Common use of PARTIAL Clause in Contracts

PARTIAL. If the taking is of less than substantially all of the Land and Building and if this Lease is for any reason not terminated pursuant to the following Paragraph 16.C, Landlord shall as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all of the award received by Landlord and Tenant (but not in excess thereof) so as to provide to the extent reasonably possible, comparable space and amenities to those enjoyed by Tenant under this Lease prior to the taking; in such event this Lease shall continue in force at the square foot rental rates and adjustment herein provided for the Premises applied to the Rentable Area of the Premises existing in the Building as restored, but Base Rent, Additional Rent and other charges due hereunder shall abatx xxx the portions of the Premises affected as to periods when the Premises is not available for use by Tenant in the ordinary course of its business as a result of such taking and work of restoration. In the event the taking is of less than substantially all of the Land and Building and does not affect the Premises or any other interest of Tenant under this Lease to which an economic value can be determined and computed by the court having jurisdiction, Tenant shall have no right to a single award or share of the award as provided in the preceding grammatical paragraph, provided that to the extent required, all of the award received by Landlord shall be used by Landlord to restore the Land and Building as provided above in this Paragraph. If the parties are unable to agree whether a taking is of substantially all of the Land and Building or the extent of any required restoration, then the matter shall be determined by arbitration pursuant to Paragraph 33 hereof.

PARTIAL. If twenty-five (25%) percent or more of the taking is gross leasable area of less than substantially the Premises shall be so taken, then Landlord or Tenant shall have the right to terminate this Lease by notice given to the other within sixty (60) days after the date of title vesting in such proceeding. If any part of the Premises shall be so taken and this Lease shall not be terminated, as aforesaid, then this Lease and all of the Land terms and Building provisions hereof shall continue in full force and if this Lease is for any reason not terminated pursuant effect, except that the Minimum Rent shall be reduced in the same proportion that the rentable area of the Premises taken bears to the following Paragraph 16.Coriginal rentable area of the Premises, and Landlord shall, upon receipt of the award in condemnation, make all necessary repairs and alterations (exclusive of Tenant's property, including trade and lighting fixtures, furniture, furnishings, personal property, decorations, signs and contents) to restore the portion of the Premises remaining as near to its former conditions as the circumstances will permit, and to the Building to the extent necessary to constitute the portion of the Building not so taken a complete architectural unit; provided, however, that Landlord, in any event, shall not be required to spend for such repairs and alterations an amount in excess of the amount received by Landlord as damages for the taking of such part of the Premises, and Tenant, at Tenant's expense, shall make all necessary repairs and alterations to Tenant's property, including trade and lighting fixtures, furniture, furnishings, personal property, signs and contents. As used herein, the amount received by Landlord shall mean that portion of the award in condemnation received by Landlord as damages from the condemning authority which is free and clear of all ground or underlying lessors, and less reasonable attorneys' and appraisers' fees and expenses. If more than fifty (50%) percent of the rentable area of either the Building or the Commercial Center shall be taken as aforesaid, Landlord shall have the right, by notice given to Tenant, to terminate this Lease, such termination to be effective as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all of the award received by Landlord and Tenant date of title vesting in such proceedings. If, as a result of any taking, the remaining parking areas equal or exceed seventy-five (but not in excess thereof75%) so percent of the parking areas as to provide to the extent reasonably possible, comparable space and amenities to those enjoyed by Tenant under this Lease same existed prior to the such taking; in such event this Lease , Tenant shall continue in force at the square foot rental rates and adjustment herein provided for the Premises applied not be entitled to the Rentable Area compensation, diminution or abatement of the Premises existing in the Building as restored, but Base Rent, Additional Rent and any rents or other charges due hereunder or sums reserved hereunder, nor shall abatx xxx the portions of the Premises affected as to periods when the Premises is not available for use by Tenant in the ordinary course of its business same be deemed an actual or construction evidence. If as a result of such taking and work of restoration. In the event the taking is of less than substantially all remaining parking areas are reduced below seventy-five (75%) percent of the Land and Building and does not affect parking areas as the Premises same existed prior to such taking, Landlord shall have the right, to supply substitute parking facilities on the property of Landlord or within reasonable proximity to the Commercial Center. If Landlord shall be unable to replace or substitute any other interest such parking facilities so taken to comply with the provisions of Tenant under this Lease to which an economic value can be determined and computed by the court having jurisdictionpreceding sentence, then Landlord or Tenant shall have no the right and option to a single award or share cancel and terminate this Lease within ninety (90) days after the taking by giving the other party thirty (30) days' written notice; and in such event, this Lease shall cease and terminate upon the expiration of said thirty (30) days and neither party thereafter shall have any further rights and obligations as against the award as provided in other. If, pursuant to the preceding grammatical paragraphsentence, provided that neither party shall have so cancelled and terminated this Lease, then Tenant shall not be entitled to the extent requiredcompensation, all of the award received by Landlord shall be used by Landlord to restore the Land and Building as provided above in this Paragraph. If the parties are unable to agree whether a taking is of substantially all of the Land and Building diminution or the extent abatement of any required restorationrents, then charges or other sums reserved hereunder, nor shall the matter shall failure to replace or substitute any such parking facilities so taken be determined by arbitration pursuant to Paragraph 33 hereofdeemed an actual or constructive eviction.

PARTIAL. If any part of the leased premises shall be so taken and such partial taking is shall render that portion not so taken unsuitable for the purposes for which the leased premises were leased, then LANDLORD and TENANT shall each have the right to terminate this lease by written notice given to the other within sixty (60) days after the date of less than substantially title vesting in such proceeding. If any part of the leased premises shall be so taken and this lease shall not be terminated, as aforesaid, then this lease and all of the Land terms and Building provisions thereof shall continue in full force and if this Lease is for any reason not terminated pursuant effect, except that the maximum guaranteed annual rent shall be reduced in the same proportion that the gross leasable area of the leased premises taken bears to the following Paragraph 16.Coriginal gross leasable area leased and, Landlord shall as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all LANDLORD shall, upon receipt of the award received by Landlord in condemnation, make all necessary repairs and Tenant alterations (but not in excess thereofexclusive of TENANT'S furnishings, fixtures, equipment and signs) so to restore the portion of the leased premises remaining to as near its former condition as the circumstances will permit, and to provide the building of which the leased premises forms a part to the extent reasonably possible, comparable space and amenities necessary to those enjoyed by Tenant under this Lease prior to constitute the taking; in such event this Lease shall continue in force at the square foot rental rates and adjustment herein provided for the Premises applied to the Rentable Area portion of the Premises existing in the Building as restoredbuilding not so taken a complete architectural unit; and TENANT, but Base Rentat TENANT'S expense, Additional Rent shall make all necessary repairs and other charges due hereunder shall abatx xxx the portions of the Premises affected as alterations to periods when the Premises is not available for use by Tenant in the ordinary course of its business as a result of such taking TENANT'S furnishings, fixtures, equipment and work of restorationsigns. In the event the taking is of less than substantially all of the Land and Building and does not affect the Premises or any other interest of Tenant under this Lease to which an economic value can be determined and computed by the court having jurisdiction, Tenant shall have no right to a single award or share of the award as provided in the preceding grammatical paragraph, provided that to the extent required, all of the award received by Landlord shall be used by Landlord to restore the Land and Building as provided above in this Paragraph. If the parties are unable to agree whether a taking is of substantially all of the Land and Building or the extent of any required restoration, then the matter shall be determined by arbitration pursuant to Paragraph 33 hereof.LANDLORD_______________ TENANT ________________

PARTIAL. If any part of the Demised Premises shall be taken as aforesaid, and such partial taking shall render that portion not so taken unsuitable for the business of Tenant, then this Lease and the term herein shall cease and terminate as aforesaid. If such partial taking is of less than substantially all not extensive enough to render the premises unsuitable for the business of the Land and Building and if this Lease is for any reason not terminated pursuant to the following Paragraph 16.CTenant, Landlord shall as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all of the award received by Landlord and Tenant (but not in excess thereof) so as to provide to the extent reasonably possible, comparable space and amenities to those enjoyed by Tenant under this Lease prior to the taking; in such event then this Lease shall continue in force at effect except that the square foot rental rates rent shall be reduced in the same proportion that the floor area of the Demised Premises taken bears to the original floor area demised and adjustment herein provided Landlord shall, upon receipt of the award in condemnation, make all necessary repair or alterations to the building in which the Demised Premises are located so as to constitute the portion of the building not taken a complete architectural unit, but such work shall not exceed the scope of the work to be done by Landlord in originally constructing said building. nor shall Landlord in any event be required to spend for such work an amount in excess of the amount received by Landlord as damages for the part of the Demised Premises applied so taken. "Amount received by Landlord" shall mean that part of the award in condemnation which is free and clear to Landlord of any collection by mortgages for the value of the diminished fee; (c) if more than twenty (20%) percent of the floor area of the building in which the Demised Premises are located shall be taken as aforesaid, Landlord may. by written notice to Tenant, terminate this Lease, such termination to be effective as aforesaid; (d) if this Lease Is terminated as provided In this paragraph, the rent shall be paid up to the Rentable Area day that possession is taken by public authority and Landlord shall make an equitable refund of the Premises existing in the Building as restored, but Base Rent, Additional Rent and other charges due hereunder shall abatx xxx the portions of the Premises affected as to periods when the Premises is not available for use any rent paid by Tenant in the ordinary course of its business as a result of such taking and work of restoration. In the event the taking is of less than substantially all of the Land and Building and does not affect the Premises or any other interest of Tenant under this Lease to which an economic value can be determined and computed by the court having jurisdiction, advance; (e) Award: Tenant shall have no right not be entitled to a single award or share of the award as provided in the preceding grammatical paragraph, provided that and expressly waives all claim to the extent required, all of the award received by Landlord shall be used by Landlord to restore the Land and Building as provided above in this Paragraph. If the parties are unable to agree whether a taking is of substantially all of the Land and Building or the extent of any required restoration, then the matter shall be determined by arbitration pursuant to Paragraph 33 hereof.any

PARTIAL. If any part of the Premises shall be taken by eminent domain and such partial taking is shall render that portion not so taken unsuitable for the purposes for which the Premises were leased, then Landlord and Tenant shall each have the right to terminate this Lease by written notice given to the other within thirty (30) days after notice of less than substantially such taking. If any part of the Premises shall be so taken and this Lease shall not be terminated as aforesaid, then this Lease and all of the Land terms and Building provisions hereof shall continue in full force and effect, except that the Fixed Minimum Rent and Tenant’s Proportionate Share of Common Area Costs and Tenant’s Proportionate Share of real estate taxes shall be reduced in the same proportion that the floor area of the Premises taken (including basement and mezzanine space, if this Lease is for any reason not terminated pursuant any) bears to the following Paragraph 16.Coriginal floor area demised, and Landlord shall as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all shall, upon receipt of the award in condemnation, make all necessary repairs or alterations (exclusive of Tenant’s trade fixtures, decorations, signs and contents) to restore the portion of the Premises remaining to as near its former condition as the circumstances will permit, and to the Shopping Center to the extent necessary to constitute the portion of the Shopping Center not so taken a complete architectural unit; provided, however, that Landlord, in any event, shall not be required to spend for such repair and alteration work an amount in excess of the respective amounts received by Landlord and Tenant (but not in excess thereof) so as to provide to the extent reasonably possible, comparable space and amenities to those enjoyed by Tenant under this Lease prior to the taking; in such event this Lease shall continue in force at the square foot rental rates and adjustment herein provided damages for the Premises applied to the Rentable Area taking of such part of the Premises existing in the Building as restored, but Base Rent, Additional Rent and other charges due hereunder shall abatx xxx the portions of the Premises affected as Shopping Center, and Tenant, at Tenant’s expense, shall make all necessary repairs and alterations to periods when the Premises is not available for use by Tenant in the ordinary course of its business as a result of such taking Tenant’s trade fixtures, decorations, signs and work of restoration. In the event the taking is of less than substantially all of the Land and Building and does not affect the Premises or any other interest of Tenant under this Lease to which an economic value can be determined and computed by the court having jurisdiction, Tenant shall have no right to a single award or share of the award as provided in the preceding grammatical paragraph, provided that to the extent required, all of the award received by Landlord shall be used by Landlord to restore the Land and Building as provided above in this Paragraph. If the parties are unable to agree whether a taking is of substantially all of the Land and Building or the extent of any required restoration, then the matter shall be determined by arbitration pursuant to Paragraph 33 hereofcontents.

PARTIAL. If In the taking is of less than substantially all event that any portion of the Land Premises, the Allocated Parking, the Building, the Property, or COUNTY’s access thereto, is taken by Condemnation and Building and if this Lease COUNTY determines, in its commercially reasonable discretion, that COUNTY is for any reason not terminated pursuant unable to the following Paragraph 16.C, Landlord shall as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all of the award received by Landlord and Tenant (but not in excess thereof) so as to provide to the extent reasonably possible, comparable space and amenities to those enjoyed by Tenant under this Lease prior to the taking; in such event this Lease shall continue in force conduct its operations at the square foot rental rates and adjustment herein provided for the Premises applied to the Rentable Area of the Premises existing in the Building as restored, but Base Rent, Additional Rent and other charges due hereunder shall abatx xxx the portions of the Premises affected as to periods when the Premises is not available for use by Tenant in the ordinary course of its business as a result of such taking partial taking, COUNTY shall have right, at its option, to terminate the Lease by providing LANLDORD with notice to be given within thirty (30) days after COUNTY’s receipt of the Condemnation Notice from LANDLORD, or if LANDLORD fails to provide COUNTY with a Condemnation Notice, within thirty (30) days after the date the condemning authority takes possession. If COUNTY does not exercise its right to terminate the Lease as provided herein, the Lease shall continue in full force and work effect, except that if a portion of restorationthe Premises was taken, the Premises shall be reduced by the portion taken and the Monthly Rent and any other sums due under the Lease shall be reduced in the same proportion as the floor area of the Premises taken bears to the original floor area of the Premises and if the Allocated Parking, COUNTY’s access, or other portions of the Property affecting COUNTY’s use of the Premises was partially taken, the Monthly Rent and other sums due shall be equitably adjusted. In the event the taking is of less than substantially all of the Land and Building and does not affect the Premises or any other interest of Tenant under this Lease to which an economic value can be determined and computed by the court having jurisdictionaddition, Tenant LANDLORD shall have no right to a single award or share of the award as provided in the preceding grammatical paragraph, provided that to the extent required, all of proceeds of the condemnation award received by payable to Landlord shall be used by Landlord are available and paid to Landlord, diligently restore the Land and Building as provided above in this Paragraph. If the parties are unable to agree whether a taking is of substantially all remainder of the Land improvements on the Premises so far as practicable to a complete unit of like quality and Building or condition to that which existed immediately prior to the extent of any required restoration, then the matter shall be determined by arbitration pursuant to Paragraph 33 hereoftaking.

PARTIAL. If twenty-five percent (25%) or more of the taking is gross leasable area of less than substantially the Demised Premises shall be so taken, then either Landlord or Tenant shall have the right to terminate this Lease by notice given to the other party within sixty (60) days after the date of title vesting in such proceeding. If any part of the Demised Premises shall be so taken and this Lease shall not be terminated, as aforesaid, then this Lease and all of the Land terms and Building provisions hereof shall continue in full force and if this Lease is for any reason not terminated pursuant effect, except that the Fixed Minimum Rent shall be reduced in the same proportion that the gross leasable area of the Demised Premises taken bears to the following Paragraph 16.Coriginal gross leasable area of the Demised Premises, and Landlord shall as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all shall, upon receipt of the award in condemnation, make all necessary repairs and alterations (exclusive of Tenant's trade and lighting fixtures, furniture, furnishings, personal property, decorations, signs and contents) to restore the portion of the Demised Premises remaining to as near its former condition as the circumstances will permit, and to the building of which the Demised Premises form a part to the extent necessary to constitute the portion of the building not so taken a complete architectural unit; provided, however, that Landlord in any event, shall not be required to spend for such repairs and alterations an amount in excess of the respective amounts received by Landlord and Tenant (but not in excess thereof) so as to provide to the extent reasonably possible, comparable space and amenities to those enjoyed by Tenant under this Lease prior to the taking; in such event this Lease shall continue in force at the square foot rental rates and adjustment herein provided damages for the Premises applied to the Rentable Area taking of such part of the Demised Premises existing in the Building as restored, but Base Rent, Additional Rent and other charges due hereunder shall abatx xxx the portions of the Premises affected as building of which they form a part, and Tenant, at Tenant's expense, shall make all necessary repairs and alterations to periods when the Premises is not available for use by Tenant in the ordinary course of its business as a result of such taking Tenant's trade and work of restoration. In the event the taking is of less than substantially all of the Land lighting fixtures, furniture, furnishings, personal property, decorations, signs and Building and does not affect the Premises or any other interest of Tenant under this Lease to which an economic value can be determined and computed by the court having jurisdiction, Tenant shall have no right to a single award or share of the award as provided in the preceding grammatical paragraph, provided that to the extent required, all of the award received by Landlord shall be used by Landlord to restore the Land and Building as provided above in this Paragraph. If the parties are unable to agree whether a taking is of substantially all of the Land and Building or the extent of any required restoration, then the matter shall be determined by arbitration pursuant to Paragraph 33 hereofcontents.

PARTIAL. If In the taking is of less than substantially all event that any portion of the Land Premises, the Allocated Parking, the Building, the Property, or COUNTY’s access thereto, is taken by Condemnation and Building and if this Lease COUNTY determines, in its sole discretion, that COUNTY is for any reason not terminated pursuant unable to the following Paragraph 16.C, Landlord shall as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all of the award received by Landlord and Tenant (but not in excess thereof) so as to provide to the extent reasonably possible, comparable space and amenities to those enjoyed by Tenant under this Lease prior to the taking; in such event this Lease shall continue in force conduct its operations at the square foot rental rates and adjustment herein provided for the Premises applied to the Rentable Area of the Premises existing in the Building as restored, but Base Rent, Additional Rent and other charges due hereunder shall abatx xxx the portions of the Premises affected as to periods when the Premises is not available for use by Tenant in the ordinary course of its business as a result of such taking partial taking, COUNTY shall have right, at its option, to terminate the Lease by providing LANLDORD with notice to be given within thirty (30) days after COUNTY’s receipt of the Condemnation Notice from LANDLORD, or if LANDLORD fails to provide COUNTY with a Condemnation Notice, within thirty (30) days after the date the condemning authority takes possession. If COUNTY does not exercise its right to terminate the Lease as provided herein, the Lease shall continue in full force and work effect, except that if a portion of restorationthe Premises was taken, the Premises shall be reduced by the portion taken and the Monthly Rent and any other sums due under the Lease shall be reduced in the same proportion as the floor area of the Premises taken bears to the original floor area of the Premises and if the Allocated Parking, COUNTY’s access, or other portions of the Property affecting COUNTY’s use of the Premises was partially taken, the Monthly Rent and other sums due shall be equitably adjusted. In addition, LANDLORD shall within thirty (30) days make all repairs or alterations to the event the taking is of less than substantially all Premises, Building, and Property required as a result of the Land and Building and does not affect the Premises or any other interest of Tenant under this Lease to which an economic value can be determined and computed by the court having jurisdiction, Tenant shall have no right to a single award or share of the award as provided in the preceding grammatical paragraph, provided that to the extent required, all of the award received by Landlord shall be used by Landlord Condemnation to restore the Land remaining portions thereof to substantially the same conditions as existing immediately prior to the Condemnation and Building as provided above in this Paragraph. If accordance with the parties are unable to agree whether a taking is of substantially all provisions of the Land and Building or the extent of any required restoration, then the matter shall be determined by arbitration pursuant to Paragraph 33 hereofLease.

PARTIAL. If the taking is of less than substantially all of damage caused as above be only partial and such that the Land and Building and if demised premises can be restored to their then condition within a reasonable time, as determined by Lessor, the Lessor may, at its option, restore the same with reasonable promptness, reserving the right to enter upon the demised premises for that purpose, or terminate this Lease. Lessor shall make such election to restore the demised premises or terminate this Lease is for any reason not terminated pursuant by giving notice thereof to the following Paragraph 16.C, Landlord shall as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all of the award received by Landlord and Tenant (but not in excess thereof) so as to provide to the extent reasonably possible, comparable space and amenities to those enjoyed by Tenant under this Lease prior to the taking; in such event this Lease shall continue in force Lessee at the square foot rental rates and adjustment herein provided for demised premises within thirty (30) days from the Premises applied to date Lessor receives notice that the Rentable Area of the Premises existing in the Building as restored, but Base Rent, Additional Rent and other charges due hereunder shall abatx xxx the portions of the Premises affected as to periods when the Premises is not available for use by Tenant in the ordinary course of its business as a result of such taking and work of restorationdemised premises have been damaged. In the event the demised premises cannot be or are not repaired, for whatever reason, within one hundred twenty (120) days following the damage, Lessee shall have the right to terminate this Lease Agreement and vacate the demised premises, such right to be exercised by written notice to Lessor given within ten (10) days following such one hundred twenty (120) day period. The Lessor also reserves the right to enter upon the demised premises whenever necessary to repair damage caused by fire or other casualty to the building of which the demised premises is a part, even though the effect of such entry be to render the demised premises or a part thereof untenantable. In either event the rent shall be apportioned and suspended during the time the Lessor is in possession, taking is of less than substantially all into account the proportion of the Land demised premises rendered untenantable and Building and does not affect the Premises or any other interest duration of Tenant the Lessor's possession. If a dispute arises as to the amount of rent due under this Lease section, Lessee agrees to which an economic value can be determined and computed pay the full amount claimed by the court having jurisdictionLessor. Lessee, Tenant however, shall have no the right to a single award or share of proceed by law to recover the award as provided in the preceding grammatical paragraphexcess payment, provided that to the extent required, all of the award received by Landlord shall be used by Landlord to restore the Land and Building as provided above in this Paragraph. If the parties are unable to agree whether a taking is of substantially all of the Land and Building or the extent of any required restoration, then the matter shall be determined by arbitration pursuant to Paragraph 33 hereofif any.

PARTIAL. If twenty-five percent (25%) or more of the taking is GLA of less than substantially the Premises shall be so taken, then Landlord and Tenant shall each have the right to terminate this Lease by written notice given to the other within sixty (60) days after the date of title vesting in such proceedings. If any part of the Premises shall be so taken and this Lease shall not be terminated, then this Lease and all of the Land terms and Building provisions thereof shall continue in full force and if this Lease is for any reason not terminated pursuant effect, except that the Fixed Minimum Rent shall be reduced in the same proportion that the GLA of the Premises taken bears to the following Paragraph 16.Coriginal GLA demised, and Landlord shall as soon as possible restore the Land and Building as nearly as can practicably be done (including the Premises) using all shall, upon receipt of the award in condemnation, make all necessary repairs or alterations (exclusive of Tenant's trade and lighting fixtures, furniture, furnishings, personal property, decorations, signs and contents) to restore the portion of the Premises remaining to as near its former condition as circumstances will permit, and to the building of which the Premises forms a part to the extent necessary to constitute the portion of the building not so taken to a complete architectural unit; provided, however, that Landlord, in any event, shall not be required to spend for such repair and alteration work an amount in excess of the respective amounts received by Landlord and Tenant (but not in excess thereof) so as to provide to the extent reasonably possible, comparable space and amenities to those enjoyed by Tenant under this Lease prior to the taking; in such event this Lease shall continue in force at the square foot rental rates and adjustment herein provided damages for the Premises applied to the Rentable Area taking of such part of the Premises existing in the Building as restored, but Base Rent, Additional Rent and other charges due hereunder shall abatx xxx the portions of the Premises affected as building of which it forms a part; and Tenant, at Tenant's expense, shall make all necessary repairs and alterations to periods when the Premises is not available for use by Tenant in the ordinary course of its business as a result of such taking Tenant's trade and work of restoration. In the event the taking is of less than substantially all of the Land lighting fixtures, decoration, signs and Building and does not affect the Premises or any other interest of Tenant under this Lease to which an economic value can be determined and computed by the court having jurisdiction, Tenant shall have no right to a single award or share of the award as provided in the preceding grammatical paragraph, provided that to the extent required, all of the award received by Landlord shall be used by Landlord to restore the Land and Building as provided above in this Paragraph. If the parties are unable to agree whether a taking is of substantially all of the Land and Building or the extent of any required restoration, then the matter shall be determined by arbitration pursuant to Paragraph 33 hereofcontents.