to terminate this Lease by notice improve the balance of the Property in such a manner that will permit the Tenant to use the Property in the same manner as Tenant’s use of the Property at the time of the taking. Such improvements shall include the replacement or construction of any improvements (in size, use and scope) lost as a result of the taking. Landlord’s obligation shall be limited to the consideration it receives as a result of the taking. In the event Landlord elects not to or is unable to improve the Property to permit the Tenant given to use the Property in the same manner as Tenant’s use of the Property as of the taking, Landlord shall notify Tenant of such election or inability within fifteen (15) days of such taking and Tenant shall have ninety (90) days after the date of from such taking. If either Landlord or Tenant so elects notice to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of such termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area area of the Premises Property and Projectthe use thereof by Tenant.

Eminent Domain. a. If If, at any time prior to the whole Closing, legal proceedings under power of eminent domain are commenced with respect to all or any portion of any Property, then by delivering written notice to Seller within three (3) business days after Buyer’s receipt of written notice of such pending condemnation, Buyer may elect to either (a) terminate this Agreement with respect to the Property which is subject to such condemnation (but not the other Properties), in which event the Purchase Price shall be reduced by the Allocated Purchase Price for such condemned Property so excluded from this Agreement, neither party shall have any further liability or obligation under this Agreement with respect to such Property (except for the provisions of this Agreement which recite that they survive termination), and the Closing shall proceed with respect to all other Properties, or (b) elect to continue this Agreement in full force and effect and Seller shall assign to Buyer at the Closing any and all proceeds and/or claims on account of such condemnation proceedings, and Buyer shall take title to such Property subject to such condemnation proceedings; provided, however, that in the event the value of such Property or portion thereof to be taken is reasonably estimated by Seller to be less than an amount equal to three and a half percent (3.5%) of the Building or Premises is lawfully taken by Allocated Purchase Price for such Property (provided, however, that notwithstanding the foregoing, such threshold shall be an amount equal to $500,000 for each Property with respect to the Properties commonly known as “Midway” and “Pacific” as described on Schedule 1 hereto), then Buyer shall take title to such Property subject to such condemnation or in any other manner for any public or quasi-public purposeproceedings, this Lease Agreement will continue in full force and effect and the Respective Seller shall terminate as of the date assign to Buyer any and all proceeds and/or claims on account of such takingcondemnation proceedings. If Buyer fails to deliver written notice to Seller of Buyer’s election within the time period specified in this Paragraph 14, and Rent Buyer shall be prorated deemed to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that have elected alternative (ib) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Projectabove.

Eminent Domain. a. If the whole all or any part of the Building or Premises is lawfully are taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, this Lease shall terminate as of the date or conveyed to such authority in lieu of such takingcondemnation, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so takenthen either party, this Lease shall be unaffected by such takingat its option, provided that (i) Tenant shall have the right to terminate this Lease as of the day possession shall be taken by such authority. If, as a result of any such taking, or conveyance in lieu of condemnation, more than fifty percent (50%) of the net rentable area of the Building is rendered untenantable, then the Lessor shall have the right and option (exercised, if at all, by giving written notice to Landlord given within ninety thirty (9030) days after of such taking or conveyance) to terminate this Lease as of the date of such taking if twenty percent (20%) or more conveyance. If all or any part of the Premises is taken and the remaining area of Building in which the Premises is not reasonably sufficient for Tenant to continue operation are located shall be taken by any such authority, or conveyed in lieu of its businesscondemnation, and (ii) Landlord then Lessor shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects and option to terminate this Lease. In the event this Lease is terminated for any of the reasons aforesaid, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent any rents or other payments shall be prorated as of the effective date of such termination and proportionately refunded to the date Lessee or paid to the Lessor as the case may be, and Lessee shall have no claim against Lessor for the value of terminationany unexpired term of the Lease. If this Lease continues All damages awarded for such taking under the power of eminent domain, or conveyance in force lieu thereof, shall belong to and be the Building of Lessor irrespective of the basis upon such partial takingwhich they were awarded; provided, the Base Rent and Tenant's Proportionate Share however, that Lessee shall be equitably adjusted according entitled to the remaining Rentable Area receive any damages specifically awarded for its share of the Premises and Projectmoving expenses.

Eminent Domain. a. If In the whole of event that the Building Leased Premises shall be lawfully condemned or Premises is lawfully taken by condemnation any public authority either in their entirety or in any other manner such proportion that they are no loner suitable for any public or quasi-public purposethe intended use by the Lessee, this Lease shall automatically terminate as without further act of either party hereto on the date when possession of the date of Leased Premises shall be taken by such takingpublic authority, and Rent each party hereto shall be prorated relieved of any further obligation to such datethe other except that the Lessee shall be liable for and shall promptly pay to the Lessor any rent then in arrears or the Lessor shall promptly rebate to the Lessee a pro rata portion of any rent paid in advance. If less than In the whole event the proportion of the Building Leased Premises so condemned or Premises taken is so takensuch that they are still suitable for the intended use by the Lessee, this Lease shall continue in effect in accordance with its terms and a portion of the rent shall abate equal to the proportion of the rental value of the Leased Premxxxx so condemned or taken. In either of the above events, the award for the property so condemned or taken shall be unaffected by such taking, provided apportioned between the Lessor and the Lessee so that (i) Tenant the Lessor shall have receive the right to terminate then value of his reversionary interest in the Leased Premises plus the then value of the future rents due under the terms of this Lease if such taking had not occurred, and the Lessee shall receive the then value of its leasehold interest including the then value of any mechanical installations, equipment and appurtenances, if any, constructed or installed by notice to Landlord given within ninety (90) days the Lessee after the date of such taking if twenty percent (20%) or more beginning of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Projectterm hereof.

Eminent Domain. a. If the whole of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public authority under the power of eminent domain, or quasi-public purposepurchased by the condemnor in lieu thereof, then the term of this Lease shall terminate cease as of the date of possession is taken by such taking, and Rent shall be prorated to such datepublic authority. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more only part of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant be so elects to terminate this Leasetaken, the Lease shall terminate on only as to the thirtieth (30th) day after either such notice. The Rent portion taken, and shall continue in full force and effect as to the remainder of said Premises, and the monthly rent shall be prorated reduced proportionately; provided, however, if the remainder of the Premises cannot be made tenantable for the purposes for which Lessee has been using the Premises or if more than twenty-five percent (25%) of the rentable square footage of the Premises shall be so taken, then either party, by written notice to the other, given at least thirty (30) days prior to the date that possession must be surrendered to the public authority, may terminate this Lease effective as of terminationsuch surrender of possession. If any part of the building other than the Premises shall be so taken so as to render in Lessor's opinion the termination of this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according beneficial to the remaining Rentable Area portion of the Premises building, Lessor shall have the right within sixty (60) days of said taking to terminate this Lease upon thirty (30) days written notice to Lessee. In the event of any taking, whether whole or partial, Lessor shall be entitled to all awards, settlements, or compensation which may be given for the land and Projectbuildings. Lessee shall have no claim against Lessor for the value of any unexpired term of this Lease.

Eminent Domain. a. If If, before the whole Closing Date, proceedings are commenced for the taking by exercise of the Building power of eminent domain of all or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as a material part of the date Property which, as reasonably determined by Buyer, would render the Property unacceptable to Buyer or unsuitable for Buyer’s intended use, Buyer shall have the right, by giving written notice to Seller within thirty (30) days after Seller gives notice of the commencement of such takingproceedings to Buyer, and Rent to terminate this Agreement, in which event this Agreement shall automatically terminate, the Deposit shall be prorated returned to such dateBuyer without any further action required from either Party, Buyer and Seller shall each be liable for one-half of any escrow fees or charges and neither Party shall have any continuing obligations hereunder. If If, before the Closing Date, proceedings are commenced for the taking by exercise of the power of eminent domain of less than the whole a material part of the Building Property, or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have if Buyer has the right to terminate this Lease by Agreement pursuant to the preceding sentence but Buyer does not exercise such right, then this Agreement shall remain in full force and effect and, on the Closing Date, the condemnation award (or, if not theretofore received, the right to receive such portion of the award) payable on account of the taking shall be assigned, or paid to, Buyer (subject to the rights of the lender under the Existing Loan). Seller shall give written notice to Landlord given Buyer within ninety three (903) business days after the date of such taking if twenty percent (20%) or more Seller’s receiving written notice of the Premises is taken and commencement of any proceedings for the remaining area taking by exercise of the Premises is not reasonably sufficient for Tenant to continue operation power of its businesseminent domain of all or any part of the Property. The foregoing notwithstanding, and (ii) Landlord in the event the taking results in the cancellation any Lease, Buyer shall have the right option to terminate this Lease Agreement by giving written notice to Tenant given Seller within ninety (90) 30 days after Seller gives notice of the date commencement of such taking. If either Landlord or Tenant so elects proceedings to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such noticeBuyer. The Rent provisions of this Section shall be prorated to survive the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectClosing.

Eminent Domain. a. If the whole of the Building or Premises, or such -------------- portion thereof as will make the Building or Premises unusable in the reasonable judgment of Landlord and Tenant, cooperating together reasonably and in good faith, for their intended purposes, is lawfully condemned or taken by condemnation or in any other manner legally constituted authority for any public use or quasi-public purpose, then in either of said events, Landlord or Tenant may terminate this Lease by written notice to the other and the Term hereby granted shall terminate as of cease from that time when possession thereof is taken by the date of such takingcondemning authorities, and Rent shall be prorated to such accounted for as between Landlord and Tenant as of that date. If less than the whole a portion of the Building or Premises is so taken, but not such amount as will make the Premises unusable in the reasonable judgment of Landlord and Tenant, cooperating together reasonably and in good faith, for the purposes herein leased, or if neither Landlord nor Tenant elect to terminate this Lease as aforesaid, this Lease shall continue in full force and effect and the Rent shall be unaffected reduced prorata in proportion to the amount of the Premises so taken. Tenant shall have no right or claim to any part of any award made to or received by Landlord for such condemnation or taking, provided that (i) and all awards for such condemnation or taking shall be made solely to Landlord. Tenant shall shall, however, have the right to terminate this Lease by notice pursue any separate award that does not reduce the award to which Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Projectentitled.

Eminent Domain. a. If the whole of the Building or Premises entire Project is lawfully taken by condemnation or in any other manner for any public or quasi-public purposeeminent domain, this Lease shall automatically terminate as of the date of such taking, and Rent shall be prorated to such date. If less than the whole a portion of the Building or Premises Project is so takentaken by eminent domain, this Lease shall be unaffected by such taking, provided that (i) Tenant Lessor shall have the right to terminate this Lease by giving written notice thereof to Landlord given Tenant within ninety (90) days after the date of such taking if twenty percent (20%) or more taking. If a portion of the Premises is taken by eminent domain and this Lease is not terminated by Lessor, Lessor shall, at its expense, restore the remaining area Premises, exclusive of any Alterations made to the Premises is not reasonably sufficient for Tenant by Tenant, to continue operation of its business, and (ii) Landlord shall have as near the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated condition which existed immediately prior to the date of termination. If this Lease continues in force upon such partial takingtaking as reasonably possible, the and Base Rent and Tenant's Proportionate Share Additional Rent shall be equitably adjusted according to axxxx during such period of time as the remaining Rentable Area Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises. All damages awarded for a taking under the power of eminent domain, whether for the whole or a part of the Premise, shall belong to, and Projectbe the property of Lessor, whether such damages shall be awarded as compensation for diminution in value to the leasehold estate hereby created or to the fee of the Premises; provided, however, that Lessor shall not be entitled to any separate award made to Tenant for loss of business, fair value of, and cost of removal of stock and futures and for relocation. The term “eminent domain” shall include the exercise of any similar governmental power and any purchase or other acquisition in lieu of condemnation.

Eminent Domain. a. If the whole all or any part of the Building Premises shall be taken as a result of the exercise of the power of eminent domain or Premises is lawfully taken by condemnation or any transfer in any other manner for any public or quasi-public purposelieu thereof, this Lease shall terminate as to the part so taken as of the date of such taking, and Rent shall be prorated to such date. If less than and, in the whole case of the Building or Premises is so taken, this Lease shall be unaffected by such a partial taking, provided that (i) either Landlord or Tenant shall have the right to terminate this Lease as to the balance of the Premises by written notice to Landlord given the other within ninety thirty (9030) days after such date; provided, however, a condition to Tenant's right to terminate shall be that Tenant's use of the date of such taking if twenty percent (20%) or more balance of the Premises is taken and substantially handicapped, impeded or impaired by the remaining area taking. If any material part of the Premises is not reasonably sufficient for Tenant to continue operation building consisting of its businessseventy five percent (75%) of rentable square feet shall be taken, and (ii) Landlord shall have the right to terminate this Lease by written notice to Tenant given within ninety thirty (9030) days after of the date of such taking. If either In the event of any taking, Landlord shall be entitled to any and all compensation, damages, income, rent, awards, or any interest therein whatsoever which may be paid or made in connection therewith, and Tenant so elects shall have no claim against the Landlord for the value of any unexpired term of this Lease or otherwise; provided, Landlord shall have no claim to terminate any portion of the award that is specifically allocable to Tenant's relocation expenses or the interruption of or damage to Tenant's business. In the event of a partial taking of the Premises which does not result in a termination of this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share Additional Charges thereafter to be paid shall be equitably adjusted according to the remaining Rentable Area of the Premises and Projectreduced.

Eminent Domain. a. If In the event that the premises or any part thereof shall at any time after the execution of this Lease be taken for public or quasi public use in condemnation proceedings or by exercise of any right of eminent domain, or if following the adoption of any resolution, ordinance or other law expressing an intent by any public authority to appropriate or authorize the acquisition of the whole or any part of the premises, Lessor and such public authority shall agree upon a purchase of the subject premises by the public authority (all such proceedings being collectively referred to herein as a "taking"), the Lessee shall not be entitled to claim, or have paid to the Lessee any compensation or damages whatsoever for or on account of any loss, injury, damage, or taking of any right, interest or estate of the Lessee and Lessee hereby relinquishes to Lessor any rights to any such damages but the Lessor shall be entitled to claim and have paid to it for the use and benefit of the Lessor all compensation and/or damages for and/or on account of and/or arising out of such taking and/or condemnation without deduction from the amount thereof for or on account of any right, title, interest or estate of the Lessee in or to said property. In case of any such taking referred to in this Article then if and when there is taking of the building on the premises or any part thereof which prevents Lessee from conducting its business as it had been conducted prior to such taking, then either the Lessor or the Lessee may cancel and terminate this Lease as to the whole of the Building or Premises is lawfully taken premises by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as of the date of such taking, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by giving notice to Landlord given the other party within ninety thirty (9030) days after the date such taking of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant intention to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of terminationterminate. If this Lease continues in force upon such partial takingis not terminated as above provided for following any said takings, then the Base Rent and Tenant's Proportionate Share Lessor shall be equitably adjusted according to repair the remaining Rentable Area of the Premises and Projectpremises at its sole expense.

Eminent Domain. a. (a) If the whole or any substantial part of the Premises or the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, then the term of this Lease shall terminate as of cease on the part so taken on the date possession of that part shall be required for public use, and any rent paid in advance of such takingdate shall be refunded to Tenant, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Landlord and Tenant shall each have the right to terminate this Lease by upon written notice to Landlord given the other, which notice shall be delivered within ninety thirty (9030) days after following the date of such taking if twenty percent (20%) or more of the Premises notice is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date received of such taking. If either Landlord or Tenant so elects to In the event that neither party hereto shall terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated Landlord shall, to the date extent the proceeds of termination. If this Lease continues in force upon such partial takingthe condemnation award (other than any proceeds awarded for the value of any land taken) are available, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according make all necessary repairs to the remaining Rentable Area Premises and the Building to render and restore the same to a complete architectural unit and Tenant shall continue in possession of the portion of the Premises not taken under the power of eminent domain, under the same terms and Projectconditions as are herein provided, except that the rent reserved herein, Tenant’s Share pursuant to Paragraph l(j) hereof and the parking spaces pursuant to Paragraph l(p) hereof shall each be reduced in direct proportion to the amount of the Premises so taken. All damages awarded for such taking shall belong to and be the property of Landlord, whether such damages be awarded as compensation for diminution in value of the leasehold or to the fee of the Premises; provided, however, Landlord shall not be entitled to any portion of the award made to Tenant for removal and reinstallation of trade fixtures or moving expenses.

Eminent Domain. a. If Section 12.01: In the whole event, during the term of this Lease, proceedings shall be instituted under the power of eminent domain which shall result in the taking of any part of the Leased Premises or the floor area of the Building in which the Leased Premises are a part, or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as the taking of a material portion of the date parking area so that the number of spaces is thereby reduced to such an extent that Lessee's business is significantly and adversely affected, and which shall result in an eviction total or partial of the Lessee therefrom, then at the time of such taking, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so takeneviction, this Lease shall be unaffected by such taking, provided that (i) Tenant void and the term above demised shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking cease and terminate; and if twenty percent (20%) or more Lessee shall thereafter continue in possession of the Leased Premises is taken or any part thereof, it shall be a Lease from month to month and for no longer term, anything in this instrument to the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such takingcontrary notwithstanding. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such there is only a partial taking, not including a portion of the Base Rent Building but reducing the parking to the extent described in the previous sentence, the Lessor shall restore the parking to the extent necessary to permit Lessee to continue the use of the premises and Tenant's Proportionate Share there shall be equitably adjusted according to no reduction in the remaining Rentable Area monthly rental. Provided, further, that the whole of any award for any portion of the Premises Building taken by reason of said condemnation proceedings shall be the sole property of, and Projectbe payable to, the Lessor, and provided, further, that the whole of any award for loss of business and for removal and relocation expenses in any condemnation proceedings shall be the sole property of, and be payable to, the Lessee. It is further agreed that in any such condemnation proceedings, the Lessor and Lessee shall each seek its own award at its own expense.

Eminent Domain. a. If (1) the whole or more than fifty percent (50%) of the Building floor area of the Premises shall be taken or Premises is lawfully taken condemned by condemnation or in any other manner Eminent Domain for any public or quasi-public use or purpose, and either party shall elect, by giving written notice to the other, or (2) more than twenty-five percent (25%) of the floor area of the Building shall be so taken, and Landlord shall elect, in its sole discretion, by giving written notice to the Tenant, any said written notice to be given not more than sixty (60) days after the date on which title shall vest in such condemnation proceeding, to terminate this Lease, then, in either such event, the Term of this Lease shall cease and terminate as of the date of such takingtitle vesting. In case of any taking or condemnation, and Rent shall be prorated to such date. If less than whether or not the whole Term of the Building or Premises is so taken, this Lease shall cease and terminate, the entire award shall be unaffected by the property of Landlord, and Tenant hereby assigns to Landlord all its right, title and interest in and to any such takingaward, provided except that (i) Tenant shall have be entitled to claim, prove and receive in the right to terminate this Lease proceedings such awards as may be allowed for moving expenses, loss of profit and fixtures and other equipment installed by notice to Landlord given within ninety (90) days after it which shall not, under the date terms of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, be or become the Lease shall terminate on property of Landlord at the thirtieth (30th) day after either termination hereof, but only if such notice. The Rent awards shall be prorated to made by the date of termination. If this Lease continues condemnation, court or other authority in force upon such partial takingaddition to, and be stated separately from, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to award made by it for the remaining Rentable Area of the Premises and ProjectProperty or part thereof so taken.

Eminent Domain. a. If the whole all or any part of the Building or Premises is lawfully are taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, this Lease shall terminate as of the date or conveyed to such authority in lieu of such takingcondemnation, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so takenthen either party, this Lease shall be unaffected by such takingat its option, provided that (i) Tenant shall have the right to terminate this Lease as of the day possession shall be taken by such authority. If, as a result of any such taking, or conveyance in lieu of condemnation, more than fifty percent (50%) of the net rentable area of the Building is rendered untenantable, then the Lessor shall have the right and option (exercised, if at all, by giving written notice to Landlord given within ninety thirty (9030) days after of such taking or conveyance) to terminate this Lease as of the date of such taking if twenty percent (20%) or more conveyance. If all or any part of the Premises is taken and the remaining area of Building in which the Premises is not reasonably sufficient for Tenant to continue operation are located shall be taken by any such authority, or conveyed in lieu of its businesscondemnation, and (ii) Landlord then Lessor shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects and option to terminate this Lease. In the event this Lease is terminated for any of the reasons aforesaid, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent any rents or other payments shall be prorated as of the effective date of such termination and proportionately refunded to the date Lessee or paid to the Lessor as the case may be, and Lessee shall have no claim against Lessor for the value of terminationany unexpired term of the Lease. If this Lease continues All damages awarded for such taking under the power of eminent domain, or conveyance in force lieu thereof, shall belong to and be the building of Lessor irrespective of the basis upon such partial takingwhich they were awarded; provided, the Base Rent and Tenant's Proportionate Share however, that Lessee shall be equitably adjusted according entitled to the remaining Rentable Area receive any damages specifically awarded for its share of the Premises and Projectmoving expenses.

Eminent Domain. a. (a) If the whole all or part of the Building or Premises is lawfully Project shall be taken by condemnation or in any other manner for any public or quasi-public purposeuse by virtue of the exercise of the power of eminent domain or by private purchase in lieu thereof, this Lease shall terminate as to any part of the Demised Premises so taken as of the date of such taking, and Rent shall be prorated to such date. If less than and, in the whole case of the Building or Premises is so taken, this Lease shall be unaffected by such a partial taking, provided that (i) either Landlord or Tenant shall have the right to terminate this Lease by written notice to Landlord given the other within ninety thirty (9030) days after such date; provided, however, that a condition to the exercise by Tenant of such right to terminate shall be that the portion of the Project taken shall be of such extent and nature as to materially impair Tenant's use of the balance of the Demised Premises (i.e. insufficient parking, lack of access, non-availability of essential services). If title to so much of the Project is taken that a reasonable amount of reconstruction thereof will not in Landlord's sole discretion result in the Building being a practical improvement and reasonably suitable for use for the purpose for which it is designed, then this Lease shall terminate on the date of such taking if twenty percent (20%) or more that the condemning authority actually takes possession of the part so condemned or purchased; provided, however, that as a condition to terminating this Lease, Landlord must also terminate all other leases in the Building. If a temporary taking has a material, adverse effect on the Demised Premises is taken and the remaining area of the Premises is not reasonably sufficient for will extend beyond one hundred eighty (180) days, then Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by timely notice to Tenant given within ninety (90) days after the date of such takingLandlord. If either Landlord or any part of the Demised Premises is taken and Tenant so elects not to terminate this the Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall rent will be prorated reduced in proportion to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area area of the Demised Premises and Projectso taken.

Eminent Domain. a. (a) If the whole or any substantial part of the Premises or the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, then the term of this Lease shall terminate as of cease on the part so taken on the date possession of that part shall be required for public use, and any Rent paid in advance of such takingdate shall be refunded to Tenant, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Landlord and Tenant shall each have the right to terminate this Lease by upon written notice to Landlord given the other, which notice shall be delivered within ninety thirty (9030) days after following the date of such taking if twenty percent (20%) or more of the Premises notice is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date received of such taking. If either Landlord or Tenant so elects to In the event that neither party hereto shall terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated Landlord shall, to the date extent the proceeds of termination. If this Lease continues in force upon such partial takingthe condemnation award (other than any proceeds awarded for the value of any land taken) are available, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according make all necessary repairs to the remaining Rentable Area Premises and the Building to render and restore the same to a complete architectural unit and Tenant shall continue in possession of the portion of the Premises not taken under the power of eminent domain, under the same terms and Projectconditions as are herein provided, except that the Rent reserved herein, Xxxxxx’s Share pursuant to Section 1(j) hereof and the parking spaces pursuant to Section l(o) hereof shall each be reduced in direct proportion to the amount of the Premises so taken. All damages awarded for such taking shall belong to and be the property of Landlord, whether such damages be awarded as compensation for diminution in value of the leasehold or to the fee of the Premises; provided, however, Landlord shall not be entitled to any portion of the award made to Tenant for removal and reinstallation of trade fixtures or moving expenses.

Eminent Domain. a. (a) If the whole or any substantial part of the Premises or the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, then the term of this Lease shall terminate as of cease on the part so taken on the date possession of that part shall be required for public use, and any Rent paid in advance of such takingdate shall be refunded to Tenant, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Landlord and Tenant shall each have the right to terminate this Lease by upon written notice to Landlord given the other, which notice shall be delivered within ninety (90) thirty days after following the date of such taking if twenty percent (20%) or more of the Premises notice is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date received of such taking. If either Landlord or Tenant so elects to In the event that neither party hereto shall terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated Landlord shall, to the date extent the proceeds of termination. If this Lease continues in force upon such partial takingthe condemnation award (other than any proceeds awarded for the value of any land taken) are available, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according make all necessary repairs to the remaining Rentable Area Premises and the Building to render and restore the same to a complete architectural unit and Tenant shall continue in possession of the portion of the Premises not taken under the power of eminent domain, under the same terms and Projectconditions as are herein provided, except that the Rent reserved herein, Tenant’s Share pursuant to Section 1(j) hereof and the parking spaces pursuant to Section 1(o) hereof shall each be reduced in direct proportion to the amount of the Premises so taken. All damages awarded for such taking shall belong to and be the property of Landlord, whether such damages be awarded as compensation for diminution in value of the leasehold or to the fee of the Premises; provided, however, Landlord shall not be entitled to any portion of the award made to Tenant for removal and reinstallation of trade fixtures or moving expenses.

Eminent Domain. a. If (1) the whole or more than twenty percent (20%) of the Building floor area of the Leased Premises shall be taken or Premises is lawfully taken condemned by condemnation or in any other manner Eminent Domain for any public or quasi-public use or purpose, and either party shall elect, by giving written notice to the other, or (2) more than twenty-five percent (25%) of the floor area of the Building shall be so taken, and Landlord shall elect, in its sole discretion, by giving written notice to the Tenant, any said written notice to be given not more than sixty (60) days after the date on which title shall vest in such condemnation proceeding, to terminate this Lease, then, in either such event, the term of this Lease shall cease and terminate as of the date of such takingtitle vesting. In case of any taking or condemnation, and Rent shall be prorated to such date. If less than whether or not the whole term of the Building or Premises is so taken, this Lease shall cease and terminate, the entire award shall be unaffected by the property of Landlord, and Tenant hereby assigns to Landlord all its right, title and interest in and to any such takingaward, provided except that (i) Tenant shall have be entitled to claim, prove and receive in the right to terminate this Lease proceedings such awards as may be allowed for moving expenses, loss of profit and fixtures and other equipment installed by notice to Landlord given within ninety (90) days after it which shall not, under the date terms of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, be or become the Lease shall terminate on property of Landlord at the thirtieth (30th) day after either termination hereof, but only if such notice. The Rent awards shall be prorated to made by the date of termination. If this Lease continues condemnation, court or other authority in force upon such partial takingaddition to, and be stated separately from, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to award made by it for the remaining Rentable Area of the Premises and ProjectProperty or part thereof so taken.

Eminent Domain. a. If the whole or any part of the Building Hotel or Premises is lawfully shall be taken by condemnation eminent domain, or if a conveyance or other acquisition in any other manner for any public lieu of such exercise of eminent domain is made (all of which are referred to herein as “condemnation”) prior to notice of exercise of Tenant’s Option to Purchase Premises or quasi-public purposeLandlord’s Option to Sell Premises, this Lease shall terminate as to the part condemned as of the date title vests in the condemning authority or it takes possession, whichever first occurs. If any portion of the floor area of the improvements of the Hotel that would materially interfere with Tenant’s continued use and operation of the Hotel, more than thirty percent (30%) of the land area of the Premises that is not occupied by any improvements, or more than twenty-five percent (25%) of the on-Premises parking is taken by condemnation, Tenant may, if it so elects by written notice delivered to Landlord within ten (10) days after Landlord shall have given Tenant written notice of such takingtaking (or in the absence of such notice, and Rent within ten (10) days after the condemning authority shall be prorated to have taken possession), terminate this Lease in its entirety as of the date the condemning authority takes such datepossession. If less than Tenant does not terminate this Lease in its entirety in accordance with the whole of the Building or Premises is so takenforegoing, this Lease shall remain in full force and effect as to the portion of the Premises and Hotel remaining. Subject to the rights of the parties pursuant to Section 5.13.2 and this Section 9.2, any award for the condemnation of all or any part of the Premises or Hotel or any payment made under threat of condemnation shall be unaffected the property of Landlord, 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, but Tenant shall be entitled to any award for loss of or damage to Tenant’s trade fixtures and removable personal property, and moving expenses. In the event that this Lease is not terminated by reason of such condemnation, and any damage to the portion of the Premises or Hotel remaining can be repaired, Landlord shall pay over to Tenant all proceeds received by Landlord and Tenant shall, to the extent such proceeds paid over to Tenant are sufficient, repair any damage to the Premises or Hotel caused by such takingcondemnation. In the event this Lease is not terminated by reason of such condemnation, provided that but the Premises or Hotel cannot be restored to their condition existing prior thereto, all proceeds thereof shall be paid to Landlord’s mortgagee to reduce Landlord’s indebtedness to such mortgagee and the Premises Purchase Price shall be reduced by the amount of such proceeds. In the event this Lease is terminated as a result of a condemnation, (i) the proceeds shall be applied first to payment to Landlord’s mortgagee to the extent of the outstanding indebtedness of Landlord to such mortgagee, and then any balance of such proceeds remaining thereafter shall be paid to Tenant shall have to reimburse Tenant the right to terminate portion of all Base Rent payments paid during the Term or any Additional Term of this Lease attributable to the principal amount of Landlord’s Construction Costs, exclusive of any interest earned by notice to Landlord given within ninety (90) days after at the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, rates agreed upon herein and (ii) Landlord any portion of the Hotel and Premises remaining shall have the right to terminate this Lease by notice be conveyed to Tenant given within ninety as provided in Section 5.13.2 hereof (90) days after the date of such taking. If either Landlord or except Tenant so elects shall not be required to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area pay any of the Premises and ProjectPurchase Price).

Eminent Domain. a. (a) If the whole all or part of the Building or Demised Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeuse by virtue of the exercise of the power of eminent domain or by private purchase in lieu thereof, this Lease shall terminate as to the part so taken as of the date of such taking, and Rent shall be prorated to such date. If less than and, in the whole case of the Building or Premises is so taken, this Lease shall be unaffected by such a partial taking, provided that (i) either Landlord or Tenant shall have the right to terminate this Lease as to the balance of the Demised Premises by written notice to Landlord given the other within ninety thirty (9030) days after such date; provided, however, that a condition to the exercise by Tenant of such right to terminate shall be either (i) that more than fifteen percent (15%) of the Demised Premises was taken or (ii) that the portion of the Demised Premises taken shall be of such extent and nature as substantially to handicap, impede or impair, in Tenant's reasonable opinion, Tenant's use of the balance of the Demised Premises or (iii) that more than fifteen percent (15%) of the parking spaces for the Building were taken, unless within thirty (30) days after the date of such taking if twenty percent Taking Landlord shall notify Tenant of its intention to replace the parking spaces, and such replacement is provided within one hundred fifty (20%150) or more days of such notice. If title to so much of the Premises Building is taken that a reasonable amount of reconstruction thereof will not in Landlord's sole discretion result in the Building being a practical improvement and reasonably suitable for use for the remaining area of the Premises purpose for which it is not reasonably sufficient for Tenant to continue operation of its businessdesigned, and (ii) Landlord shall have the right to terminate then this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to date that the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area condemning authority actually takes possession of the Premises and Projectpart so condemned or purchased.

Eminent Domain. a. If If, prior to the whole Closing, a taking by eminent domain of all or any portion of the Building Land or Premises Improvements is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as of the date of such takingpending, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that taking would (i) materially and adversely interfere with the use of the Property for its current permitted uses, (ii) materially and adversely affect ingress, egress or parking for the Property or any Tenant’s access to its space, (iii) would permit the termination of any Lease by any Government Tenant or Major Non-Government Tenant, or (iv) has a value exceeding one percent (1%) of the Purchase Price (each a “Material Taking”), Buyer or Seller shall have the right right, by delivering written notice to the other within ten (10) days after Seller delivers written notice to Buyer of such pending taking, to terminate this Lease by notice Agreement, in which event the Deposit and all interest thereon shall be returned to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such takingBuyer. If either Landlord or Tenant so neither party elects to terminate this LeaseAgreement or if the taking would not result in or cause a Material Taking, then this Agreement shall remain in effect, and Seller shall assign to Buyer at Closing its rights to the Lease compensation and damages due Seller on account of such taking (and will not settle any proceedings relating to such taking without Buyer’s prior written consent) and Seller shall terminate on have no further responsibility to Buyer for such taking. Seller shall promptly (and in any event prior to the thirtieth (30thClosing) day after either such noticenotify Buyer of any condemnation affecting the Property. The Rent provisions of this Section 12 shall be prorated supersede the provisions of any applicable laws with respect to the date subject matter of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectSection 12.

Eminent Domain. a. If the whole all or any part of the Building Premises shall be taken as a result of the exercise of the power of eminent domain or Premises is lawfully taken sold by condemnation or in any other manner for any public or quasi-public purposeLandlord under threat thereof, this Lease shall terminate as to the part so taken as of the date of such taking or sale and, in the case of a partial taking, and Rent shall be prorated to such date. If less than the whole of the Building either Landlord or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease as to the balance of the Premises by notice to Landlord given the other within ninety (90) 30 days after such date if the date of such taking if twenty percent (20%) or more portion of the Premises is taken shall be of such extent and nature as substantially to handicap, impede or impair Tenaxx'x xse of the remaining area balance of the Premises is not reasonably sufficient for Tenant Tenant's purposes. In the event of any taking or such sale, Landlord shall be entitled to continue operation of its businessany and all compensation, damages, income, rent, awards, or any interest therein whatsoever which may be paid or made in connection therewith, and (ii) Landlord Tenant shall have no claim against Landlord for the right to terminate value of any unexpired term of this Lease by notice to Tenant given within ninety (90) days after or otherwise. In the date event of such taking. If either Landlord or Tenant so elects to terminate a partial taking of the Premises which does not result in a termination of this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall monthly rental thereafter to be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share paid shall be equitably adjusted according reduced on a pro rata basis based upon relative area. Nothing herein contained shall be deemed or construed to prevent Tenant from prosecuting in any condemnation proceedings a claim for the value of any fixtures or improvements installed in or made to the remaining Rentable Area premises by Tenant, or for its costs of moving or loss of business by reason of such condemnation; provided the Premises and Projectaward from any such claim does not diminish the award otherwise payable to Landlord.

Eminent Domain. a. 12. If the whole or any substantial part of the demised premises or the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, then the term of this Lease shall terminate as of cease on the part so taken on the date possession of that part shall be required for public use, and any rent paid in advance of such takingdate shall be refunded to Tenant, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Landlord and Tenant shall each have the right to terminate this Lease by upon written notice to Landlord given the other, which notice shall be delivered within ninety thirty (9030) days after following the date of such taking if twenty percent (20%) or more of the Premises notice is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date received of such taking. If either Landlord or Tenant so elects to In the event that neither party hereto shall terminate this Lease, Landlord shall, to the Lease extent the proceeds of the condemnation award (other than any proceeds awarded for the value of any land taken) are available, make all necessary repairs to the demised premises and the Building to render and restore the same to a complete architectural unit and Tenant shall terminate on continue in possession of the thirtieth (30th) day after either such notice. The Rent portion of the demised premises not taken under the power of eminent domain, under the same terms and conditions as are herein provided, except that the rent reserved herein shall be prorated reduced in direct proportion to the date amount of terminationthe demised premises so taken. If this Lease continues All damages awarded for taking shall belong to and be the property of Landlord, whether such damages be awarded as compensation for diminution in force upon such partial taking, value of the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according leasehold or to the remaining Rentable Area fee of the Premises demised premises; provided, however, Landlord shall not be entitled to any portion of the award made to Tenant for removal and Projectreinstallation of trade fixtures, loss of business, or moving expenses.

Eminent Domain. a. If If, before the whole Close of Escrow, proceedings are commenced for the taking by exercise of the Building power of eminent domain of all or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as a material part of the date Real Property which, as reasonably determined by Buyer, would render the Real Property unacceptable to Buyer or unsuitable for Buyer’s intended use, Buyer shall have the right, by giving written notice to Seller within thirty (30) days after Seller gives notice of the commencement of such takingproceedings to Buyer, and Rent to terminate this Agreement, in which event this Agreement shall automatically terminate, the Deposit shall be prorated returned to such dateBuyer without any further action required from either party, Buyer and Seller shall each be liable for one-half of any escrow fees or charges and neither party shall have any continuing obligations hereunder. If If, before the Close of Escrow, proceedings are commenced for the taking by exercise of the power of eminent domain of less than the whole a material part of the Building Real Property, or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have if Buyer has the right to terminate this Lease by Agreement pursuant to the preceding sentence but Buyer does not exercise such right, then this Agreement shall remain in full force and effect and, on the Close of Escrow, the condemnation award (or, if not theretofore received, the right to receive such portion of the award) payable on account of the taking shall be assigned, or paid to, Buyer. Seller shall give written notice to Landlord given Buyer within ninety three (903) business days after the date of such taking if twenty percent (20%) or more Seller’s receiving notice of the Premises is taken and commencement of any proceedings for the remaining area taking by exercise of the Premises is not reasonably sufficient for Tenant to continue operation power of its businesseminent domain of all or any part of the Real Property. The foregoing notwithstanding, and (ii) Landlord in the event the taking results in the cancellation of, or rent abatement under, any Lease, Buyer shall have the right option to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectAgreement.

Eminent Domain. a. (a) If the whole or any substantial part of the Premises or the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, then the term of this Lease shall terminate as of cease on the part so taken on the date possession of that part shall be required for public use, and any Rent paid in advance of such takingdate shall be refunded to Tenant, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Landlord and Tenant shall each have the right to terminate this Lease by upon written notice to Landlord given the other, which notice shall be delivered within ninety (90) thirty days after following the date of such taking if twenty percent (20%) or more of the Premises notice is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date received of such taking. If either Landlord or Tenant so elects to In the event that neither party hereto shall terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated Landlord shall, to the date extent the proceeds of termination. If this Lease continues in force upon such partial takingthe condemnation award (other than any proceeds awarded for the value of any land taken) are available, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according make all necessary repairs to the remaining Rentable Area Premises and the Building to render and restore the same to a complete architectural unit and Tenant shall continue in possession of the portion of the Premises not taken under the power of eminent domain, under the same terms and Projectconditions as are herein provided, except that the Rent reserved herein, Tenant’s Share pursuant to Section 1(h) hereof shall be reduced in direct proportion to the amount of the Premises so taken. All damages awarded for such taking shall belong to and be the property of Landlord, whether such damages be awarded as compensation for diminution in value of the leasehold or to the fee of the Premises; provided, however, Landlord shall not be entitled to any portion of the award made to Tenant for removal and reinstallation of trade fixtures or moving expenses.

Eminent Domain. a. (a) If the whole or any substantial part of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, then the Term of this Lease shall terminate as of cease on the part so taken on the date possession of that part shall be required for public use, and any Rent paid in advance of such takingdate shall be refunded to Tenant, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Landlord and Tenant shall each have the right to terminate this Lease by upon written notice to Landlord given the other, which notice shall be delivered within ninety thirty (9030) days after following the date of such taking if twenty percent (20%) or more of the Premises notice is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date received of such taking. If either Landlord or Tenant so elects to In the event that neither party hereto shall terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated Landlord shall, to the date extent the proceeds of termination. If this Lease continues in force upon such partial takingthe condemnation award (other than any proceeds awarded for the value of any land taken) are available, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according make all necessary repairs to the remaining Rentable Area Building to render and restore the same to a complete architectural unit and Tenant shall continue in possession of the portion of the Premises not taken under the power of eminent domain, under the same terms and Projectconditions as are herein provided, except that the Rent reserved herein, Tenant’s Share pursuant to Section 1 (k) hereof shall be reduced in direct proportion to the amount of the Premises so taken. All damages awarded for such taking shall belong to and be the property of Landlord, whether such damages be awarded as compensation for diminution in value of the leasehold or to the fee of the Premises; provided, however, Landlord shall not be entitled to any portion of the award made to Tenant for loss of business, removal and reinstallation of trade fixtures or moving expenses.

Eminent Domain. a. If the whole of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, this Lease shall terminate as of from the date of such taking, and Rent day possession shall be prorated to taken for such date. If less than public purpose and the whole of the Building or Premises is so taken, this Lease Lessee shall be unaffected by such taking, provided that (i) Tenant shall have the right liable for rental only up to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Leasea part only of the Premises and the Building shall be taken by any public authority under the power of eminent domain, the Lease Term shall terminate on cease from the thirtieth (30th) day after either such notice. The Rent possession shall be prorated taken for such public purpose insofar as the premises so taken comprise part of the Premises, and the Lessee shall be liable only for rent in respect of the part of the Premises so taken up to the date of termination. If this Lease continues in force upon such partial takingthe taking and, if the remainder of the Premises shall be suitable for the purposes of the Lessee, the Base Rent and Tenant's Proportionate Share Lessee shall be equitably adjusted according to remain in possession of the remaining Rentable Area remainder of the Premises and Projectthe rent payable hereunder shall be reduced in the proportion that the area of the Premises so taken bears to the entire area of the Premises. If the remainder of the Premises shall be unsuitable for the purposes of the Lessee, the Lessee shall be entitled to terminate this Lease as at the date of such taking and the Lease and Rent shall cease and terminate at such date. All compensation or damages awarded in respect of such taking of the Premises and any diminution in value of the remainder thereof shall be the property of the Lessor, but the Lessee shall be entitled to receive such compensation or damages as it may be able to establish against such public authority in respect of loss of occupancy and its leasehold improvements. Upon a termination pursuant to this section, Lessor shall return any prepaid rent to Lessee within seven (7) days of such termination.

Eminent Domain. a. If Except as hereinafter provided, if the whole of Premises, or such portion thereof as to render the Building or Premises is lawfully balance (if reconstructed to the maximum extent practicable in the circumstances) unsuitable for continued occupancy for the purposes contemplated under this Lease, shall be taken by condemnation or in any other manner for any public or quasi-public purposeright of eminent domain, this Lease shall terminate as of the date of such taking, Landlord and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall each have the right to terminate this Lease by notice to Landlord the other of its desire to do so, provided that such notice is given within ninety not later than thirty (9030) days after receipt by the Tenant of notice of the effective date of such taking if twenty percent (20%) or more taking. If so much of the Premises is Building shall be so taken and that the remaining area of Landlord reasonably determines, in good faith, that it would be necessary to substantially alter the Premises is Building so that a rebuilt Building will not reasonably sufficient for Tenant be substantially similar to continue operation of its businessthe Building before such taking, and (ii) the Landlord shall have the right to terminate this Lease by giving notice to the Tenant given within ninety of the Landlord’s desire to do so not later than thirty (9030) days after the effective date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area Should any part of the Premises be so taken or condemned during the Term, and Projectshould this Lease be not terminated in accordance with the foregoing provisions, the Landlord agrees to use reasonable efforts to put what may remain of the Premises into proper condition for use and occupation as nearly like the condition of the Premises prior to such taking as shall be practicable, subject, however, to applicable laws and codes then in existence. The Landlord shall have no obligation to expend in the aforesaid restoration more than the proceeds of any award received in any condemnation or eminent domain proceeding, or any sum paid in lieu thereof.

Eminent Domain. a. (a) If the whole or any substantial part of the Building or Premises is lawfully Development shall be taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, then the term of this Lease shall terminate as of cease on the part so taken on the date possession of that part shall be required for public use, and any Rent paid in advance of such takingdate shall be refunded to Tenant, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Landlord and Tenant shall each have the right to terminate this Lease by upon written notice to Landlord given the other, which notice shall be delivered within ninety thirty (9030) days after following the date of such taking if twenty percent (20%) or more of the Premises notice is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date received of such taking. If either Landlord or Tenant so elects to In the event that neither party hereto shall terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated Landlord shall, to the date extent the proceeds of termination. If this Lease continues in force upon such partial takingthe condemnation award (other than any proceeds awarded for the value of any land taken) are available, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according make all necessary repairs to the remaining Rentable Area Development to render and restore the same to a complete architectural unit and Tenant shall continue in possession of the portion of the Premises not taken under the power of eminent domain, under the same terms and Projectconditions as are herein provided, except that the Rent reserved herein, Xxxxxx’s Share pursuant to Section 1(k) hereof and the parking spaces pursuant to Section 1(p) hereof shall each be reduced in direct proportion to the amount of the Premises so taken. All damages awarded for such taking shall belong to and be the property of Landlord, whether such damages be awarded as compensation for diminution in value of the leasehold or to the fee of the Premises; provided, however, Landlord shall not be entitled to any portion of the award made to Tenant for loss of business, removal and reinstallation of trade fixtures or moving expenses.

Eminent Domain. a. If the whole of Should the Building or Premises is lawfully any part thereof be taken by condemnation eminent domain and such taking (or damage caused by such taking) is of the type which entitles Prime Lessor or Sublessor to terminate the Prime Lease and either such party elects to terminate the Prime Lease, then, and in any other manner for any public or quasi-public purposethat event, this the Prime Lease shall terminate cease and come to an end and this Sublease shall cease and come to an end, and the Rent shall be apportioned as of the date of such taking, and Rent shall be prorated to such datethe termination notice. If less than any such taking renders the whole remaining portion of the Building or Premises is so takenunsuitable for the purposes of Sublessee (in Sublessee's reasonable judgment), this Lease shall be unaffected by such taking, provided that (i) Tenant then Sublessee shall have the right to terminate this Lease Sublease by written notice to Landlord given Sublessor which shall be within ninety sixty (9060) days after of the public recording of such taking. In the event of termination by Sublessee as set forth above, the Rent shall be apportioned as of the date of such termination notice. In addition, if any taking if twenty percent (20%) or more is of the Premises is taken and type which would entitle Sublessor to terminate the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its businessPrime Lease, and (ii) Landlord Sublessee shall have the right to terminate this Lease Sublease by giving both Sublessor and the Prime Lessor written notice to Tenant given within ninety (90) days after the date of such takingtermination within the applicable notice period set forth in Section 17A of the Prime Lease. If either Landlord or Tenant so elects to terminate this In the event of a taking described in Section 17A of the Prime Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial takingrent and other charges payable hereunder, the Base Rent or a fair and Tenant's Proportionate Share shall be equitably adjusted just proportion thereof according to the remaining Rentable Area nature and extent of the loss of use, shall be suspended or abated, but only to the extent that Sublessor is also entitled to an abatement or suspension under the Prime Lease on account of such taking that is equitably allocable to the Premises subleased hereunder. Sublessor reserves, and ProjectSublessee grants to Sublessor all rights which the Sublessee may have for damages or injury to the Premises for any taking by eminent domain, except for damage to the Sublessee's fixtures, personal property or equipment, if any, the Sublessee's right to relocation expenses, if any, and the Sublessee's right for business interruption, if any.

Eminent Domain. a. If In the whole event any part of the Building or Premises is lawfully shall be taken by condemnation or in any other manner authority under the power of eminent domain, then the Term of this Lease shall cease on the part so taken on the day that possession of that part shall be required for any public or quasi-public purpose, this Lease shall terminate as of the date of such taking, purpose and Minimum Rent shall be prorated paid to such date. If that day and from that day the monthly rental herein reserved shall be reduced in proportion to the amount of the Premises taken; provided, however, that in the event less than the whole of the Building Premises be so taken and by virtue of such taking the remaining portion of the Premises in Tenant’s reasonable business judgment, shall in fact no longer be useful practicably for purposes for which the same had been used by or Premises is so takenunder the authority of Tenant, this Lease shall be unaffected by such takingthen, provided that (i) Tenant shall have the right to terminate this Lease by option, upon written notice to Landlord be given within ninety sixty (9060) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date Compensation and damages awarded or proceeds of termination. If this Lease continues sale in force upon such lieu of condemnation for a partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area or total taking of the Premises shall belong to and Projectbe the sole property of Landlord provided, however, that Tenant shall be entitled to receive from the condemning authority by separate award, all awards made for (i) the value of Tenant’s leasehold interest for the remainder of the existing Term, (ii) the value of the taking of or damage to Tenant’s improvements, including Tenant’s building, trade fixtures, improvements, equipment and personal property for the remainder of the existing Term, (iii) the value of Tenant’s loss of business and goodwill, (iv) severance damages, if any, to the remainder of Tenant’s leasehold in the event of partial condemnation, and (v) compensation for Tenant’s relocation costs, if any.

Eminent Domain. a. If the whole of the Building or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as of the date of such taking, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty fifty percent (2050%) or more of the Premises is taken and the remaining floor area of the Leased Premises is not reasonably sufficient shall be taken or condemned by any government authority (including, for Tenant to continue operation purposes of its businessthis Article, and (iiany purchase by such government authority in lieu of a taking) Landlord shall have the right then either party may elect to terminate this Lease by giving notice to Tenant given within ninety the other party not more than sixty (9060) days after the date of on which such title shall vest in the authority. If the parking facilities are reduced below the minimum parking requirements imposed by the applicable authorities, Landlord may elect to terminate this Lease by giving Tenant notice within one hundred twenty (120) days after such taking. If either In addition, if the lease of any Major Tenant or the leases of tenants occupying more than fifty percent (50%) of the leasable area of the Retail Development shall terminate, pursuant to such taking, condemnation or purchase in lieu thereof, Landlord or Tenant so elects to may terminate this LeaseLease by written notice to the other party within sixty (60) days after notice to Landlord of such termination. In the case of any taking or condemnation, whether or not the term of this Lease shall cease and terminate, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent entire award shall be prorated the property of Landlord; provided, however, Tenant shall be entitled to any award as may be made for trade fixtures and other equipment (not including any Tenant's Work required or permitted under this Lease) which under the date terms of termination. If this Lease continues would not have become the property of Landlord; further provided, that any such award to Tenant shall not be in force upon diminution of any award otherwise to be made to Landlord in the absence of such partial taking, the Base Rent and award to Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Project.

Eminent Domain. a. If In the whole event that all or any substantial part of the Building Premises or Premises its common areas is lawfully taken (other than for temporary use, hereafter described) by condemnation public authority under power of eminent domain (or by conveyance in any other manner for any public lieu thereof), then Rent shall be proportionately abated and by notice given within three (3) months following the recording of such taking (or quasi-public purposeconveyance) in the appropriate registry of deeds, this Lease shall terminate as of the date of may be terminated at Landlord’s or Tenant’s election thirty (30) days after such takingnotice, and Rent shall be prorated to such date. If less than the whole apportioned as of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial takingis not terminated as aforesaid, the Base Rent and Tenant's Proportionate Share Landlord shall be equitably adjusted according to the remaining Rentable Area within a reasonable time thereafter, diligently restore what may remain of the Premises (excluding any Tenant Property or other items installed or paid for by Tenant that Tenant is permitted or may be required to remove upon expiration but including any Initial Tenant Improvements and Project.Tenant Work in the nature of leasehold improvements) to a tenantable condition. In the event some portion of rentable floor area of the Premises is taken (other than for temporary use) and this Lease is not terminated, Rent for the portion thereof not restored shall be proportionally abated for the remainder of the Term. In the event of any taking of the Premises or any part thereof for temporary use, (i) this Lease shall be and remain unaffected thereby and rent shall not xxxxx, and (ii) Tenant shall be entitled to receive for itself such portion or portions of any award made for such use with respect to the period of the taking that is within the Term. As used herein, a Execution

Eminent Domain. a. If the whole of the entire Building or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purposeeminent domain, this Lease Agreement shall automatically terminate as of the date of such taking, and Rent shall be prorated to such date. If less than the whole a portion of the Building or Premises is so takentaken by eminent domain, this Lease shall be unaffected by such taking, provided that (i) Tenant the Landlord shall have the right to terminate this Lease by Agreement, provided it gives written notice thereof to Landlord given the Tenant within ninety (90) days after the date of such taking if twenty percent (20%) or more taking. If a portion of the Premises is taken by eminent domain and the remaining area of the Premises this Lease Agreement is not reasonably sufficient for terminated by Landlord, Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by Agreement, provided it gives written notice thereof to Tenant given Landlord within ninety (90) days after of the date of such taking. If either neither Landlord or nor Tenant so elects terminates, then the Landlord shall, at its expense, restore the Premises to terminate this Lease, as near the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated condition which existed immediately prior to the date of termination. If this Lease continues taking as reasonably possible, and the rentals shall xxxxx during such period of time as the Premises are untenantable, in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to proportion that the remaining Rentable Area untenantable portion of the Premises bears to the entire Premises. All damages awarded for such taking under the power of eminent domain shall belong to and Projectbe the sole property of Landlord, irrespective of the basis upon which they are awarded, provided, however, that nothing contained herein shall prevent Tenant from making a separate claim to the condemning authority for its moving expenses and trade fixtures. For purposes of this Article, a taking by eminent domain shall include Landlord’s giving of a deed under threat of condemnation, and shall be deemed to occur on the earlier of the date fee simple title has vested or possession has been obtained by the taking authority.

Eminent Domain. a. 15.1 If the whole all or any part of the Building Premises shall be taken as a result of the exercise of the power of eminent domain or Premises is lawfully taken by condemnation or any transfer in any other manner for any public or quasi-public purposelieu thereof, this Lease shall terminate as to the part so taken as of the date of such taking, and Rent shall be prorated to such date. If less than and, in the whole case of the Building or Premises is so taken, this Lease shall be unaffected by such a partial taking, provided that (i) either Landlord or Tenant shall have the right to terminate this Lease as to the balance of the Premises by written notice to Landlord given the other within ninety thirty (9030) days after such date, provided, however, that a condition to the date exercise by Tenant of such taking if twenty percent (20%) or more right to terminate shall be that the portion of the Premises is taken shall be of such extent and the remaining area nature as substantially to handicap, impede or impair Tenant's use of the Premises is not reasonably sufficient for Tenant to continue operation balance of its businessthe Premises. If any material part of the Project shall be taken as a result of the exercise of the power of eminent domain or any transfer in lieu thereof, and (ii) Landlord shall have the right to terminate this Lease by written notice to Tenant given within ninety thirty (9030) days after of the date of such taking. If either In the event of any taking, Landlord shall be entitled to any and all compensation, damages, income, rent, awards, or any interest therein whatsoever which may be paid or made in connection therewith, and Tenant so elects shall have no claim against Landlord for the value of any unexpired term of this Lease or otherwise; provided that Landlord shall have no claim to terminate any portion of the award that is specifically allocable to Tenant's relocation expenses or the interruption of or damage to Tenant's business. In the event of a partial taking of the Premises which does not result in a termination of this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share Additional Charges thereafter to be paid shall be equitably adjusted according to the remaining Rentable Area of the Premises and Projectreduced.

Eminent Domain. a. If the whole of the Building Project or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as of the date of such taking, and Rent shall be prorated to such date. If less than the whole of the Building Project or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by written notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, or if such portion of the Project other than the Premises is taken which makes it reasonably impossible for Tenant to carry on its operations, and (ii) Landlord shall have the right to terminate this Lease by written notice to Tenant given within ninety (90) days after the date of such takingtaking if the taking shall include the Building of which the Premises are a part. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of terminationTermination. If this Lease continues in force upon such partial taking, the Annual Base Rent and Tenant's Proportionate Share of Project Operating Expenses shall be equitably adjusted according to the remaining Rentable Area of the Premises and Project.

Eminent Domain. a. If the whole of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public authority under the power of eminent domain, or quasi-public purposepurchased by the condemnor in lieu thereof, then the Term of this Lease shall terminate cease as of the date title or possession is taken by such public authority. If only part of such taking, and Rent the Premises shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall terminate only as to the portion taken, and shall continue in full force and effect as to the remainder of the Premises, and after the effective date of the taking the Monthly Minimum Rent and any additional rent as provided in this Lease payable by Lessee to Lessor hereunder shall be unaffected reduced proportionately; provided, however, if the remainder of the Premises cannot be made tenantable for the purposes for which Lessee has been using the Premises or if more than twenty-five percent (25%) of the rentable square footage of the Premises shall be so taken, or the Common Areas necessary for Lessee's conduct of its business at the Premises is so taken, then either party, by written notice to the other, given at least thirty (30) days prior to the date that possession must be surrendered to the public authority may terminate this Lease effective as of such surrender of possession. Unless this Lease is terminated by virtue of a taking pursuant to this Section, Lessor shall as soon after the taking as may be reasonably possible, at its sole expense, make all repairs and alterations to the Premises and the Common Areas necessitated by such taking. In such event, provided Lessee shall continue to utilize the Premises for the operation of its business to the extent that it may be practicable to do so in Lessee's business judgment. If Lessee continues doing business at the Premises prior to the completion of repair and restoration work by Lessor, the rent payable hereunder by Lessee shall be equitably abated based on the proportion that the unusable part of the Premises bears to the whole thereof. In the event Lessee does not continue doing business at the Premises prior to the completion of repair or restoration work by Lessor, all rent and any and all other charges payable hereunder by Lessee shall xxxxx from the time of the actual taking, sale or any disturbance of Lessee's possession of the Premises, until completion of such repair and restoration work by Lessor, and the expiration of such further reasonable time as shall be necessary to enable Lessee to resume doing business at the Premises. Lessee may terminate this Lease by giving Lessor thirty (i30) Tenant days' prior written notice in the event Lessor does not or is unable to complete its repair and/or restoration of the Premises and the Common Areas within one hundred eighty (180) days after the taking for any reason whatsoever. In the event of any taking, whether whole or partial, Lessor shall be entitled to all awards, settlements, or compensation which may be given for the Land and Building. Lessee shall have no claim against Lessor for the value of any unexpired Term of this Lease. Lessee shall have the right to terminate this Lease by notice seek an independent and separate award from the condemning authority so long as such award does not diminish the amount of the award payable to Landlord given within ninety (90) days after Lessor for the date loss of goodwill, business interruption, cost of removal and decrease in value, as a result of such taking if twenty percent (20%) or more of the Premises is taken Lessee's trade fixtures, equipment and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of stock-in-trade located at the Premises and Projectthe value of the leasehold of which it is deprived for the remainder of the Term of this Lease.

Eminent Domain. a. If the whole all or a substantial part of the Building or Premises is lawfully should be taken by condemnation or in any other manner for any public or quasi-public purposeuse under governmental law, this Lease shall terminate as ordinance, or regulation, or by right of the date of such takingeminent domain (a “Taking”), and Rent shall be prorated to such date. If less than the whole of the Building then Landlord or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by upon written notice to Landlord given the other within ninety thirty (9030) days after notice of such Taking, in which event this Lease shall terminate, and the Annual Base Rent shall be apportioned, as of the date of such taking if twenty percent (20%) or more Taking. If a Taking of any part of the Premises is taken and the remaining area Project (exclusive of the Premises is not reasonably sufficient for Tenant to continue Premises) shall occur and, in Landlord’s reasonable judgment, such Taking would materially interfere with or impair Landlord’s operation of its businessthe Project, and (ii) then Landlord shall have the right to terminate this Lease by upon written notice to Tenant given within ninety thirty (9030) days after the date of such taking. If either Landlord or Tenant so elects to terminate Taking, in which event this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The and Annual Base Rent shall be prorated to apportioned as of the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area a Taking of less than all of the Premises shall occur, and Projectthis Lease is not terminated as provided above, the Annual Base Rent payable hereunder during the unexpired Term shall be reduced based on the portion of the Premises taken. If a Taking of any part of the Project (exclusive of the Premises) shall occur, and this Lease is not terminated by Landlord as provided above, the Annual Base Rent payable hereunder during the unexpired Term shall be not reduced.

Eminent Domain. a. If In case the whole of the Premises, or such part thereof as, in the reasonable determination of Landlord, shall substantially interfere with Tenant's use and occupation thereof, or such portion of the Building or Premises is lawfully Project as, in the reasonable determination of Landlord, shall substantially interfere with Landlord's ability to perform its obligations under this Lease, shall be taken by condemnation or in any other manner for any public or quasi-public purposepurpose by any lawful, this Lease shall terminate as power or authority by exercise of the date right of appropriation, condemnation or eminent domain, or be sold in lieu of or to prevent such taking, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant either party shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after effective as of the date possession is required to be surrendered to said authority. In the case of such a taking if twenty percent (20%) or more of a portion of the Premises is Promises, in the event the amount of property or the type of estate taken and shall not, in the remaining area reasonable determination of Landlord, substantially interfere with the conduct of Tenant's business, Landlord shall promptly proceed to restore the Premises is not reasonably sufficient for Tenant to continue operation of its businesssubstantially their same condition prior to such partial taking (less the portion thereof lost in such condemnation), and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according proportionately reduced by the portion of Premises which Tenant shall have been deprived of on account of said taking, effective as of the date possession is required to be surrendered to the remaining Rentable Area condemning authority. In the event, however, that such taking is for temporary use only, this Lease shall continue in full force and effect, and Tenant shall continue to comply with all of the provisions hereof, except as such compliance shall be rendered impossible or impracticable by reason of such temporary taking. Rent shall xxxxx during the course of a temporary taking of the Premises or a portion thereof to the extent and Projectfor the period of time that the Premises or portion thereof so taken shall have been rendered untenantable.

Eminent Domain. a. 17.1. If after the execution of the Sublease and prior to the expiration of the ----- term of this Sublease, the whole of the Building or Subleased Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeunder the power of eminent domain, then the term of this Lease Sublease shall terminate cease as of the date time when Sublessor shall be divested of its title in the Subleased Premises, and all rent shall be apportioned and adjusted as of the time of termination. 17.2. If only a part of the Subleased Premises shall be taken under the power ----- of eminent domain, then if as a result thereof the Subleased Premises shall not be reasonably adequate for the operation of the business conducted in the Subleased Premises prior to the taking, Sublessor or Sublessee may, at its election, terminate the term of this Sublease by giving the other notice of the exercise of its election within thirty (30) days after it shall receive notice of such taking, and Rent the termination shall be prorated to such date. If less than the whole effective as of the Building or Premises time that Sublessee is so takendispossessed, this Lease and all rent shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more apportioned and adjusted as of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date time of termination. If this Lease continues in force upon such partial taking, only a part of the Base Rent and Tenant's Proportionate Share Subleased Premises shall be equitably adjusted taken under the power of eminent domain, and if the term of this Sublease shall not be terminated as aforesaid, then the term of this Sublease shall continue in full force and effect, and Sublessor shall, within a reasonable time after possession is required for public use, repair and rebuild what may remain of the leased Premises so as to put the same into condition for use and occupancy by Sublessee, and a just proportion of all rent according to the remaining Rentable Area nature and extent of the injury to the Subleased Premises shall be abated for the balance of the term of this Sublease. All awards attributable to the Sublessee's loss of leasehold improvements or trade fixtures or other awards directly related to the Sublessee's business shall be the property of the Sublessee. 17.3. Sublessor reserves to itself, and Project.Sublessee assigns to Sublessor, all ----- rights to damages accruing on account of any taking under the power of eminent domain or by reason of any act of any public or quasi public authority for which damages are payable. Sublessee agrees to execute such instruments of assignment as may be reasonably required by Sublessor in any proceeding for the recovery of damages that may be recovered in such proceeding. It is agreed and understood, however, the Sublessor does not reserve to itself, and Sublessee does not assign to Sublessor, any damages payable for movable trade fixtures installed by Sublessee or anybody claiming under Sublessee at its own cost and expense, or any awards attributable to the Sublessee's loss of leasehold improvements or trade fixtures or other awards directly related to the Sublessee's business which shall be the property of the Sublessee. 35 <PAGE> ARTICLE 18

Eminent Domain. a. If (1) the whole or more than fifty percent (50%) of the Building floor area of the Premises shall be taken or Premises is lawfully taken condemned by condemnation or in any other manner Eminent Domain for any public or quasi-public use or purpose, and either party shall elect, by giving written notice to the other, or (2) more than twenty-five percent (25%) of the floor area of the Building shall be so taken, and Landlord shall elect, in its sole discretion, by giving written notice to Tenant to terminate this Lease, then, in either such event, the Term of this Lease shall cease and terminate as of the date of such taking, and Rent title vesting. Any written notice given pursuant to the preceding sentence shall be prorated to such date. If less given not more than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that sixty (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (9060) days after the date on which title has vested in the condemner. In case of any taking or condemnation, whether or not the Term of this Lease shall cease and terminate, the entire award shall be the property of Landlord, and Tenant hereby assigns to Landlord all its right, title and interest in and to any such award, except that Tenant shall be entitled to claim, prove and receive in the proceedings such awards as may be allowed for moving expenses. loss of profit and fixtures and other equipment installed by it which shall not, under the terms of this Lease, be or become the property of Landlord at the termination hereof, but only if such awards shall be made by the condemnation, court or other authority in addition to, and be stated separately from, the award made by it for the Property or part thereof so taken. Notwithstanding anything contrary contained in this Lease, if after a taking if twenty percent (20%) or more by Eminent Domain, in Tenant's determination, the remainder of the Premises building is taken and unsuitable for its needs, the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the has a right to terminate this the Lease by giving at least thirty days (30) notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectLandlord.

Eminent Domain. a. If the whole of the entire Building or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purposeeminent domain, this Lease Agreement shall automatically terminate as of the date of such taking, and Rent . In the event twenty percent (20%) of the Premises shall be prorated to condemned by any competent authority under power of eminent domain or conveyed in anticipation or in lieu of such date. If less than the whole of the Building or Premises is so takencondemnation, this Lease shall be unaffected by such taking, provided that (i) Tenant then either party shall have the right to terminate this Lease Agreement by written notice to Landlord the other given within ninety thirty (9030) days after of the effective date of the taking or deed in lieu thereof. All rentals and other amounts payable by Tenant hereunder shall be apportioned as of the date of such taking if twenty percent (20%) the termination of this Lease Agreement, and any excess rentals or more other amounts paid in advance shall be repaid to Tenant. If a portion of the Premises is taken by eminent domain and this Lease Agreement is not terminated, the remaining area of Landlord shall, at its expense, restore the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have as near the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated condition which existed immediately prior to the date of termination. If this Lease continues taking as reasonably possible, and the rentals shall xxxxx during such period of time as the Premises are untenantable, in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to proportion that the remaining Rentable Area untenantable portion of the Premises bears to the entire Premises. All damages awarded for such taking under the power of eminent domain shall belong to and Projectbe the sole property of Landlord, irrespective of the basis upon which they are awarded, provided, however, that nothing contained herein shall prevent Tenant from making a separate claim to the condemning authority for its moving expenses and trade fixtures. For purposes of this Article, a taking by eminent domain shall include Landlord’s giving of a deed under threat of condemnation.

Eminent Domain. a. If (1) the whole or more than twenty-five percent (25%) of the Building floor area of the Premises shall be taken or Premises is lawfully taken condemned by condemnation or in any other manner Eminent Domain for any public or quasi-public use or purpose, and either party shall elect, by giving written notice to the other, or (2) more than twenty-five percent (25%) of the floor area of the Building shall be so taken, and Landlord shall elect, in its sole discretion, by giving written notice to Tenant, any written notice to be given not more than sixty (60) days after the date on which title shall vest in such condemnation proceeding, to terminate this Lease, then, in either such event, the Term of this Lease shall cease and terminate as of the date of such takingtitle vesting. In case of any taking or condemnation, and Rent shall be prorated to such date. If less than whether or not the whole Term of the Building or Premises is so taken, this Lease shall cease and terminate, the entire award shall be unaffected by the property of Landlord, and Tenant hereby assigns to Landlord all its right, title and interest in and to any such takingaward, provided except that (i) Tenant shall have be entitled to claim, prove and receive in the right to terminate this Lease proceedings such awards as may be allowed for moving expenses, loss of profit and fixtures and other equipment installed by notice to Landlord given within ninety (90) days after it which shall not, under the date terms of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, be or become the Lease shall terminate on property of Landlord at the thirtieth (30th) day after either termination hereof, but only if such notice. The Rent awards shall be prorated to made by the date of termination. If this Lease continues condemnation, court or other authority in force upon such partial takingaddition to, and be stated separately from, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to award made by it for the remaining Rentable Area of the Premises and ProjectProperty or part thereof so taken.

Eminent Domain. a. If the whole more than twenty-five percent (25%) of the Building or Premises is lawfully taken or appropriated by condemnation or in any other manner for any public or quasi-public purposeauthority under powers of eminent domain, this Lease shall terminate as of the date of such taking, and Rent shall be prorated to such date. If or if less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty twenty-five percent (2025%) or more of the Premises is taken or appropriated and the Premises or Common Areas remaining area are inadequate for the continued operation of Tenant's business therein as reasonably determined by Tenant, either party hereto shall have the right, at its option, to terminate this Lease. If less than twenty-five percent (25%) of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and taken (ii) Landlord shall have the right or if neither party elects to terminate this Lease by notice to Tenant given within ninety in the event more than twenty-five percent (9025%) days after of the date of such taking. If either Landlord or Tenant so elects to terminate this LeasePremises is taken), the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share obligation to pay rent as provided herein shall continue in full force and effect; provided, however, that such rental shall be equitably adjusted according reduced by Landlord. Whether or not this Lease is terminated by reason of any such taking or appropriation, Landlord shall be entitled to the remaining Rentable Area entire award and compensation for the taking which is paid or made by the public or quasi-public agency, and Tenant shall have no claim against said award, except for amounts paid directly to Tenant for its moving expenses, interruption to its business, damage to its personal property or trade fixtures, or goodwill. A voluntary sale by Landlord to any public body or agency having the power of eminent domain, either under threat of condemnation or while the Premises and Projectcondemnation proceedings are pending, shall be deemed to be a taking under the power of eminent domain for the purposes of this paragraph. 32 24.

Eminent Domain. a. If In the whole of event that the Building Premises shall be lawfully condemned or Premises is lawfully taken by condemnation any public authority either in their entirety or in any other manner such proportion that they are no longer suitable for any public or quasi-public purposethe intended use by the Lessee, this Lease lease shall terminate as at the election of Lessor or Lessee on the date of such taking, and Rent shall be prorated to such date. If less than the whole of the Building when either ownership or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more possession of the Premises is shall be taken by such public authority, and Lessor and Lessee hereto shall be relieved of any further obligation to each other. The Lessee shall be liable for and shall promptly pay to the Lessor any rent then in arrears. In the event the taking removes the Lessee from the Premises, the Lessor shall promptly rebate to the Lessee a pro rata portion of any rent paid in advance. In the event of a partial taking and the remaining area portion of the Premises so condemned or taken is not such that the remaining Premises are still suitable for the intended use by the Lessee, as reasonably sufficient for Tenant to determined by Lessor, this lease shall continue operation in effect in accordance with its terms and a portion of its business, and (ii) Landlord the rent shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated xxxxx equal to the date proportion of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area rental value of the Premises so condemned to be taken. In the event of any taking, partial or complete, the award for the property so condemned or taken shall be apportioned between the Lessor and Projectthe Lessee so that the Lessor shall receive the then value of his reversionary interest in the Premises plus the then value of the future rents due under the terms of this lease if such taking had not occurred, and the Lessee shall receive the then value of its leasehold interest as may be awarded, including the then value of any mechanical installations, equipment, and appurtenances, if any, were constructed or installed by the Lessee after the beginning of the term hereof and are deemed not to be owned by the Lessor as provided elsewhere in this lease.

Eminent Domain. a. If Section 12.01: In the whole event, during the term of this Lease, proceedings shall be instituted under the power of eminent domain which shall result in the taking of any part of the Leased Premises or the floor area of the Building in which the Leased Premises are a part, or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as the taking of a material portion of the date parking area so that the number of spaces is thereby reduced to such all extent that Lessee's business is significantly acrd adversely affected, and which shall result in an eviction total or partial of the Lessee therefrom, then at the time of such taking, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so takeneviction, this Lease shall be unaffected by such taking, provided that (i) Tenant void and the term above demised shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking cease and terminate; and if twenty percent (20%) or more Lessee shall thereafter continue in possession of the Leased Premises is taken or any part thereof, it shall be a Lease from month to month and for no longer term, anything in this instrument to the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such takingcontrary notwithstanding. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such there is only a partial taking, not including a portion of the Base Rent Building but reducing the parking to the extent described in the previous sentence, the Lessor shall restore the parking to the extent necessary to permit Lessee to continue the use of the premises and Tenant's Proportionate Share there shall be equitably adjusted according to no reduction in the remaining Rentable Area monthly rental. Provided, further, that the whole of any award for any portion of the Premises Building taken by reason of said condemnation proceedings shall be the sole property of, and Projectbe payable to, the Lessor, and provided, further, that the whole of any award for loss of business and for removal and relocation expenses in any condemnation proceedings shall be the sole property of, and be payable to, the Lessee. It is further agreed that in any such condemnation proceedings, the Lessor and Lessee shall each seek its own award at its own expense.

Eminent Domain. a. If the whole of the entire Building or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purposeeminent domain, this Lease Agreement shall automatically terminate as of the date of such taking, and Rent shall be prorated to such date. If less a portion constituting more than the whole twenty-five percent (25%) of the Building or Premises is so takentaken by eminent domain, this Lease shall be unaffected by such taking, provided that (i) Tenant the Landlord shall have the right to terminate this Lease by Agreement, provided it gives written notice thereof to Landlord given the Tenant within ninety (90) days after the date of such taking if twenty percent (20%) or more taking. If a portion of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for by eminent domain, Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by Agreement, provided it gives written notice thereof to Tenant given Landlord within ninety (90) days after the date of such taking or ninety (90) days after the date Tenant receives notice of the taking, whichever is later. If either neither Landlord or nor Tenant so elects terminates, then the Landlord shall, at its expense, restore the Premises and the Building to terminate this Lease, as near the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated condition which existed immediately prior to the date of termination. If this Lease continues taking as reasonably possible, and the rentals shall xxxxx during such period of time as the Premises are untenantable, in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to proportion that the remaining Rentable Area untenantable portion of the Premises bears to the entire Premises. All damages awarded for such taking under the power of eminent domain shall belong to and Projectbe the sole property of Landlord, irrespective of the basis upon which they are awarded, provided, however, that nothing contained herein shall prevent Tenant from making a separate claim to the condemning authority for its moving expenses and trade fixtures. For purposes of this Article, a taking by eminent domain shall include Landlord's giving of a deed under threat of condemnation, and shall be deemed to occur on the earlier of the date fee simple title has vested or possession has been obtained by the taking authority.

Eminent Domain. a. If the whole of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public -------------- authority under the power of eminent domain, or quasi-public purposepurchased by the condemnor in lieu thereof, then the term of this Lease shall terminate cease as of the date possession is taken by such public authority. If only part of such taking, and Rent the Premises shall be prorated to such date. If less than the whole of the Building or Premises is so taken, the Lease shall terminate only as to the portion taken, and shall continue in full force and effect as to the remainder of said Premises, and the monthly rent shall be reduced proportionately; provided, however, if the remainder of the Premises cannot be made tenantable for the purposes for which Lessee has been using the Premises or if more than twenty-five percent (25%) of the rentable square footage of the Premises shall be so taken, then either party, by written notice to the other, given at least thirty (30) days prior to the date that possession must be surrendered to the public authority, may terminate this Lease effective as of such surrender of possession. If any part of the building other than the Premises shall be unaffected by such so taken so as to render in Lessor's opinion the termination of this Lease beneficial to the remaining portion of the building, Lessor shall have the right within sixty (60) days of said taking to terminate this Lease upon thirty (30) days written notice to Lessee. In the event of any taking, provided that (i) Tenant whether whole or partial, Lessor shall be entitled to all awards, settlements, or compensation which may be given for the land and buildings. Lessee shall have no claim against Lessor for the value of any unexpired term of this Lease. Lessee shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after seek an independent and separate award from the date of condemning authority so long as such taking if twenty percent (20%) or more award does not diminish the amount of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant award payable to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectLessor.

Eminent Domain. a. If the whole of the Building Demised Premises and Nonexclusive Demised Premises or Premises any part thereof is lawfully taken by condemnation under the power of eminent domain or in any other manner for any public or quasi-public purpose, this Lease shall terminate as conveyed under the threat of the date power of such takingeminent domain, all sums payable thereunder shall belong to and Rent be paid to the Lessor, the Lessee having no right therein, except Lessee shall be prorated entitled to such dateall sums separately payable to the Lessee for its claim for compensation or damages based upon its moving costs and loss of business. If less than Further, if the whole of the Building Demised Premises and Nonexclusive Demised Premises or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more part of the Demised Premises and Nonexclusive Demised Premises so as to substantially interfere with Lessee's use of the Demised Premises and Nonexclusive Demised Premises is taken and under the remaining area power of eminent domain, or conveyed under the threat of the Premises power of eminent domain, then the Lessee may terminate this lease by giving the Lessor at least thirty (30) days' written notice prior to such termination date; provided, however, if no notice is given or if the taking is not reasonably sufficient substantial (and it shall be conclusively presumed to be not substantial if a partial taking and no notice is given) then in any such event there shall be no abatement of rent reserved hereunder and this lease shall continue in all respects as to the balance of said property. The notice provided for Tenant to continue operation of its business, and above may be given at any time not later than thirty (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (9030) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area next following physical possession of the Premises and ProjectNonexclusive Premises being taken, the judgment in a condemnation proceeding becoming final or from the date notice by the Lessor is given the Lessee of its voluntary conveying, whichever occurs first and as the case may be.

Eminent Domain. a. If the whole of the Building or the whole of the Premises is lawfully shall be taken by condemnation the exercise of the power of eminent domain or pursuant to any transfer in any other manner for any public or quasi-public purpose, lieu of the exercise of such power (hereinafter called a "Condemnation Proceeding") then this Lease shall terminate as of the date of the taking of possession by or the vesting of title in the condemning authority (such taking, and Rent shall be prorated to such datedate being hereinafter called the "Taking Date"). If less than the whole of the Building or less than the whole of the Premises is so takenshall be taken in a Condemnation Proceeding, Tenant may at its option terminate this Lease shall be unaffected as of the Taking Date by giving notice of its exercise of such takingoption within sixty (60) days after the Taking Date, provided that as a result of such taking the Premises (ior the remaining portion thereof) may no longer be adequately used for the Permitted Use. If a portion of the Premises shall be taken and Tenant shall have the right not exercise its option to terminate this Lease by notice to Landlord given within ninety (90) days after the date of or if such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is shall not reasonably sufficient for Tenant give rise to continue operation of its businesssuch option to terminate, and (ii) Landlord shall have the right to terminate then this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated Taking Date only as to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area that portion of the Premises so taken but shall remain in full force and Projecteffect with respect to that portion of the Premises not so taken, Landlord shall diligently pursue to completion the repair of the remaining Premises to be operable as a single unit, and the Rent and other charges payable by Tenant hereunder shall be reduced in the ratio in which the diminution of the rentable square footage of the Premises following the Taking Date shall bear to the rentable square footage thereof immediately prior to such Taking Date. Except as otherwise ordered by the court in a Condemnation Proceeding, all income, rent, awards or interest derived from any Condemnation Proceeding shall belong to and be the property of Landlord; provided, however, Tenant shall be entitled to pursue a separate award for its moving expenses, loss of business or goodwill and loss of personal property.

Eminent Domain. a. If the whole all or a substantial part of the Building or Premises is lawfully should be taken by condemnation or in any other manner for any public or quasi-public purposequasi‑public use under governmental law, this Lease shall terminate as ordinance, or regulation, or by right of the date of such takingeminent domain (a "Taking"), and Rent shall be prorated to such date. If less than the whole of the Building then Landlord or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by upon written notice to Landlord given the other within ninety thirty (9030) days after notice of such Taking, in which event this Lease shall terminate, and the Annual Base Rent shall be apportioned, as of the date of such taking if twenty percent (20%) or more Taking. If a Taking of any part of the Premises is taken and the remaining area Building (exclusive of the Premises is not reasonably sufficient for Tenant to continue Premises) shall occur and, in Landlord's reasonable judgment, such Taking would materially interfere with or impair Landlord's operation of its businessthe Building, and (ii) then Landlord shall have the right to terminate this Lease by upon written notice to Tenant given within ninety thirty (9030) days after the date of such taking. If either Landlord or Tenant so elects to terminate Taking, in which event this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The and Annual Base Rent shall be prorated to apportioned as of the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area a Taking of less than all of the Premises shall occur, and Projectthis Lease is not terminated as provided above, the Annual Base Rent payable hereunder during the unexpired Term shall be reduced based on the portion of the Premises taken. If a Taking of any part of the Building (exclusive of the Premises) shall occur, and this Lease is not terminated by Landlord as provided above, the Annual Base Rent payable hereunder during the unexpired Term shall be not reduced.

Eminent Domain. a. If (1) the whole or more than fifty percent (50%) of the Building floor area of the Premises shall be taken or Premises is lawfully taken condemned by condemnation or in any other manner Eminent Domain for any public or quasi-public use or purpose, and either party shall elect, by giving written notice to the other, or (2) more than twenty-five percent (25%) of the floor area of the Building shall be so taken, and Landlord shall elect, in its sole discretion, by giving written notice to Tenant, any said written notice to be given not more than sixty (60) days after the date on which title shall vest in such condemnation proceeding, to terminate this Lease, then, in either such event, the Term of this Lease shall cease and terminate as of the date of such takingtitle vesting. In case of any taking or condemnation, and Rent shall be prorated to such date. If less than whether or not the whole Term of the Building or Premises is so taken, this Lease shall cease and terminate, the entire award shall be unaffected by the property of Landlord, and Tenant hereby assigns to Landlord all its right, title and interest in and to any such takingaward, provided except that (i) Tenant shall have be entitled to claim, prove and receive in the right to terminate this Lease proceedings such awards as may be allowed for moving expenses, loss of profit and fixtures and other equipment installed by notice to Landlord given within ninety (90) days after it which shall not, under the date terms of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, be or become the Lease shall terminate on property of Landlord at the thirtieth (30th) day after either termination hereof, but only if such notice. The Rent awards shall be prorated to made by the date of termination. If this Lease continues condemnation, court or other authority in force upon such partial takingaddition to, and be stated separately from, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to award made by it for the remaining Rentable Area of the Premises and ProjectProperty or part thereof so taken.

Eminent Domain. a. If (a) If, during the term of this Lease, the whole of the Building or Premises is lawfully demised premises shall be taken by condemnation or in any other manner for any public or quasi-public purposeuse under any statute or by right of eminent domain or by private purchase in lieu thereof, then this Lease shall automatically terminate as of the date that possession has been taken. In the event of such taking, and Rent shall be prorated to such date. If less than the whole a partial taking (or purchase) of the Building demised premises during the term of this Lease, as a result of which the demised premises are no longer reasonably usable, in whole or Premises is so takenin substantial part, this Lease shall be unaffected by such takingfor the use then being made thereof, provided that or if as a result of a taking (ior purchase in lieu thereof) the demised premises are deprived of direct, reasonable and adequate access to the public streets and highways, Tenant shall have the right right, but not the obligation, to terminate this Lease by giving written notice of such termination to Landlord given within on or prior to the date which is ninety (90) days after the date of such taking if twenty percent (20%) or more purchase), and upon the giving of such notice of termination the term of this Lease shall expire and come to an end on the last day of the Premises is taken calendar month in which such notice shall be given with the same force and effect as if said day had been originally fixed herein as the remaining area expiration date of the Premises is not reasonably sufficient for Tenant to continue operation term of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, In the event this Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent or be terminated, neither party shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Projecthave any further rights or liabilities hereunder.

Eminent Domain. a. If A. In the whole event that the entire or a substantial part of the Building Premises shall be condemned or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purposeuse, and as a result thereof the Premises cannot be used for the same purpose as prior to such taking, this Lease and the Term shall cease and terminate as of the date possession is taken. For purposes of such takingthis Section, the phrase "substantial part of the Premises" is defined as and Rent shall be prorated is understood to such date. mean "more than twenty-five percent (25%) of the Premises." B. If less than a substantial part of the whole Premises shall be so condemned or taken, and after such taking the Premises can be used for the same purpose as prior thereto, the Term shall cease only on the part so taken, as of the date possession shall be taken by such public authority, and Tenant shall pay full Rental up to that date (with appropriate refund by Landlord of such Rental as may have been paid in advance for any period subsequent to the date possession is taken) and thereafter the Rental shall be equitably adjusted. Landlord shall, at its expense, make all necessary repairs or alterations to the Building and/or the Premises so as to constitute the remaining Building and/or Premises a complete architectural unit, provided that Landlord shall not be obligated to undertake any such repairs and alterations if the cost thereof exceeds the award resulting from such taking. C. If part of the Building or Premises is so taken, this Lease any adjacent property or street shall be unaffected condemned by a public or quasi-public authority, and in the reasonable opinion of the Landlord, the Building should be demolished or restored in such takinga way as to alter the Premises materially, provided that (i) Tenant shall have the right to Landlord may terminate this Lease by notice to Landlord given within ninety (90) days after and the Term shall expire on the date specified in the notice of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Project.termination as fully and

Eminent Domain. a. If the whole of the Building Project is condemned or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, including any purchase in lieu of condemnation, this Lease shall terminate as of the date of taking of possession for such takinguse or purpose. If a portion of the Project is condemned or taken, (whether or not the Premises be affected), Landlord may, by notice to Tenant, terminate this Lease as of the date of the taking of possession for such purpose. If Landlord does not terminate this Lease, and if the taking results in a reduction in the square footage of the Premises, then the Base Rent shall be prorated to such date. If less than reduced pro-rata, and Landlord shall repair the whole remaining part of the Building or Premises is so taken, this Lease to substantially its former condition to the extent reasonably feasible and complete the work within 6 months after the reduction in the Premises. Landlord shall be unaffected by such takingentitled to the entire award in any condemnation proceeding, provided including any award for the value of any unexpired term of this Lease, and shall have the exclusive authority to settle the condemnation proceeding, and the exclusive discretion to grant “possession and use” to the condemning authority, and Tenant shall have no claim against Landlord or against the proceeds of the condemnation except that (i) Tenant shall have the right to terminate this bring a separate action to recover compensation for Tenant’s moving expenses. PortalPlayer Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (12 If more than 20%) or more % of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for condemned or taken, Tenant may, by notice to continue operation of its businessLandlord, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after as of the date of the taking of possession for such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Projectpurpose.

Eminent Domain. a. If In the event the whole of the Building Premises, or Premises is lawfully so much thereof, including a portion of the Building, shall be taken by condemnation or in any other manner condemned for any a public or quasi-public use or purpose by any competent authority and as a result thereof the balance of the Premises cannot be used for the same purpose as before such taking or condemnation , then and in either of such events, the term of this Lease shall terminate when possession of the whole of the Premises or Building shall be required for such use or purpose, and any award, compensation or damages (hereinafter sometimes called the “award”), shall be paid to and be the sole and absolute property of Landlord. In the event only a part of the Premises shall be taken or condemned for a public or quasi-public use or purpose by any competent authority, and as a result thereof the balance of the Premises can be used for the same purpose as before such taking or condemnation, this Lease shall not terminate and Landlord, subject to the rights of any mortgagee, shall repair and restore the Premises. Any award paid as of the date a consequence of such takingtaking or condemnation, and Rent shall be prorated paid to Landlord and may be applied to the cost of said repairing and restoration. Any sums remaining after such date. If less than the whole of the Building or Premises is so taken, this Lease application shall be unaffected retained by such taking, provided that (i) Landlord and Tenant shall have the no right to terminate this Lease by notice to Landlord given within ninety (90) days after any such sums. Basic Rental shall xxxxx during such period of time that the date of such taking if twenty percent (20%) or more Premises are untenantable, in the proportion that the untenantable portion of the Premises is taken bears to the entire Premises. Nothing herein shall preclude Tenant from seeking and obtaining a separate award from the remaining area condemning authority so long as such separate award does not directly or indirectly reduce the amount of the Premises is not reasonably sufficient for Tenant award payable to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectLandlord.

Eminent Domain. a. If the whole of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public authority under the power of eminent domain, or quasi-public purposepurchased by the condemnor in lieu thereof, then the term of this Lease shall terminate cease as of the date possession is taken by such public authority. If only part of such taking, and Rent the Premises shall be prorated to such date. If less than the whole of the Building or Premises is so taken, the Lease shall terminate only as to the portion taken, and shall continue in full force and effect as to the remainder of said Premises, and the monthly rent shall be reduced proportionately; provided, however, if the remainder of the Premises cannot be made tenantable for the purposes for which Lessee has been using the Premises or if more than twenty-five percent (25%) of the rentable square footage of the Premises shall be so taken, then either party, by written notice to the other, given at least thirty (30) days prior to the date that possession must be surrendered to the public authority, may terminate this Lease effective as of such surrender of possession. If any part of the building other than the Premises shall be unaffected by such so taken so as to render in Lessor's opinion the termination of this Lease beneficial to the remaining portion of the building, Lessor shall have the right within sixty (60) days of said taking to terminate this Lease upon thirty (30) days written notice to Lessee. In the event of any taking, provided that (i) Tenant whether whole or partial, Lessor shall be entitled to all awards, settlements, or compensation which may be given for the land and buildings. Lessee shall have no claim against Lessor for the value of any unexpired term of this Lease. Lessee shall have the right to terminate seek an independent and separate award from the condemning authority so long as such award does not diminish the amount of the award payable to Lessor. Lessee acknowledges that Lessor has disclosed to Lessee on or before the signing of this Lease that Sound Transit has expressed an interest in property owned by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of Lessor which may include the Premises and Projectthat Sound Transit could acquire the Premises through condemnation or proceedings in lieu of condemnation sometime within the first few years of this Lease.

Eminent Domain. a. If the whole of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public authority under the power of eminent domain, or quasi-public purposepurchased by the condemnor in lieu thereof, the term of this Lease shall terminate cease as of the date of possession is taken by such taking, and Rent shall be prorated to such datepublic authority. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more only a part of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant be so elects to terminate this Leasetaken, the Lease shall terminate on only as to the thirtieth (30th) day after either such notice. The Rent portion taken, and shall continue in full force and effect as to the remainder of said Premises, and the monthly rent shall be prorated reduced proportionately; provided, however, if the remainder of the Premises cannot be made tenantable for the purposes for which Lessee has been using the Premises or if more than twenty-five percent (25%) of the rentable square footage of the Premises shall be so taken, then either party, by written notice to the other, given at least thirty (30) days prior to the date that possession must be surrendered to the public authority, may terminate this Lease effective as of terminationsuch surrender of possession. If any part of the buildings other than the Premises shall be so taken so as to render in Lessor’s opinion the termination of this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according beneficial to the remaining Rentable Area portion of the Premises buildings, Lessor shall have the right within sixty (60) days of said taking to terminate this Lease upon thirty (30) days written notice to Lessee. In the event of any taking, whether whole of partial, Lessor shall be entitled to all awards, settlement, or compensation which may be given for the land and Projectbuildings. Lessee shall have no claim against Lessor for the value of any unexpired term of this Lease.

Eminent Domain. a. If Section 12.01: In the whole event, during the term of this Lease, proceedings shall be instituted under the power of eminent domain which shall result in the taking of any part of the Leased Premises or the floor area of the Building in which the Leased Premises are a part, or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as the taking of a material portion of the date parking area so that the number of spaces is thereby reduced to such an extent that Lessee's business is significantly and adversely affected, and which shall result in an eviction total or partial of the Lessee there from, then at the time of such taking, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so takeneviction, this Lease shall be unaffected by such taking, provided that (i) Tenant void and the term above demised shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking cease and terminate; and if twenty percent (20%) or more Lessee shall thereafter continue in possession of the Leased Premises is taken or any part thereof, it shall be a Lease from month to month and for no longer term, anything in this instrument to the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such takingcontrary notwithstanding. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such there is only a partial taking, not including a portion of the Base Rent Building but reducing the parking to the extent described in the previous sentence, the Lessor shall restore the parking to the extent necessary to permit Lessee to continue the use of the premises and Tenant's Proportionate Share there shall be equitably adjusted according to no reduction in the remaining Rentable Area monthly rental. Provided, further, that the whole of any award for any portion of the Premises Building taken by reason of said condemnation proceedings shall be the sole property of, and Projectbe payable to, the Lessor, and provided, further, that the whole of any award for loss of business and for removal and relocation expenses in any condemnation proceedings shall be the sole property of, and be payable to, the Lessee. It is further agreed that in any such condemnation proceedings, the Lessor and Lessee shall each seek its own award at its own expense.

Eminent Domain. a. If the whole a part of the Building or Premises Project is lawfully taken by condemnation eminent domain or -------------- deed in any other manner lieu thereof which is so substantial that the Premises cannot reasonably be used by Tenant for any public or quasi-public purposethe operation of its business, then either party may terminate this Lease shall terminate effective as of the date of the taking. Rent shall abate from the date of the taking in proportion to any part of the Pxxxxxes taken. The entire award for a taking of any kind shall be paid to Landlord, and Tenant shall have no right to share in the award including the "bonus value" represented by the difference, if any, between rent payable under this Lease and market rent for the unexpired Term, and Tenant shall have no right to share in the award; provided, however, that the foregoing shall not be deemed to prohibit Tenant from filing a separate claim at its sole cost and expense for an award or portion thereof separately designated for (a) relocation costs, (b) moving expenses or (c) personal property, trade fixtures and the unamortized portion of the value of all Alterations performed in the Premises by Tenant during the Term (such amortization to be calculated on a straight-line basis over the Term of this Lease, without regard to any future extension terms as of the date of the taking, and Rent shall such value to be prorated determined, at Tenant's expense, by an appraiser selected by Landlord and approved by Tenant); or (d) loss of or damage to such datethe goodwill of Tenant's business and lost profits (but only to the extent the same does not constitute "bonus value"). If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated All obligations accrued to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share taking shall be equitably adjusted according performed by the party liable to the remaining Rentable Area perform said obligations, as set forth herein. Tenant hereby waives any and all rights it might otherwise have pursuant to Section 1265.130 of the Premises and ProjectThe California Code of Civil Procedure.

Eminent Domain. a. If all the whole of the Building Premises or Premises a substantial portion thereof is lawfully taken by condemnation or in any other manner for any public under the power of eminent domain, or quasi-public purposesold under the threat of the exercise of said power (all of which are herein called condemnation"), then either party may at its option terminate this Lease shall terminate lease as of the date the condemning authority takes title or possession, whichever occurs first, after giving thirty (30) days written notice to the other party of the exercising of such taking, and Rent shall be prorated to such dateoption. If less than the whole any other taking (of the Building Premises or Premises is so takenotherwise) adversely and substantially affects Lessee's use, this Lease shall be unaffected by such takingaccess, provided that (i) Tenant shall have or rights of ingress or egress of or to the right Premises, then Lessee may elect to terminate this Lease by lease as of the date the condemning authority takes possession. Lessee's election to terminate shall be made in writing within thirty (30) days after Lessor has given Lessee written notice to Landlord given of the taking (or in the absence of such notice, within ninety fifteen (9015) days after the date of such taking if twenty percent (20%) or more condemning authority has taken possession). If Lessee does not terminate this lease in accordance with this section, this lease shall remain in full force and effect as to the portion of the Premises is remaining, except that rent shall be reduced in the proportion that the area taken diminishes the value and the remaining area use of the Premises to Lessee. In addition, Lessor, at its expense, if the lease is not reasonably sufficient for Tenant to continue operation of its businessterminated, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated promptly repair any damage to the date of termination. If this Lease continues in force upon such partial taking, Premises caused by condemnation and restore the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area remainder of the Premises and Project.to the reasonable satisfaction of Lessee. Exhibit (10.1)-p4

Eminent Domain. a. (a) If the whole of the Building or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as of the date of vesting of title in such condemning authority (which date is hereinafter also referred to as the "date of taking"), and the Rent shall be prorated to such date. If less than the whole any part of the Building or Premises Land is so taken, this Lease shall be unaffected by such taking, provided except that (i) Tenant shall have the right to Landlord may terminate this Lease by notice to Landlord given Tenant within ninety (90) 90 days after the date of such taking taking, and (ii) if twenty 20 percent (20%) or more of the Premises is shall be taken and the remaining area of the Premises is shall not be reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to Tenant may terminate this Lease by notice to Tenant given Landlord within ninety (90) 90 days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the This Lease shall terminate on the thirtieth (30th) 30th day after either such notice, by which date Tenant shall vacate and surrender the Premises to Landlord. The Rent shall be prorated to the earlier of the Termination Date or such date as Tenant is required to vacate the Premises by reason of terminationthe taking. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area rentable area of the Premises and ProjectBuilding remaining.

Eminent Domain. a. If the whole all or any part of the Building or Premises is lawfully are taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, this Lease shall terminate as of the date or conveyed to such authority in lieu of such takingcondemnation, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so takenthen either party, this Lease shall be unaffected by such takingat its option, provided that (i) Tenant shall have the right to terminate this Lease as of the day possession shall be taken by such authority. If, as a result of any such taking, or conveyance in lieu of condemnation, more than fifty percent (50%) of the net rentable area of the Building is rendered untenantable, then the Lessor shall have the right and option (exercised, if at all, by giving written notice to Landlord given within ninety thirty (9030) days after of such taking or conveyance) to terminate this Lease as of the date of such taking if twenty percent (20%) or more conveyance. If all or any part of the Premises is taken and the remaining area of Building in which the Premises is not reasonably sufficient for Tenant to continue operation are located shall be taken by any such authority, or conveyed in lieu of its businesscondemnation, and (ii) Landlord then Lessor shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects and option to terminate this Lease. In the event this Lease is terminated for any of the reasons aforesaid, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent any rents or other payments shall be prorated as of the effective date of such termination and proportionately refunded to the date Lessee or paid to the Lessor as the case may be, and Lessee shall have no claim against Lessor for the value of terminationany unexpired term of the Lease. If this Lease continues All damages awarded for such taking under the power of eminent domain, or conveyance in force lieu thereof, shall belong to and be the property of Lessor irrespective of the basis upon such partial takingwhich they were awarded; provided, the Base Rent and Tenant's Proportionate Share however, that Lessee shall be equitably adjusted according entitled to the remaining Rentable Area receive any damages specifically awarded for its share of the Premises and Project.moving expenses. LEASE – MASTERCONTROL, INC. OLD MILL BUILDING IV, LLC – Suite 300

Eminent Domain. a. 25. If the whole more than twenty-five percent (25%) of the Building Premises, twenty-five percent (25%) of the parking spaces and Landlord does not provide suitable replacement parking spaces within a reasonable distance from the building, or ten percent (10%) of the building in which the Premises are located is lawfully taken or appropriated by condemnation or in any other manner for any public or quasi-public purposeauthority under powers of eminent domain, either party hereto shall have the right at its option, to terminate this Lease shall terminate effective as of the date of such taking, and Rent shall be prorated to such date. If less than the whole twenty-five percent (25%) of the Building or Premises is so takenPremises, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty twenty-five percent (2025%) or more of the parking spaces, or ten percent (10%) of the building in which the Premises are located is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so neither party elects to terminate this Leaseas above provided if more than twenty-five percent (25%) of the Premises, twenty-five percent (25%) of the parking spaces, or ten percent (10%) of the building in which the Premises are located in taken), the Lease shall terminate on continue, and the thirtieth (30th) day after either such notice. The Rent rental thereafter to be paid shall continue, but the rental thereafter to be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share paid shall be equitably adjusted according reduced. Whether or not the Lease is terminated by reason of any such taking or appropriation, Landlord shall be entitled to the remaining Rentable Area entire award and compensation for the taking which is paid or made by the public or quasi-public agency, and Tenant shall have no claim against said award; except for amounts paid directly to Tenant for its moving expenses, interruption to its business or damage to personal property or trade fixtures. A voluntary sale by Landlord to any public body or agency having the power of eminent domain, either under threat of condemnation or while the Premises and Projectcondemnation proceedings are pending shall be deemed to be a taking under the power of eminent domain for the purposes of this Paragraph.

Eminent Domain. a. If the whole (a) Should a substantial portion of the Building Premises are taken, appropriated, or Premises is lawfully taken by condemnation condemned for public purposes, or voluntarily transferred in lieu of condemnation, in whole or in any other manner such substantial part as to render the Premises unsuitable for any public Landlord's purposes or quasi-public purposethe Premises unsuitable for the Permitted Uses, the Term of this Lease shall shall, at the option of Landlord in the first instance and at the option of Tenant in the second instance, terminate as of when Tenant's right to possession is terminated, which date (the date of such taking, and Rent "Termination Date") shall be prorated to such date. If less no sooner than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that thirty (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (9030) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right party’s termination notice. If neither party exercises this option to terminate this Lease by notice to Tenant given within ninety sixty (9060) days after the date of such taking, or if the portion of the Premises is taken, appropriated, condemned, or voluntarily transferred in lieu of condemnation does not render the Premises unsuitable for Tenant's purposes or the Premises unsuitable for the Permitted Uses, then this Lease shall terminate only as to the part taken or conveyed on the date Tenant shall yield possession and the Rent payable hereunder shall be reduced in proportion to the part of the Premises taken. If either Landlord or Tenant so In the event a party elects to terminate this Lease, the this Lease shall will automatically terminate on the thirtieth (30th) day after either such notice. The Rent Termination Date and Landlord shall be prorated to retain all Net Proceeds made in the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectCondemnation proceeding.

Eminent Domain. a. If To Seller's Knowledge, except as set forth -------------- on Schedule 3.1.21(g), it has not received any written notices, nor has ------------------ Seller any reason to believe, that any governmental body having the whole power of eminent domain over the Real Property has commenced or intends to exercise the power of eminent domain or a similar power with respect to all or any part of the Building or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as of Real Property. If between the date of such taking, this Agreement and Rent Closing the Real Property or any portion thereof or interest therein shall be prorated to such date. If less than the whole taken or condemned as a result of the Building exercise of the power of eminent domain, or Premises is so takenif a governmental body having the power of eminent domain informs Seller or the Purchaser that it intends to take or condemn all or part of the Real Property then Seller may assign to Purchaser the sole right, this Lease shall be unaffected by such takingin the name of the Seller, provided that to negotiate for, claim, contest and, if the Closing occurs, receive all damages on account thereof, in which event (i) Tenant Seller shall have be relieved of its obligation to convey to the right Purchaser the Real Property taken or condemned, (ii) at Closing Seller shall assign to terminate this Lease the Purchaser all of Seller's rights to all damages payable for such taking or injury of the Real Property and shall pay to the Purchaser all damages theretofore paid to Seller by notice to Landlord given within ninety reason thereof, (90iii) days after following Closing, Seller shall give the date Purchaser such further assurances of such taking if twenty percent (20%) or more of rights and assignment as the Premises is taken and the remaining area of the Premises is not Purchaser may from time to time reasonably sufficient for Tenant to continue operation of its businessrequest, and (iiiv) Landlord Seller shall have not be in breach of this Subpart (g) and Purchaser shall not be excused from the right to terminate performance of its obligations under this Lease Agreement by notice to Tenant given within ninety reason of this subpart (90) days after the date of such takingg). If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Project.h)

Eminent Domain. a. 25.01 If the whole of the Building or Demised Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of condemnation, eminent domain or expropriation, or in the event of conveyance of the whole of the Demised Premises in lieu thereof, this Lease shall terminate as of the day possession shall be taken by such authority. If 25% or less of the Floor Space of the Demised Premises shall be so taken or conveyed, this Lease shall terminate only in respect of the part so taken or conveyed as of the day possession shall be taken by such authority and Rent shall be abated pro rata. If more than 25% of the Floor Space of the Demised Premises shall be so taken or conveyed, this Lease shall terminate only in respect of the part so taken or conveyed as of the day possession shall be taken by such authority, Rent shall be abated pro rata, but either party shall have the right to terminate this Lease upon notice given to the other party within 30 days after such taking possession. If more than 25% of the Floor Space of the Building shall be so taken or conveyed, Landlord may, by notice to Tenant, terminate this Lease as of the day possession shall be taken. If so much of the parking facilities shall be so taken or conveyed that the number of parking spaces necessary, in Landlord's reasonable judgment, for the continued operation of the Building shall not be available, Landlord shall, by notice to Tenant given within fifteen (15) days of such taking, terminate this Lease as of the day possession shall be taken. Notwithstanding anything to the contrary contained herein, in the event of a taking of a substantial portion of the Demised Premises which, in Tenant's reasonable judgment, renders the Demised Premises unusable for the normal and efficient operation of Tenant's business, then, at Tenant's election, this Lease shall terminate as of the date of such takingpossession by the condemning authority, and Rent which election shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease made by notice to Landlord given within ninety fifteen (9015) days after the date of such taking if twenty percent (20%) or more Tenant receives notice of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues shall continue in force upon such partial takingeffect as to any portion of the Demised Premises not so taken or conveyed, the Base Rent shall be computed as of the day possession shall be taken on the basis of the remaining Floor Space of the Demised Premises. Except as specifically provided herein, in the event of any such taking or conveyance there shall be no reduction in Rent. If this Lease shall continue in effect, Landlord shall, at its expense, but shall be obligated only to the extent of the net award or other compensation (after deducting all expenses in connection with obtaining same) available to Landlord for the improvements taken or conveyed (excluding any award or other compensation for land or for the unexpired portion of the term of any Superior Lease), promptly make all necessary alterations so as to constitute the remaining Building a complete architectural and tenantable unit, except for the Tenant's Proportionate Share Property, and Tenant shall make all alterations or replacements to the Tenant's Property and decorations in the Demised Premises. All awards and compensation for any taking or conveyance, whether for the whole or a part of the Land or Building, the Demised Premised or otherwise, shall be equitably adjusted according the property of Landlord, and Tenant hereby assigns to Landlord all of Tenant's right, title and interest in and to any and all such awards and compensation, including, without limitation, any award or compensation for the remaining Rentable Area value of the Premises unexpired portion of the Term. Tenant shall be entitled to claim, prove and Projectreceive in the condemnation proceeding such award or compensation as may be allowed for the Tenant's Property and for loss of business, good will, and depreciation or injury to and cost of removal of the Tenant's Property, moving expenses and decorations, but only if such award or compensation shall be made by the condemning authority in addition to, and shall not result in a reduction of, the award or compensation made by it to Landlord.

Eminent Domain. a. If at any time during the whole term of this Lease the entire Premises or any part thereof shall be taken as a result of the Building exercise of the power of eminent domain or Premises is lawfully taken by condemnation or an agreement in any other manner for any public or quasi-public purposelieu thereof, this Lease shall terminate as to the part so taken as of the date possession is taken by the condemning authority. If all or any substantial portion of such taking, and Rent the Premises shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to Landlord may terminate this Lease at its option, by giving Tenant written notice to Landlord given of such termination within ninety thirty (9030) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord all or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area a Portion of the Premises taken are so substantial that Tenant's use of the Premises is substantially impaired, Tenant may terminate this Lease at its option, but giving landlord written notice of such termination within thirty (30) days of such taking. If neither party terminates this Lease pursuant this Article, this Lease shall remain in full force and Projecteffect, except that the rent payable by Tenant hereunder shall be reduced in the proportion that the area of the Premises so taken bears to the total Premises. Landlord shall be entitled to and Tenant hereby assigns to Landlord the entire amount of any award in connection with such taking. Nothing in this Article shall give Landlord any interest in or preclude Tenant from seeking, on its own account, any award attributable to the taking of personal property or trade fixtures belonging to Tenant, or for the interruption of Tenant's business.

Eminent Domain. a. If the whole of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public authority under the power of eminent domain, or quasi-public purposepurchased by the condemnor in lieu thereof, then the term of this Lease shall terminate cease as of the date possession is taken by such public authority. If only part of such taking, and Rent the Premises shall be prorated to such date. If less than the whole of the Building or Premises is so taken, the Lease shall terminate only as to the portion taken, and shall continue in full force and effect as to the remainder of said Premises, and the monthly rent shall be reduced proportionately; provided, however, if the remainder of the Premises cannot be made tenantable for the purposes for which Tenant has been using the Premises or if more than twenty-five percent (25%) of the rentable square footage of the Premises shall be so taken, then either party, by written notice to the other, given at least thirty (30) days prior to the date that possession must be surrendered to the public authority, may terminate this Lease effective as of such surrender of possession. If any part of the building other than the Premises shall be unaffected by such so taken so as to render in Landlord's opinion the termination of this Lease beneficial to the remaining portion of the building, Landlord shall have the right within sixty (60) days of said taking to terminate this Lease upon thirty (30) days written notice to Tenant. In the event of any taking, provided that (i) whether whole or partial, Landlord shall be entitled to all awards, settlements, or compensation which may be given for the land and buildings. Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after seek an independent and separate award from the date of such taking if twenty percent (20%) or more condemning authority for relocation benefits and for any tangible personal property of the Premises is Tenant taken and so long as such award does not diminish the remaining area amount of the Premises is not reasonably sufficient for Tenant award payable to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectLandlord.

Eminent Domain. a. If the whole a part of the Building or Premises Project is lawfully taken by condemnation eminent domain -------------- or deed in any other manner lieu thereof which is so substantial that the Premises cannot reasonably be used by Tenant for any public or quasi-public purposethe operation of its business, then either party may terminate this Lease shall effective as of the date of the taking. If any substantial portion of the Project is taken without affecting the Premises, then Landlord may terminate this Lease as of the date of such taking. Rent shall xxxxx from the date of the taking in proportion to any part of the Premises taken. The entire award for a taking of any kind shall be paid to Landlord, and Rent Tenant shall be prorated have no right to such date. If less than share in the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, award; provided that (i) nothing contained herein shall be deemed to give Landlord any interest in or require Tenant shall have the right to terminate this Lease by notice assign to Landlord given within ninety (90) days after any separate award made to Tenant for the date taking of such taking if twenty percent (20%) Tenant's personal property and trade fixtures or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its businessrelocation costs, and (ii) Landlord shall have in the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date event of such taking. If either Landlord or Tenant so elects to terminate a temporary taking in which there was no Rent abatement under this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent then Tenant shall be prorated entitled to any portion of such award which was intended to compensate Landlord for lost Rent for the Premises during the period of the temporary taking. All obligations accrued to the date of terminationthe taking shall be performed by the party liable to perform such obligation as set forth herein. If this Lease continues Tenant may pursue a separate award for its trade fixtures and moving expenses in force upon such partial connection with the taking, but only if such recovery does not reduce the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according award payable to the remaining Rentable Area of the Premises and ProjectLandlord.

Eminent Domain. a. If the whole of the Building or Premises is shall be lawfully taken by condemnation or in any other manner condemned (or conveyed under threat of such taking or condemnation) for any public or quasi-public use or purpose, except for temporary use, the Term of this Lease shall terminate end upon, and not before, the date of the taking of possession by the condemning authority, and without apportionment of the award. Tenant hereby assigns to Landlord, Tenant's interest, if any, in such award. Current Rent shall be apportioned as of the date of such taking, and Rent shall be prorated to such datetermination. If any part of the Premises is taken, Landlord or Tenant shall each have the option by giving the other party notice, to cancel this Lease and each party's obligations hereunder within two (2) months of the taking of possession by the condemning authority, except that if less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and Tenant is able to operate its business in the remaining area of the Premises is not reasonably sufficient for Tenant Premises, to continue operation of its businessbe determined in Tenant's reasonable discretion, and (ii) Landlord shall have the Landlord's right to terminate cancel this Lease shall be null and void. No money or other consideration shall be payable by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate the other for the right of cancellation, and Tenant shall have no right to share in any condemnation award, or in any judgment for damages, or in any proceeds of any sale made under any threat of condemnation or taking. In the event this LeaseLease is not canceled, the this Lease shall terminate on continue in full force and effect, without abatement or reduction of Rent due hereunder. Anything to the thirtieth (30th) day after either such notice. The Rent contrary contained herein notwithstanding, Tenant shall be prorated entitled to receive and retain any award made to Tenant for the date loss of termination. If this Lease continues in force upon such partial takingits leasehold interest and removal and relocation of its personal property, provided the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according same does not diminish the award specifically made to the remaining Rentable Area of the Premises and ProjectLandlord.

Eminent Domain. a. If the whole all or any part of the Building or Premises is lawfully Property shall be taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, the term of this Lease shall terminate cease as of to that portion taken, on the date of such taking, and Rent shall be prorated to such datepossession. If less than such condemnation and taking prevents or materially interferes with the whole continuance of the Building or Premises is so takenLessee's business, this Lease shall be unaffected by such takingthen from that day, provided that (i) Tenant Lessee shall have the right either to terminate cancel this Lease by notice and declare it null and void, or to Landlord given continue in possession of the remainder of the Property under the terms herein. Lessee shall notify Lessor within ninety (90) days after receipt of notice of any taxing, of its intention to cancel this Lease; otherwise, the Lease shall continue in full force and effect on the same terms and conditions herein provided as to the portion of the Property not taken. The foregoing provisions of this Paragraph notwithstanding, Lessee, upon receipt of any notice of taking, may elect to contest such notice by all appropriate lawful means, at Lessee's expense, and the commencement of the ninety (90) day period prescribed in the preceding sentence shall be suspended until the date such contest is resolved and upholds the power of any such taking if twenty percent (20%) or more public authority to make such taking, and the extent of the Premises is taken and the remaining area property taken. Lessor shall provide Lessee a copy of the Premises is not reasonably sufficient for Tenant to continue operation any notice of its businesstaking within ten (10) days of Lessor's receipt thereof, and (ii) Landlord cooperate as reasonably necessary with Lessee in any contest of ouch notice undertaken by Lessee. Lessee shall not have the right to terminate this Lease by notice to Tenant given within ninety (90) days after seeing or receive and portion of any eminent domain award for taking of any portion of the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated Property which is not material to the date use of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectProperty by Lessee.

Eminent Domain. a. (a) If the whole of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeuse under any statute or by right of eminent domain or by purchase. in lieu thereof, then this Lease shall automatically terminate as of the date that possession has been taken. In the event of such taking, and Rent shall be prorated any other taking (or purchase) which renders the remaining portion of the Premises not so taken (or so purchased) not reasonably usable for the purposes for which the Premises were being used by Tenant just prior to such date. If less than the whole of the Building taking (or Premises is so takenpurchase), this Lease shall be unaffected by such taking, provided that (i) Tenant then either party shall have the right to terminate this Lease by giving written notice of such termination to Landlord given within ninety the other on or prior to the date sixty (9060) days after the date of such taking if twenty percent (20%) or more purchase), and upon the giving of such notice of termination, the Term of this Lease shall expire and come to an end on the last day of the Premises is taken calendar month in which such notice shall be given with the same force and effect as if said day had been originally fixed, herein as the remaining area expiration date of the Premises is not reasonably sufficient for Tenant to continue operation Term of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, . In the event the Lease shall terminate on or be terminated, the thirtieth (30th) day after either such noticeRent shall, if Sand. The Rent shall when necessary, be prorated adjusted to the effective date of the taking ‘ purchase) and neither party shall have any further rights or liabilities hereunder, whether for the unexpired portion of this Lease or otherwise, except with respect to obligations and liabilities of Tenant hereunder, actual or contingent, which have’ arisen on or prior to such date of termination. If this Lease continues in force upon such partial taking, or which are designated to survive the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area expiration or termination of the Premises and ProjectLease.

Eminent Domain. a. If Lessee agrees that if the whole of the Building premises, or Premises is lawfully any part thereof, shall be taken by condemnation or in any other manner condemned for any public or quasi-public purposeuse or purpose by any competent authority, Lessee shall have no claim against Lessor and shall not have any claim or right to any portion of the amount that may be awarded as damages or paid as a result of any such condemnation, it being agreed that the full amount of such award, if any, made by the taking authorities shall be paid to and retained by Lessor, free of any claim by Lessee to any portion thereof, and all rights of Lessee to damages therefor, if any, are hereby assigned by Lessee to Lessor. In the event that all or substantially all of the premises shall be taken or condemned by any governmental authority, then the term of this Lease shall cease and terminate as from the date on which the Lessee is required, by such taking authority, to surrender possession of said premises and the Lessee shall not have nor make any claim against Lessor for the value of any unexpired term of this Lease. In the event that a portion of the date of such taking, and Rent premises shall be prorated to such date. If less than the whole of the Building taken or Premises is so takencondemned by any governmental authority, then this Lease shall be unaffected by such takingcontinue in full force and effect, provided that (i) Tenant and rent shall have abatx xx an amount which bears the right same ratio to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more monthly basic rental as the value of the Premises is floor space taken and bears to the remaining area value of the Premises is not reasonably sufficient for Tenant to continue operation total floor space of its business, the premises. All rentals and (ii) Landlord shall have the right to terminate this Lease other sums payable by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent Lessee hereunder shall be prorated adjusted to the date of termination. If this Lease continues in force upon such partial takingon which Lessee is required, by the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according taking authority, to the remaining Rentable Area surrender possession of the Premises and Projectpremises or portion of the premises so taken.

Eminent Domain. a. If the whole of the Building Premises or Premises the Project or so much thereof as to render the balance unusable by Tenant shall be taken under power of eminent domain, or is lawfully taken by condemnation sold, transferred or conveyed in any other manner for any public or quasi-public purposelieu thereof, this Lease shall automatically terminate as of the date of such takingcondemnation, or as of the date possession is taken by the condemning authority, at Landlord's option. No award for any partial or entire taking shall be apportioned, and Rent 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; provided, however, that nothing contained herein shall be prorated deemed to such date. If less than give Landlord any interest in or to require Tenant to assign to Landlord any award made to Tenant for the whole taking of personal property and trade fixtures belonging to Tenant and removable by Tenant at the expiration of the Building Term hereof as provided hereunder or Premises is so takenfor the interruption of, or damage to, Tenant's business. In the event of a partial taking described in this Lease Section 18, or a sale, transfer or conveyance in lieu thereof, which does not result in a termination of this Lease, the Basic Rental shall be unaffected apportioned according to the ratio that the part of the Premises remaining useable by such taking, provided that (i) Tenant shall bears to the total area of the Premises. Tenant hereby waives any and all rights it might otherwise have the right under law to terminate this Lease by notice to Landlord given within ninety (90) days after in the date event of such a taking if twenty percent (20%) or more under power of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Projecteminent domain.

Eminent Domain. a. If the whole all or any part of the Building Premises shall be taken as a result of the exercise of the power of eminent domain or Premises is lawfully taken by condemnation or sale in lieu of such taking (collectively, any other manner for any public or quasi-public purpose"Taking"), this Lease shall terminate as to the part so taken as of the date of such takingTaking, and Rent shall be prorated to such date. If less than and, in the whole case of the Building a partial Taking, either Landlord or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease as to the balance of the Premises by notice to Landlord given the other within ninety thirty (9030) days after such date, provided, however, that a condition to the date exercise by Tenant of such taking if twenty percent (20%) or more right to terminate shall be that the portion of the Premises is taken shall be of such extent and nature as substantially to handicap, impede or impair Tenaxx'x xse of the remaining area balance of the Premises. In the event of the Taking of a material portion of the Project (whether or not the Premises is not reasonably sufficient for Tenant to continue operation of its businessaffected thereby), and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) 30 days after following such Taking. In the date event of such taking. If either any Taking, Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated entitled to any and all compensation, damages, income, rent, awards, or any interest therein whatsoever which may be paid or made in connection therewith, and Tenant shall have no claim against Landlord for the value of any unexpired Term of this Lease or otherwise. Notwithstanding the foregoing, Tenant may apply to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and condemning party for a separate award for Tenant's Proportionate Share relocation costs and loss of good will, unless such award diminishes the award otherwise payable to Landlord, in which case Tenant shall be equitably adjusted according to precluded from making such an application. In the remaining Rentable Area event of a partial Taking of the Premises and Project.which does not result in a termination of this

Eminent Domain. a. If the whole of or any substantial part of the Building or Premises is lawfully taken by condemnation any public authority under the power of eminent domain, or taken in any other manner for any public or quasi-public purposeuse, so as to render the remaining portion of the Premises unsuitable for the purposes intended hereunder, then the term of this Lease shall terminate cease as of the date of such taking, and Rent day possession shall be prorated taken by such public authority and Lessor shall make a pro rata refund of any prepaid rent. All damages awarded for such taking under the power of eminent domain or any like proceedings shall belong to such dateand be the property of Lessor, Lessee hereby assigning to Lessor Lessee's interest, if any, in said award. If less than In the whole event that fifty percent (50%) or more of the Building Office Complex building area or the Premises or fifty percent (50%) or more of the value of the Office Complex is so takentaken by public authority under the power of -39- eminent domain, this Lease then, at either party's option, by written notice to the other party mailed within sixty (60) days from the date possession shall be unaffected taken by such takingpublic authority, provided that (i) Tenant shall have the right to such party may terminate this Lease by notice to Landlord given effective upon a date within ninety (90) days after from the date of such taking notice. Further, if twenty percent (20%) the whole of or more any material part of the Premises is taken and by public authority under the power of eminent domain, or taken in any manner for any public or quasi-public use, so as to render the remaining area portion of the Premises is not reasonably sufficient unsuitable for Tenant the purposes intended hereunder, upon delivery of possession to continue operation the condemning authority pursuant to the proceedings, Lessee may, at its option, terminate this Lease as to the remainder of its businessthe Premises by written notice to Lessor, and such notice to be given to Lessor within thirty (ii30) Landlord days after Lessee receives notice of the taking. Any notice of termination shall specify the date no more than sixty (60) days after the giving of such notice as the date for such termination. Anything in this Article XII to the contrary notwithstanding, Lessee shall have the right to terminate prove in any condemnation proceedings and to receive any separate award which may be made for damages to or condemnation of Lessee's movable trade fixtures and equipment and for moving expenses; provided, however, Lessee shall in no event have any right to receive any award for its interest in this Lease or for loss of leasehold; and, provided further, Lessee shall not be entitled to claim any award to the extent the award to Lessor would be reduced below the amount which would be allowed to Lessor absent such claim by notice Lessee. Anything in this Article XII to Tenant given within ninety (90) days the contrary notwithstanding, in the event of a partial condemnation of the Office Complex or the Premises and this Lease is not terminated, Lessor shall, at its sole cost and expense, restore the Premises and Office Complex to a complete architectural unit and the Base Rent provided for herein during the period from and after the date of delivery of possession pursuant to such taking. If either Landlord or Tenant so elects proceedings to terminate the termination of this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated reduced to a sum equal to the date product of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to provided for herein multiplied by a fraction, the remaining Rentable Area numerator of which is the fair market rent of the Premises after such taking and Projectafter the same has been restored to a complete architectural unit, and the denominator of which is the fair market rent of the Premises prior to such taking.

Eminent Domain. a. If In the whole of event the Building Premises or Premises is lawfully any part thereof shall be taken by condemnation or in any other manner condemned either permanently or temporarily for any public or quasi-public purposeuse or purpose by any authority in appropriate proceedings or by any right of eminent domain, this Lease shall terminate the entire compensation award thereof, including, but not limited to, all damages as compensation for diminution in value of the date leasehold, reversion and fee, shall belong to Landlord, without any deduction therefrom for any present or future estate of such takingTenant, and Rent Tenant hereby assigns to Landlord all its right, title, and interest to any such award. Tenant shall have the right to recover from the condemning authority, but not from Landlord, such compensation as may be prorated separately awarded to such dateTenant. If less than In the whole event of a taking under the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that power of eminent domain of (i) more than twenty-five percent (25%) of the Premises, either Landlord or Tenant shall have the right to terminate this Lease by notice to Landlord in writing given within ninety (90) days after the date condemning authority takes possession, in which event all rents and other charges shall be prorated as of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such takingtermination. If either Landlord or Tenant so elects to terminate In the event of a taking of any portion of the Premises not resulting in a termination of this Lease, Landlord shall use so much of the proceeds of Landlord’s award for the Premises as is required therefor to restore the Premises to a complete architectural unit and this Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated continue in effect with respect to the date balance of termination. If this Lease continues the Premises, with a reduction of Minimum Rent in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according proportion to the remaining Rentable Area portion of the Premises and Projecttaken.

Eminent Domain. a. 21.01 If the whole of the Building or Premises is lawfully taken by condemnation or under threat thereof or in any other manner for any public or quasi-public purpose, purpose this Lease shall terminate as of the date of such taking, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (ithat: a) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more a significant portion of the Premises is taken and the remaining area of the Premises is not reasonably sufficient sufficient, in Tenant's reasonable business judgment, for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. , If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Project.

Eminent Domain. a. If (a) In the whole event the entire leased premises shall be appropriated or taken under the power of the Building or Premises is lawfully taken eminent domain by condemnation or in any other manner for any public or quasi-public purposeauthority, this Lease lease shall terminate and expire as of the date of such taking, and Rent both Landlord and Tenant shall thereupon be prorated to such datereleased from any liability thereafter accruing hereunder. If less In the event more than the whole twenty-five percent (25%) of the Building square footage of floor area (including mezzanine, if any) of the leased premises is taken under the power of eminent domain by any public or Premises is quasi-public authority, or if by reason of any appropriation or taking, regardless of the amount so taken, this Lease shall be unaffected by such takingthe remainder of the leased premises is not usable for the purposes for which the leased premises were leased, provided that (i) then either Landlord or Tenant shall have the right to terminate this Lease by lease as of the date Tenant is required to vacate a portion of the leased premises so taken upon giving notice to Landlord given within ninety (90) days after the date other in writing of such taking if twenty percent election within sixty (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (9060) days after the date of such taking. If either In the event of such termination, both Landlord and Tenant shall thereupon be released from any liability thereafter accruing hereunder. In the event a portion of the Shopping Center shall be taken, condemned or Tenant so transferred as aforesaid and as a result thereof Landlord, in its sole discretion, elects to terminate discontinue the operation of Landlord's Parcel, Landlord may cancel this Lease, the Lease by giving Tenant notice of its election and this Lease shall terminate on and shall become null and void ninety (90) days after said notice and the thirtieth (30th) day after either such notice. The Rent provisions with respect to the awards shall be prorated to the date as set forth in paragraph (b) of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectARTICLE 27.

Eminent Domain. a. If (a) In the event that title to the whole or any part of the Building leased premises shall be lawfully condemned or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-quasi- public purposeuse, this Lease and the term and estate hereby granted shall forthwith cease and terminate as of the date of such takingvesting of title and Lessor shall be entitled to receive the entire award, Lessee hereby assigning to Lessor Lessee's interest therein, if any. However, nothing herein shall be deemed to give Lessor any interest in or to require Lessee to assign to Lessor any award made to Lessee for the taking of leasehold improvements to the extent paid for by Lessee, personal property or fixtures belonging to Lessee or for the interruption of or damage to Lessee's business or for Lessee's moving expenses. (b) In the event that title to a part of the leased premises shall be so condemned or taken, and Rent shall be prorated to such date. If less than the whole remainder of the Building leased premises is not reasonably capable of being restored to a complete parking lot usable by Lessee, Lessor or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to Lessee may terminate this Lease and the term and estate hereby granted by notifying the other party of such termination within sixty (60) days following the date of vesting of title, and this Lease and the term and estate hereby granted shall expire on the date specified in the notice to Landlord given within ninety of termination, not less than sixty (9060) days after the date giving of such taking notice, as fully and completely as if twenty percent (20%) or more such date were the date hereinbefore set for the expiration of the Premises is taken and the remaining area term of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, and the Lease obligation of Lessee to pay Rent hereunder shall terminate on the thirtieth (30th) day after either as of such noticedate. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Project17.

Eminent Domain. a. If the whole of the Building or Premises Property is lawfully taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as of the earlier of the date of such takingtitle vests or the date possession is given, and Rent shall be prorated to such date. If less than the whole of the Building Property or Premises the improvements is so taken, this Lease shall be unaffected taken so as to render the balance of the Property unsuitable for use by the Tenant in the same manner as Tenant’s use of the Property at the time of such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) then Landlord shall have the right to terminate this Lease by notice improve the balance of the Property in such a manner that will permit the Tenant to use the Property in the same manner as Tenant’s use of the Property at the time of the taking. Such improvements shall include the replacement or construction of any improvements (in size, use and scope) lost as a result of the taking. Landlord’s obligation shall be limited to the consideration it receives as a result of the taking. In the event Landlord elects riot to or is unable to improve the Property to permit the Tenant given to use the Property in the same manner as Tenant’s use of the Property as of the taking, Landlord shall notify Tenant of such election or inability within fifteen (15) days of such taking and Tenant shall have ninety (90) days after the date of from such taking. If either Landlord or Tenant so elects notice to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of such termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area area of the Premises Property and Projectthe use thereof by Tenant.

Eminent Domain. a. If at any time during the whole term of this Lease a substantial part of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeuse, under any statute, or by right of eminent domain, then when possession shall have been taken of the Premises by the condemning authority, the term of this Lease, and all right of the Tenant under this Lease, shall immediately cease and terminate, and the rent shall be apportioned and paid to the time of such termination. If less than a substantial portion of the Premises shall be so taken or condemned but the utility of the Premises to Tenant shall be destroyed by such taking or condemnation, Tenant shall have the option to terminate this Lease shall terminate as of the date of such takingtaking or condemnation by delivery of written notice of exercise of such option to Landlord, and Rent shall be prorated to such date. If less not later than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that thirty (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (9030) days after the condemning authority shall have taken possession. If such option is exercised by Tenant, rent shall be apportioned to the date of such taking if twenty percent (20%) or more Tenant surrenders possession of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such takingLandlord. If either Landlord or Tenant so elects does not exercise such option to terminate this Lease, the this Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated remain in full force and effect as to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area portion of the Premises and Project.remaining, except that the rent shall be reduced in the proportion that the floor area of the building(s) on the Premises which are taken or condemned bears to the total floor area of the building

Eminent Domain. a. If the whole of the Building or Demised Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, then the term of this Lease lease shall terminate cease as of the day possession shall be taken by such public authority, and the rent shall be paid up to that date with a proportionate refund by Lessor of such taking, and Rent rent as shall be prorated to such datehave been paid in advance. If less In the event that more than the whole twenty percent (20%) of the Building floor area of the building or the parking areas in the Demised Premises is be so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant the Lessor shall have the right to terminate this Lease lease at the time and with the rent adjustment as above in this article provided, by giving Tenant written notice to Landlord given of termination within ninety thirty (9030) days after the date taking of possession by such taking if public authority. If twenty percent (20%) or more of the Premises is taken and the remaining floor area of the building in the Demised Premises is not reasonably sufficient for or twenty percent (20%) or more of the parking areas shall be so taken, then Tenant to continue operation of its business, and (ii) Landlord shall have the right either to terminate this Lease by lease, or, subject to Lessor's right of termination as set forth above in this Article, to continue in possession of the remainder of the Demised Premises upon notice in writing to Tenant given Lessor of Tenant's intention within ninety thirty (9030) days after such taking of possession. In the date of such taking. If either Landlord or event Tenant so elects to terminate this Leaseremain possession, and Lessor does not so terminate, all of the Lease terms herein provided shall terminate continue in effect except that the rent shall be proportionately and equitably abated based on the thirtieth (30th) day after either area of the Demised Premises, if any, taken and Lessor shall make all necessary repairs of alterations to the building. All damages awarded for such notice. The Rent taking under the power of eminent domain, whether for the whole or a part of the Demised Premises, shall be prorated the property of Lessor whether such damages shall be awarded as compensation for diminution in value of the leasehold or to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area fee of the Premises Demised Premises; provided, however, that Lessor shall not be entitled to any separate award made to Tenant for loss of business, depreciation to, and Projectcost of removal of stock and fixtures, and relocation of its business.

Eminent Domain. a. If the leased Premises, or any part thereof, or the whole or any part of the Building or Premises is lawfully Property of which they are a part, shall be taken by condemnation or in any other manner for any purpose by exercise of the power of eminent domain or condemnation, or by action of the city or other authorities or shall receive any direct or consequential damage for which the Lessor or Lessee shall be entitled to compensation by reason of anything lawfully done in pursuance of any public authority after the execution hereof and during the Lease Term, or quasi-public purposeany extension of renewal thereof, then at the option of either the Lessor or the Lessee, this Lease and said term shall terminate as and such option may be exercised in the case of any such taking, notwithstanding the entire interest of the Lessor and the Lessee may have been divested by such taking. Said option to terminate shall be exercised by either the Lessor or the Lessee, by giving a written notice of exercise of such option to terminate in accordance with the notice provisions of this Lease set forth below. Said option to terminate shall not be exercised by either party (a) earlier than the effective date of taking, nor (b) later than thirty (30) days after the effective date of taking. If this Lease and said term are not so terminated, then in case of any such taking or destruction of or damage to the leased Premises, rendering the same or any part thereof unfit for use and occupation, a just proportion of the rent hereinbefore reserved, according to the nature and extent of the damage to the leased Premises, shall be suspended or abated until, in the case of such taking, and Rent shall be prorated to such date. If less than the whole what may remain of the Building leased Premises, shall have been put in proper condition for use and occupation. The Lessee hereby assigns to the Lessor any and all claims and demands for damages on account of any such taking or Premises is so takenfor compensation for anything lawfully done in pursuance of any public authority, this Lease and covenants with the Lessor that the Lessee will from time to time execute and deliver to the Lessor such further instruments of assignment of any such claims and demands as the Lessor shall be unaffected by such takingrequest, provided however that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is Lessee does not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated assign to the date of termination. If this Lease continues in force Lessor any claims based upon such partial taking, the Base Rent and TenantXxxxxx's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Projectpersonal property or other improvements installed by Lessee with Lessor's written permission.

Eminent Domain. a. If In case the whole of the Premises, or such part thereof as, in the reasonable determination of Landlord, shall substantially interfere with Tenant's use and occupation thereof, or such portion of the Building or Premises is lawfully Project as, in the reasonable determination of Landlord, shall substantially interfere with Landlord's ability to perform its obligations under this Lease, shall be taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as purpose by any lawful power or authority by exercise of the date right of appropriation, condemnation or eminent domain, or be sold in lieu of or to prevent such taking, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant either party shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after effective as of the date possession is required to be surrendered to said authority. In the case of such a taking if twenty percent (20%) or more of a portion of the Premises is Premises, in the event the amount of property or the type of estate taken and shall not, in the remaining area reasonable determination of Landlord, substantially interfere with the conduct of Tenant's business, Landlord shall promptly proceed to restore the Premises is not reasonably sufficient for Tenant to continue operation of its businesssubstantially their same condition prior to such partial taking (less the portion thereof lost in such condemnation), and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to proportionately reduced by the remaining Rentable Area portion of the Premises which Tenant shall have been deprived of on account of said taking, effective as of the date possession is required to be surrendered to the condemning authority. In the event, however, that such taking is for temporary use only, this Lease shall continue in full force and Projecteffect, and Tenant shall continue to comply with all of the provisions hereof, except as such compliance shall be rendered impossible or impracticable by reason of such temporary taking. Rent shall xxxxx during the course of a temporary taking of the Premises or a portion thereof to the extent and for the period of time that the Premises or portion thereof so taken shall have been rendered untenantable.

Eminent Domain. a. If 9.01. In the event that the whole of the Building demised premises shall be lawfully condemned or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-quasi- public use or purpose, this Lease and the term and estate hereby granted shall forthwith cease and terminate as of the date of such vesting of title (hereinafter referred to as the "date of taking"), and Rent Tenant shall have no claim against Landlord for, or make any claim for, the value of any unexpired term of this Lease, and the rent and additional rent shall be prorated to apportioned as of such date. If less than 9.02. In the whole event that any part of the Building demised premises shall be so condemned or Premises is so taken, then this Lease shall be and remain unaffected by such condemnation or taking, provided except that (i) Tenant the rent and additional rent allocable to the part so taken shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after be apportioned as of the date of such taking if twenty percent provided, however, that Tenant may elect to cancel this Lease in the event that*** more than twenty-five (2025%) or more of the Premises demised premises should be so condemned or taken, provided such notice of election is taken and the remaining area of the Premises is not reasonably sufficient for given by Tenant to continue operation of its business, and Landlord not later than thirty ** such condemnation or taking results in Tenant being unable to reasonably use the demised premises for the purposes permitted hereunder (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Project.a "Material Taking"),

Eminent Domain. a. If If, before the whole Closing Date, proceedings are commenced for the taking by exercise of the Building power of eminent domain of all or Premises is lawfully taken any material part of the Property which, as reasonably determined by condemnation Buyer, would render the Property unacceptable to Buyer or unsuitable for Buyer's intended use, Buyer shall have the right, by giving written notice to Seller within fifteen (15) days after Seller gives notice of the commencement of such proceedings to Buyer, to terminate this Agreement, in any other manner for any public or quasi-public purpose, which event this Lease Agreement shall terminate as and neither party shall have any rights or obligations hereunder (except the rights and obligations that expressly survive the termination of the date of such takingthis Agreement), and Rent the Deposit (including any interest accrued thereon) shall be prorated returned to such dateBuyer. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have Buyer has the right to terminate this Lease by notice Agreement pursuant to Landlord given within ninety the preceding sentence but Buyer does not exercise such right, then this Agreement shall remain in full force and effect and, on the Closing Date, the condemnation award (90) days after the date of such taking or, if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its businesstheretofore received, and (ii) Landlord shall have the right to terminate this Lease by receive such award) payable on account of the taking shall be transferred to Buyer. Seller shall give notice to Tenant given within ninety Buyer promptly after Seller's receiving notice of the commencement of any proceedings for the taking by exercise of the power of eminent domain of all or any part of the Property. Buyer shall have a period of fifteen (9015) days (or such shorter period as Buyer may elect by giving written notice to Seller) after Seller has given the date notice to Buyer required by this Section 7.4 to evaluate the extent of such taking. If either Landlord or Tenant so elects the taking and make the determination as to whether to terminate this LeaseAgreement. If necessary, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent Closing Date shall be prorated postponed until Seller has given the notice to Buyer required by this Section 7.4 and the date period of termination. If fifteen (15) days described in this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectSection 7.4 has expired.

Eminent Domain. a. If at any time during the whole term of this Lease the entire Premises or any, part thereof shall be taken as a result of the Building exercise of the power of eminent domain or Premises is lawfully taken by condemnation or an agreement in any other manner for any public or quasi-public purposelieu thereof, this Lease shall terminate as to the part so taken as of the date possession is taken by the condemning authority. If all or any substantial portion of such taking, and Rent the Premises shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to Landlord may terminate this Lease at its option, by giving Tenant written notice to Landlord given within ninety (90) days after the date of such taking if twenty percent termination within thirty (20%30) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date day's of such taking. If either Landlord all or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area a portion of the Premises taken are so substantial that Tenant's use of the Premises is substantially impaired, Tenant may terminate this Lease at its option, but giving, landlord written notice of such termination within thirty (30) days of such taking. If neither party terminates this Lease pursuant this Article. this Lease shall remain in full force and Projecteffect, except that the rent payable by Tenant hereunder shall be reduced in the proportion that the area of the Premises so taken bears to the total Premises. Landlord shall be entitled to and Tenant hereby assigns to Landlord the entire amount of any award in connection with such taking. Nothing, in this Article shall give Landlord any interest in or preclude Tenant from seeking, on its own account, any award attributable to the taking of personal property or trade mixtures belonging to Tenant, or for the interruption of Tenant's business.

Eminent Domain. a. If the whole or any part of the Building or Premises is lawfully shall be taken by condemnation or in any other manner for any public or quasi-quasi public purposeuse under any statute or by right of eminent domain or by deed in lieu thereof, this Lease shall terminate as of Lessee reserves unto itself the date of such taking, and Rent shall be prorated right to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected prosecute its claim for any award based upon injury caused to its leasehold interest by such taking, provided without impairing any rights of Lessor for the taking of or injury to the reversion. In the event a part of the Premises shall be taken and that (i1) Tenant the part so taken includes the building on the Premises or any part thereof, or (2) the part so taken shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date consist of such taking if twenty five percent (2025%) or more of the Premises is total parking area; or (3) such part so taken and the remaining area of shall result in cutting off direct access from the Premises is not reasonably sufficient for Tenant to continue operation any adjacent street or highway, then and in any such event, Lessee may at any time either prior to or within a period of its business, and sixty (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (9060) days after the date when possession of such taking. If either Landlord or Tenant so elects the Premises shall be required by the taking authority, elect to terminate this Lease, . In the event neither Lessor or Lessee shall exercise such option to terminate this Lease shall terminate on or in the thirtieth (30th) day after either such notice. The Rent event that a part of the Premises shall be prorated taken under circumstances under which the Lessee will have no such option, then the Lessor shall, at its own cost and expense and with reasonable promptness, restore the remaining portion of the Premises to the date extent necessary to reconstitute the improvements thereon as a complete architectural unit, susceptible to the same use as that which was in effect immediately prior to such taking and the rental payable under the provisions of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted reduced according to the remaining Rentable Area decrease in the utility of the Premises for Lessee's intended use and Projectthe effect thereof upon the business of the Lessee.

Eminent Domain. a. If at any time during the whole Term of this Lease the entire Premises or any part thereof shall be taken as a result of the Building exercise of the power of eminent domain or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purposesold under threat of the exercise of such power (a “taking”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes possession or title, whichever occurs first. If all or any substantial portion of the Premises, or any portion of the Building other than the Premises, shall be taken, Landlord may terminate this Lease, at its option, by giving Tenant written notice of such termination within thirty (30) days of such taking, and Rent shall be prorated to such date. If less than the whole all or a portion of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after the date in excess of such taking if twenty percent (20%) or more of the floor area thereof shall be taken with the result that Tenant’s use of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for substantially impaired, Tenant to continue operation of its business, and (ii) Landlord shall have the right to may terminate this Lease at its option by giving Landlord written notice to Tenant given of such termination within ninety thirty (9030) days after the date of such taking. If either Landlord or Tenant so elects neither party terminates this Lease pursuant to terminate this LeaseArticle, the this Lease shall terminate on remain in full force and effect except that the thirtieth (30th) day after either such notice. The Rent rent payable by Tenant hereunder shall be prorated reduced in the same proportion as the floor area taken in the Premises bears to the date of terminationtotal floor area in the Premises. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share Landlord shall be equitably adjusted according entitled to and Tenant hereby assigns to Landlord the entire amount of any award or payment made in connection with a taking; provided, however, that Tenant shall be entitled to any payment or award attributable to the remaining Rentable Area taking of the Premises and Projectremovable personal property or trade fixtures belonging to Tenant.

Eminent Domain. a. If (a) In the whole event the entire Leased Premises shall be appropriated or taken under the power of the Building or Premises is lawfully taken eminent domain by condemnation or in any other manner for any public or quasi-public purposeauthority, this Lease shall terminate and expire as of the date of such taking, and Rent both Landlord and Tenant shall thereupon be prorated to such datereleased from any liability thereafter accruing hereunder. If less In the event more than the whole twenty-five percent (25%) of the Building or square footage of floor area (including mezzanine, if any) of the Leased Premises is taken under the power of eminent domain by any public or quasi-public authority, or if by reason of any appropriation or taking, regardless of the amount so taken, this Lease shall be unaffected by such takingthe remainder of the Leased Premises is not usable for the purposes of which the Leased Premises were leased, provided that (i) then either Landlord or Tenant shall have the right to terminate this Lease by as of the date Tenant is required to vacate a portion of the Leased Premises so taken upon giving notice to Landlord given within ninety (90) days after the date other in writing of such taking if twenty percent election within sixty (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (9060) days after the date of such taking. If either In the event of such termination, both Landlord and Tenant shall thereupon be released from any liability thereafter accruing hereunder. In the event a portion of the Shopping Center shall be taken, condemned or Tenant so transferred as aforesaid and as a result thereof Landlord, in its sole discretion, elects to terminate discontinue the operation of Landlord's remaining parcel, Landlord may cancel this Lease, the Lease by giving Tenant notice of its election and this Lease shall terminate on and shall become null and void ninety (90) days after said notice and the thirtieth (30th) day after either such notice. The Rent provisions with respect to the awards shall be prorated to the date as set forth in paragraph (b) of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and ProjectARTICLE 27.

Eminent Domain. a. If the whole any portion of the Building Premises shall be taken or Premises is lawfully taken appropriated by condemnation or in any other manner for any public or quasi-public purposeauthority under the power of eminent domain, this Lease shall terminate as or more than 15.00 percent of the date of such taking, and Rent shall be prorated to such date. If less than the whole Tenant's parking spaces or any portion of the Building or Premises is so takenCommon Facilities reasonably required for the Tenant's authorized use of the Premises, this Lease shall be unaffected by such taking, provided that (i) Tenant either party shall have the right right, at its option, to terminate this Lease by giving written notice to the other party, and Landlord given within ninety (90) days after shall be entitled to any and all income, rent, award, or any interest therein whatsoever which may be paid or made in connection with such public or quasi-public use or purpose, and Tenant shall have no claim against Landlord for the date value of such taking if twenty percent (20%) any unexpired term of this Lease. If any portion of the Premises or more any portion of the Building or Common Facilities reasonably required for the Tenant's authorized use of the Premises is taken and neither party elects to terminate as herein provided, the remaining area Rent thereafter to be paid shall be equitably reduced. If more than ten percent (10%) of the Building other than the Premises is not reasonably sufficient for Tenant to continue operation of its businessmay be so taken or appropriated, and (ii) Landlord shall have the right at its option to terminate this Lease by giving thirty (30) days written notice to Tenant given within ninety (90) days after and shall be entitled to the date entire award as above provided. Tenant shall, however, have the right to pursue a separate claim for any other damage suffered as a result of such taking. If either Landlord or Tenant so elects to does not terminate this LeaseLease in accordance with this Section, Landlord shall forwith restore the Lease shall terminate on Premises, Building and Common Facilities affected by the thirtieth (30th) day after either such notice. The Rent shall be prorated taking to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to the remaining Rentable Area of the Premises and Projectfullest extent possible.

Eminent Domain. a. If In case the whole of the Premises, or such part thereof as, in the reasonable determination of Landlord, shall substantially interfere with Tenant's use and occupation thereof, or such portion of the Building or Premises is lawfully Project as, in the reasonable determination of Landlord, shall substantially interfere with Landlord's ability to perform its obligations under this Lease, shall be taken by condemnation or in any other manner for any public or quasi-public purpose, this Lease shall terminate as purpose by any lawful power or authority by exercise of the date right of appropriation, condemnation or eminent domain, or be sold in lieu of or to prevent such taking, and Rent shall be prorated to such date. If less than the whole of the Building or Premises is so taken, this Lease shall be unaffected by such taking, provided that (i) Tenant either party shall have the right to terminate this Lease by notice to Landlord given within ninety (90) days after effective as of the date possession is required to be surrendered to said authority. In the case of such a taking if twenty percent (20%) or more of a portion of the Premises is Premises, in the event the amount of property or the type of estate taken and shall not, in the remaining area reasonable determination of Landlord, substantially interfere with the conduct of Tenant's business, Landlord shall promptly proceed to restore the Premises is not reasonably sufficient for Tenant to continue operation of its businesssubstantially their same condition prior to such partial taking (less the portion thereof lost in such condemnation), and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, the Lease shall terminate on the thirtieth (30th) day after either such notice. The Rent shall be prorated to the date of termination. If this Lease continues in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to proportionately reduced by the remaining Rentable Area portion of the Premises which Tenant shall have been deprived of on account of said taking, effective as of the date possession is required to be surrendered to the condemning authority. In the event, however, that such taking is for temporary use only for a period of less than ninety (90) days, this Lease shall continue in full force and Projecteffect, and Tenant shall continue to comply with all of the provisions hereof, except as such compliance shall be rendered impossible or impracticable by reason of such temporary taking. Rent shall xxxxx during the course of a temporary taking of the Premises or a portion thereof to the extent and for the period of time that the Premises or portion thereof so taken shall have been rendered untenantable.

Eminent Domain. a. If the whole of the entire Building or Premises is lawfully taken by condemnation or in any other manner for any public or quasi-public purposeeminent domain, this Lease Agreement shall automatically terminate as of the date of such taking, and Rent shall be prorated to such date. If less than the whole a portion of the Building or Premises is so takentaken by eminent domain, this Lease shall be unaffected by such taking, provided that (i) Tenant the Landlord shall have the right to terminate this Lease by Agreement, provided it gives written notice thereof to Landlord given the Tenant within ninety (90) days after the date of such taking if twenty percent (20%) or more taking. If a portion of the Premises is taken by eminent domain and the remaining area of the Premises this Lease Agreement is not reasonably sufficient for terminated by Landlord, Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by Agreement, provided it gives written notice thereof to Tenant given Landlord within ninety (90) days after of the date of such taking. If either neither Landlord or nor Tenant so elects to terminate this Leaseterminates, the Lease shall terminate on Landlord shall, at its expense, restore the thirtieth (30th) day after either such notice. The Rent shall be prorated Premises to as near the condition which existed immediately prior to the date of termination. If this Lease continues taking as reasonably possible, and the rentals shall xxxxx during such period of time us the Premises are untenantable, in force upon such partial taking, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to proportion that the remaining Rentable Area untenantable portion of the Premises bears to the entire Premises. All damages awarded for such taking under the power of eminent domain shall belong to and Projectbe the sole property of Landlord, irrespective of the basis upon which they are awarded, provided, however, that nothing contained herein shall prevent Tenant from making a separate claim to the condemning authority for its moving expenses and trade fixtures. For purposes of this Article, a taking by eminent domain shall include Landlord's giving of a deed under threat of condemnation, and shall be deemed to occur on the earlier of the date fee simple title has vested or possession has been obtained by the taking authority.

Eminent Domain. a. If (1) the whole or more than fifty percent (50%) of the Building floor area of the Premises shall be taken or Premises is lawfully taken condemned by condemnation or in any other manner Eminent Domain for any public or quasi-public use or purpose, and either Landlord or Tenant shall elect, by giving written notice to the other, or (2) more than twenty-five percent (25%) of the rentable floor area of the Building shall be so taken, and Landlord elects to terminate the leases allocable to at least 25% of the rentable area of the Building, and Landlord shall elect, in its sole discretion, by giving written notice to Tenant, any written notice to be given not more than sixty (60) days after the date on which title shall vest in such condemnation proceeding, to terminate this Lease, then, in either such event, the Term of this Lease shall cease and terminate as of the date of such takingtitle vesting. In case of any taking or condemnation, and Rent shall be prorated to such date. If less than whether or not the whole Term of the Building or Premises is so taken, this Lease shall cease and terminate, the entire award shall be unaffected by the property of Landlord, and Tenant hereby assigns to Landlord all its right, title and interest in and to any such takingaward, provided except that (i) Tenant shall have be entitled to claim, prove and receive in the right to terminate this Lease proceedings such awards as may be allowed for moving expenses, loss of profit and fixtures and other equipment installed by notice to Landlord given within ninety (90) days after it which shall not, under the date terms of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area of the Premises is not reasonably sufficient for Tenant to continue operation of its business, and (ii) Landlord shall have the right to terminate this Lease by notice to Tenant given within ninety (90) days after the date of such taking. If either Landlord or Tenant so elects to terminate this Lease, be or become the Lease shall terminate on property of Landlord at the thirtieth (30th) day after either termination hereof, but only if such notice. The Rent awards shall be prorated to made by the date of termination. If this Lease continues condemnation, court or other authority in force upon such partial takingaddition to, and be stated separately from, the Base Rent and Tenant's Proportionate Share shall be equitably adjusted according to award made by it for the remaining Rentable Area of the Premises and Project.Property or part thereof so taken . LL INITIAL____JW________ TENANT INITIAL___GH_____________