Common use of Condemnation Clause in Contracts

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. (a) If there shall be a total taking of the Demised Premises in condemnation proceedings or by any portion thereof are taken under the power right of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")domain, this Lease lease and the term and estate hereby granted shall terminate as to the part taken as of the date of taking of possession by the condemning authority takes title or possession, whichever first occursand all Rent shall be prorated and paid as of such termination date. If more than ten percent (10%) there shall be a taking of any building material (in Landlord’s reasonable judgment) portion of the Land or the Demised Premises, or more than twenty-five percent (25%) of then Landlord may terminate this lease and the land area portion of the Premises not occupied term and estate granted hereby by any building, is taken by Condemnation, Lessee may, at Lessee's option, giving notice to be exercised in writing Tenant within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 60 days after the date of taking of possession by the condemning authority authority. If there shall have taken possessionbe a taking of the Demised Premises of such scope (but in no event less than 20% thereof) that the untaken part of the Demised Premises would in Tenant’s reasonable judgment be uneconomic to operate, then Tenant may terminate this Lease lease and the term and estate granted hereby by giving notice to Landlord within 60 days after the date of taking of possession by the condemning authority. If either Landlord or Tenant shall give a termination notice as aforesaid, then this lease and the term and estate granted hereby shall terminate as of the date the condemning authority takes of such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force notice and effect as to the portion of the Premises remaining, except that the Base all Rent shall be reduced in proportion to the reduction in utility prorated and paid as of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefortermination date. In the event that this Lease is not terminated by reason of a taking of the Condemnation, Lessor shall repair any damage to Demised Premises which does not result in the Premises caused by such Condemnation.termination of this lease:

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the whole or any part of the Premises or any improvements thereon shall be taken or condemned by any competent authority for any public use or purpose during the term of this Lease, Tenant shall receive any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")any award allocable to crops on trees, this Lease shall terminate as its capital improvements, including orchards, to the part taken as cost or loss that Tenant may sustain in the removal and relocation of Tenant’s trade fixtures and other personal property, to Tenant’s anticipated or lost profits or damages because of detriment to Tenant’s business and to the date value of Tenant’s leasehold interest. Tenant reserves the condemning authority takes title right to claim and prosecute its claim in all appropriate courts and agencies for an award or possession, whichever first occurs. If more than ten percent (10%) damages based upon the foregoing without impairing any rights of any building portion Owner for the taking of or injury to its interest in the Premises, or more than twenty-five percent (25%) . The entire award for the fair market value of the land area portion taken shall be paid to Owner. No compromise or settlement shall be made of any condemnation award without the consent of, Owner, Tenant and any Mortgagee. If a part of the Premises not occupied by any buildingis taken or condemned which, in the sole judgment of Tenant, is taken by Condemnationsufficient to render the remaining portion unsuitable for continued use or occupancy, Lessee may, at Lessee's option, to be exercised in writing then Tenant may within ten sixty (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (1060) days after the date when possession of the Premises or portion thereof shall be required by the condemning authority shall have taken possession) authority, elect to terminate this Lease as of Lease. In the date the condemning authority takes such possession. If Lessee does not event that Tenant shall fail to exercise its option to terminate this Lease in accordance with the foregoingLease, then this Lease shall remain continue in full force and effect as with respect to the portion of the Premises remainingnot so taken, except that the Base Rent rent otherwise payable shall be reduced in proportion to the reduction percentage of planted acreage in utility of the Premises caused taken by such Condemnationthe condemning authority. Condemnation awards and/or payments If no planted acreage is taken then the rent shall not be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated reduced by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationtaking.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said such power (collectively "CONDEMNATION"all of which are herein called “Condemnation”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or if more than twenty-five percent (25%) of the land floor area portion of the improvements on the Premises not occupied by any building, is taken by Condemnation, Lessee Lessor may, subject to the terms of any mortgage upon the Premises, at Lessee's Lessor’s option, to be exercised in writing only within ten thirty (1030) days after Lessor shall have given Lessee written notice of such taking (or or, in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee Lessor does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the proportion that the floor area taken bears to the reduction in utility total floor area of the building situated on the Premises. Any award for the taking of all or any part of the Premises caused by under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part taken, fee or for as severance damages; provided, however, that Lessee shall be entitled to any compensation award for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard or damage to whether Lessee’s trade fixtures or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforremovable personal property. In the event that this Lease is not terminated by reason of the such Condemnation, Lessor shall shall, to the extent of severance damages receive by Lessor in connection with such Condemnation, repair any damage to the Premises caused by such CondemnationCondemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after aGer Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after aGer the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If The risk of any loss or damage to the Premises Property by condemnation before the Closing shall continue to be borne by Seller. In the event any condemnation proceeding is commenced or threatened, Seller shall promptly give Buyer written notice thereof (in any portion thereof are taken under event within five (5) days after Seller first has knowledge of the power occurrence of same), together with such reasonable details with respect thereto as to which Seller may have knowledge. If, prior to Closing, there is a material taking by eminent domain or sold under at the threat Property, this Agreement shall become null and void at Buyer’s option, and upon receipt by Seller of the exercise written notice of said power (collectively "CONDEMNATION")an election by Buyer to treat this Agreement as null and void, this Lease Agreement shall terminate as be deemed null and void. If Buyer elects to proceed and to consummate the part taken as purchase despite said material taking, or if there is less than a material taking prior to Closing, there shall be no reduction in or abatement of the date Purchase Price and Buyer shall be required to purchase the condemning authority takes Property in accordance with the terms of this Agreement, and Seller shall assign to Buyer, without representation of warranty by or recourse against Seller, all of Seller’s right, title and interest in and to any award made or possessionto be made in the condemnation proceeding (in which event Buyer shall have the right to participate in the adjustment and settlement of any insurance claim relating to said damage). For the purpose of this Section 12.17, whichever first occurs. If more than the term “material” shall mean any taking of in excess of five percent (5%) of the square footage of the Property or ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance Real Property associated with the foregoingProperty. The parties’ obligations, if any, under this Lease Section 12.17 shall remain in full force and effect as to survive the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, expiration or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions termination of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationAgreement.

Condemnation. If between the Premises or Effective Date and Closing any portion thereof are of the Property is taken under or is made subject to condemnation, eminent domain or other governmental or quasi-governmental acquisition proceedings, then the power following provisions shall apply. In the event Seller receives a written notice from any governmental or quasi-governmental authority with powers of eminent domain to the effect that a condemnation of any portion or sold under the threat all of the exercise Property is pending or contemplated, Seller shall notify Buyer within five (5) days of said power (collectively "CONDEMNATION")the receipt of such notice. If the proposed or pending condemnation is one that could be reasonably expected to render the Property not usable for the Intended Use, this Lease shall terminate as including, without limitation, reductions in parking requirements, floor-area ratio requirements and impervious surface area requirements, or affect access to the part taken as of the date the condemning authority takes title Property from a dedicated public street or possessionroadway, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee then Buyer may, at Lessee's option, to be exercised in writing within ten five (105) days after Lessor shall have given Lessee written notice of such taking (or in the absence receipt of such notice, within ten (10) days after the condemning authority cancel this Agreement and this Agreement shall terminate, whereupon neither party shall have taken possession) any further rights or obligations under this Agreement. In the event that Buyer shall not elect to terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate Agreement, then this Lease in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as to the portion of the Premises remainingeffect, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee and Seller shall be entitled to any compensation for Lessee's relocation expensesall monies received or collected by Seller by reason of such condemnation prior to Closing. In such event, loss the transaction contemplated by this Agreement shall close in accordance with the terms and conditions of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant Agreement except that there will be a decrease in the Purchase Price equal to the provisions amount of this Paragraph. All Alterations and Utility Installations made the award or proceeds paid to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled Seller at or prior to any and all compensation which is payable therefor. In the event that this Lease is not terminated Closing by reason of the Condemnationcondemnation. If, Lessor however, Seller has not received any proceeds by reason of such condemnation prior to Closing and if Buyer does not elect to terminate this Agreement as aforesaid, then the Closing shall repair take place as herein provided without decrease in the Purchase Price, and Seller shall assign and transfer to Buyer at the Closing by written instrument all of Seller’s right, title and interest in any damage to the Premises caused by such Condemnationcondemnation awards.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for LesseeXxxxxx's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by LesseeXxxxxx, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If Landlord shall have the right to terminate this Lease if any part of the Premises or any portion thereof are substantial part of the Property (whether or not it includes the Building or the Premises) is taken under by exercise of the power of eminent domain before the Commencement Date or sold under during the threat Term. Tenant shall have the right to terminate this Lease if a substantial portion of the Premises is taken by exercise of said the power of eminent domain before the Commencement Date or during the Term and the remaining portion of the Premises is not reasonably suitable for Tenant’s purposes. In each such case, Landlord or Tenant shall exercise such termination right by giving written notice to the other within thirty (collectively "CONDEMNATION")30) days after the date of such taking. If either Landlord or Tenant exercises such right to terminate this Lease in accordance with this section 12.1, this Lease shall terminate as of the date of such taking. If neither Landlord nor Tenant exercises such right to terminate this Lease in accordance with this section 12.1, this Lease shall terminate as to the part portion of the Premises so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease and shall remain in full force and effect as to the portion of the Premises remainingnot so taken, except that and the Base Rent shall be reduced as of the date of such taking in the proportion to that the reduction in utility area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be so taken bears to the property of Lessor, whether such award shall be made as compensation for diminution in value total area of the leasehold, the value Premises. If all of the part takenPremises are taken by exercise of the power of eminent domain before the Commencement Date or during the Term, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property terminate as of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefordate of such taking. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.BE 543 154 EUL Final 120511 SAA2 – 402658

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. (a) If the Premises whole, or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied shall be taken by any buildingpublic, is taken or quasi-public authority under any statute or by Condemnationpower or right of eminent domain, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor the Term shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion cease on that part of the Premises remainingso taken or conveyed (hereinafter referred to as the "Condemned Portion") from the day the possession of the Condemned Portion shall be taken by the condemning authority. Unless this Lease is cancelled as hereinafter provided, except that the Fixed Base Rent provided for herein commencing with the date possession is acquired by the condemning authority, shall be reduced in proportion to the reduction in utility amount of the Premises caused taken. If less than the entire Premises shall be taken by such Condemnation. Condemnation awards and/or payments shall be condemning authority, and in the property of Lessorevent, whether such award shall be made as compensation for diminution and only in value the event, that the remainder of the leaseholdPremises not so taken is not, in Landlord's judgment, reasonably fit or suited to being used by Tenant to enable Tenant to discharge and satisfy the value of purposes for which the part takenPremises are leased hereunder to Tenant and to carry on its business therein, or for severance damages; providedTenant, howeverprovided that Tenant is not in default under this Lease, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not may in such event terminate this Lease is terminated pursuant as to the provisions remainder of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes giving written notice to Landlord not later than fifteen (15) days after the vesting of Condemnation only, title in the condemning authority or the date possession of the Condemned Portion shall be considered taken by the property condemning authority, whichever shall first occur, specifying as the date of termination a date not later than thirty (30) days after the giving of such notice. Upon the date specified in such notice, the Term and all right, title, and interest of Tenant hereunder shall cease and come to an end, provided Tenant is not in default under this Lease on such date, and Fixed Base Rent, Percentage Rent and other charges shall be apportioned as of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason date of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationtermination.

Condemnation. (a) If there shall be a total taking of the Premises Building in condemnation proceedings or by any portion thereof are taken under the power right of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")domain, this Lease and the term and estate hereby granted shall terminate as to the part taken as of the date of taking of possession by the condemning authority takes title or possession, whichever first occursand all Rent shall be prorated and paid as of such termination date. If more than ten percent (10%) there shall be a taking of any building material (in Landlord’s reasonable judgment) portion of the PremisesLand or the Building (whether or not the Premises are affected by such taking), or more than twenty-five percent (25%) then Landlord may terminate this Lease and the term and estate granted hereby by giving notice to Tenant within 60 days after the date of taking of possession by the condemning authority. If there shall be a taking of the land area Premises of such scope (but in no event less than 20% thereof) that the untaken part of the Premises would in Tenant’s reasonable judgment be uneconomic to operate, then Tenant may terminate this Lease and the term and estate granted hereby by giving notice to Landlord within 60 days after the date of taking of possession by the condemning authority. If either Landlord or Tenant shall give a termination notice as aforesaid, then this Lease and the term and estate granted hereby shall terminate as of the date of such notice and all Rent shall be prorated and paid as of such termination date. In the event of a taking of the Premises which does not result in the termination of this Lease (i) the term and estate hereby granted with respect to the taken part of the Premises shall terminate as of the date of taking of possession by the condemning authority and all Rent shall be appropriately abated for the period from such date to the Expiration Date and (ii) Landlord shall with reasonable diligence restore the remaining portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, (exclusive of Tenant’s Property) as nearly as practicable to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of its condition prior to such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationtaking.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. 15.1 TOTAL TAKING OR OTHER TAKING WITH EITHER LEASED PROPERTY RENDERED UNSUITABLE FOR ITS PRIMARY INTENDED USE. If title to the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat fee of the exercise whole of said power (collectively "CONDEMNATION")a Leased Property is Taken, this Lease shall cease and terminate as to the part taken Leased Property Taken as of the date Date of Taking by the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to Condemnor and Rent shall be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease apportioned as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoingtermination date, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee if the Award to Lessor is less than the Repurchase Price for such Leased Property at the time of such Award, it shall be entitled a condition precedent to the termination of this Lease as to such Leased Property that Lessee pay the amount of the deficiency to Lessor. If title to the fee of less than the whole of a Leased Property is Taken, but such Leased Property is thereby rendered Unsuitable for Its Primary Intended Use, Lessee and Lessor shall each have the option by written Notice to the other, at any compensation for Lessee's relocation expensestime prior to the taking of possession by, loss or the date of business goodwill and/or Trade Fixturesvesting of title in, without regard the Condemnor, whichever first occurs, to whether terminate this Lease with respect to such Leased Property as of the date so determined, in which event this Lease shall thereupon so cease and terminate as of the earlier of the date specified in such Notice or not the date on which possession is taken by the Condemnor. If this Lease is so terminated pursuant as to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lesseea Leased Property, for purposes of Condemnation only, Rent shall be considered the property apportioned as of the Lessee termination date, and Lessee shall be entitled deemed to any and all compensation which is payable have elected to purchase such Leased Property for the Repurchase Price therefor. In Lessee shall complete the event that this Lease is not terminated by reason purchase within forty-five (45) days of the CondemnationTaking, Lessor and Lessee shall repair receive credit against such Repurchase Price for any damage to portion of the Premises caused Award received by such CondemnationLessor.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion Premises, or more than thirty-five percent (35%) of the Premises not occupied by any building, parking is taken by Condemnation, Lessee Tenant may, at Lessee's Tenant’s option, to be exercised in writing within ten (10) days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not timely terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor Landlord shall repair any damage to the Premises caused by such CondemnationCondemnation to the extent of any proceeds actually received by Landlord.

Condemnation. If there shall be taken during the Lease Term any part of the Leased Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")Building, this Lease shall terminate as Lessor may elect to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate or to continue this Lease in accordance with effect. If Lessor elects to continue the foregoingLease, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility area of the Leased Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations so taken and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the remainder of the Leased Premises caused or the Building resulting from such taking, but in no event shall Lessor be required to spend thereon more than the amount of the award received by Lessor by reason of such Condemnationtaking and allocable thereto. All sums awarded or agreed upon between Lessor and the condemning authority for the taking of the interest of Lessor or Lessee, whether as damages or as compensation, shall be the property of Lessor. If, following any such condemnation, Lessee reasonably determines that the portion of the Leased Premises or the Building remaining after such condemnation is not sufficient to enable Lessee to continue the normal operation of its business as then conducted in the Leased Premises, Lessee shall have the right to terminate this Lease by giving written notice of termination to Lessor within thirty (30) days after Lessee receives notice of such condemnation, which notice shall be effective to terminate this Lease upon the date on which physical possession of the Leased Premises (or such portion thereof) is taken by the condemning authority. If this Lease is terminated under any provision of this Section 14, Rent shall be payable up to the date that possession is taken by the condemning authority and Lessor shall refund to Lessee any prepaid unaccrued Rent less any sums then owing by Lessee to Lessor.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively "CONDEMNATION"all of which are herein called “condemnation”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the improvements on the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises which is not occupied by any buildingimprovements, is taken by Condemnationcondemnation, Lessee may, at Lessee's ’s option, to be exercised in writing only within ten (10) days after Lessor shall have given Lessee written notice of such taking (or nor in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the proportion that the floor area taken bears to the reduction in utility total floor area of the building situated on the Premises. Any award for taking of all or any part of the Premises caused by under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall shall, to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such Condemnationcondemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair.

Condemnation. If In the Premises event of any condemnation of all or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")Property, this Lease Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occursoccurs first. If more than ten percent (10%) as a result of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion a partial condemnation of the Premises not occupied by any buildingor Property, LESSEE, in LESSEE’s sole discretion, is taken by Condemnationunable to use the Premises for the purposes intended hereunder, Lessee or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at Lessee's LESSEE’s option, to be exercised in writing within ten fifteen (1015) days after Lessor LESSOR shall have given Lessee LESSEE written notice of such taking (or in the absence of such notice, within ten fifteen (1015) days after the condemning authority shall have taken possession) terminate this Lease Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If Lessee LESSEE does not terminate this Lease Agreement in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the same proportion to as the reduction in utility rentable area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be taken bears to the property of Lessor, whether such award shall be made as compensation for diminution in value total rentable area of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Agreement is not terminated by reason of the Condemnationsuch condemnation, Lessor LESSOR shall promptly repair any damage to the Premises caused by such Condemnationcondemning authority.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If In the event that all or any portion of the Premises shall be damaged or taken through condemnation (which term shall include any damage or taking by any governmental authority, quasi-governmental authority, any party having the power of condemnation, or any transfer by private sale in lieu thereof), or any such condemnation shall be threatened, Borrower shall give prompt written notice to Lender. Lender acknowledges that Owner’s rights to any condemnation award is subject to the terms of the Mortgage. Notwithstanding the foregoing, Borrower may not and shall not permit Owner to settle or compromise any claim, action or proceeding relating to such damage or condemnation without the prior written consent of Lender, which shall not be unreasonably withheld, delayed or denied; provided, further, that Owner may settle, adjust and compromise any such claim, action or proceeding which is of an amount less than $250,000 provided no Event of Default has occurred. Any proceeds remaining after the application of any award to reconstruct or repair the Premises or any portion thereof are taken under to the power of eminent domain or sold under the threat payment of the exercise of said power (collectively "CONDEMNATION"), this Lease Mortgage Loan shall terminate as be paid to Lender and applied to the part taken as payment of the date Debt whether or not then due. In the condemning authority takes title event that Owner is permitted pursuant to the terms of the Mortgage to reconstruct, restore or possession, whichever first occurs. If more than ten percent (10%) repair the Premises following a condemnation of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of Borrower shall cause Owner to promptly and diligently repair and restore the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, manner and within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of time periods required by the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leaseholdMortgage, the value of Leases and any other agreements affecting the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Owner is not terminated by reason permitted pursuant to the terms of the CondemnationMortgage to elect not to reconstruct, Lessor shall restore or repair any damage to the Premises caused by such Condemnationfollowing a condemnation of any portion of the Premises, Borrower shall not permit Owner to elect not to reconstruct, restore or repair the Premises without the prior written consent of Lender.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for value of leasehold, Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the this condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) 20% of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused cause by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for LesseeLessor's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefortherefore. In IN the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, Building or more than twenty-five percent (25%) of the land area any portion of the parking area exclusively serving the Premises not occupied by any building, is taken by Condemnation, or if such taking renders the Premises unusable in Lessee’s reasonable discretion, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, (i) this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion by an amount bearing the same ratio to the reduction in utility total amount of Base Rent as the portion of the Building that is taken by such Condemnation bears to the entire Building and (ii) Lessor shall restore, at Lessor’s sole cost and expense, the portion of the Premises caused by that have not been taken to a condition such Condemnationthat Lessee can reasonably conduct its business in substantially the same manner as prior to such taking. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If during the Term, or during the period of time between ------------ the execution of this Lease and the Lease Commencement Date, there is any taking of all or any part of the Premises or any portion thereof are taken under interest in this Lease by the exercise of any governmental power, whether by legal proceedings or otherwise, by any public or quasi-public authority, or private corporation or individual, having the power of eminent domain or sold under the threat condemnation (any of the exercise of said power (collectively preceding a "CONDEMNATIONCondemnor"), or a voluntary sale or transfer by Landlord to any Condemnor, either under threat of condemnation or while legal proceedings for condemnation are pending (any of the preceding, a "Condemnation"), the rights and obligations of Landlord and Tenant shall be determined pursuant to this Paragraph. If such Condemnation is of the entire Premises, then this Lease shall terminate as to the part taken as of on the date the condemning authority Condemnor takes title or possession, whichever first occurspossession of the Premises (the "Date of Condemnation"). If more than ten percent (10%) of any building portion A temporary Condemnation of the Premises, or more than twenty-five percent (25%) any part of the land area portion of Premises, for less than 180 days, shall not constitute a Condemnation under this Paragraph; but the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor Basic Monthly Rent shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect xxxxx as to the portion of the Premises remainingaffected during such temporary Condemnation. If such Condemnation is of any portion, but not all, of the Premises, then this Lease shall remain in effect, except that, if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises, then Tenant may elect to terminate this Lease, by so notifying Landlord in writing (the "Termination Notice") within 30 days after the date that the nature and extent of the Condemnation have been determined. Such termination shall be effective on the earlier of (i) the date that is 30 days after the giving of the Termination Notice, or (ii) the Date of Condemnation. If Tenant does not give to Landlord the Termination Notice within such 30-day period, then all obligations of Tenant under this Lease shall remain in effect, except that (unless the Base Premises are restored as set forth below) Basic Monthly Rent shall be reduced in proportion to by the reduction in utility ratio of (a) the area of the Premises caused by such taken to (b) the area of the Premises immediately prior to the Date of Condemnation. Notwithstanding anything to the contrary in this Paragraph, if, within 20 days after Landlord's receipt of the Termination Notice, Landlord notifies Tenant that Landlord at its cost will add to the remaining Premises (or substitute for the Premises other comparable space in the Project) so that the area of the Premises will be substantially the same after the Condemnation awards and/or payments as they were before the Condemnation, and Landlord commences the restoration promptly and completes it within 150 days after Landlord so notifies Tenant, then all obligations of Tenant under this Lease shall remain in effect, except that Basic 13 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ Monthly Rent shall be abated or reduced during the property period from the Date of LessorCondemnation until the completion of such restoration by the ratio of (A) the area of the Premises taken to (B) the area of the Premises immediately prior to the Date of Condemnation. Unless Landlord restores the Premises pursuant to the preceding sentence, whether such award or unless Tenant gives to Landlord the Termination Notice within the relevant 30-day period, Tenant at its sole cost shall accomplish any restoration required by Tenant to use the Premises. All compensation, sums, or anything of value awarded, paid, or received on a total or partial Condemnation (the "Award") shall belong to and be paid to Landlord. Tenant shall have no right to any part of the Award, and Tenant hereby assigns to Landlord all of Tenant's right, title, and interest in and to any part of the Award, except that Tenant shall receive from the Award any sum paid expressly to Tenant from the Condemnor for Tenant's loss of goodwill. Landlord and Tenant waive the provisions of any statute (including without limitation California Code of Civil Procedure Section 1265.130 or any successor statute) that allows Landlord or Tenant to petition the superior court (or any other local court) to terminate this Lease in the event of a partial taking of the Premises. Nothing herein contained shall be made as compensation deemed or construed to prevent Tenant from interposing and prosecuting in any condemnation proceedings a claim for diminution in value of the leasehold, the value of the part taken, any personal property installed in or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by LesseeTenant, or for purposes its costs of Condemnation only, shall be considered the property moving or loss of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated business by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationcondemnation.

Condemnation. If In the Premises event of any condemnation of all or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")Property, this Lease Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occursoccurs first. If more than ten percent (10%) as a result of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion a partial condemnation of the Premises not occupied by any buildingor Tower, LESSEE, in LESSEE’s sole discretion, is taken by Condemnationunable to use the Premises for the purposes intended hereunder, Lessee or if such condemnation may reasonably be expected to disrupt XXXXXX's operations at the Premises for more than forty-five (45) days, LESSEE may, at Lessee's LESSEE’s option, to be exercised in writing within ten fifteen (1015) days after Lessor LESSOR shall have given Lessee LESSEE written notice of such taking (or in the absence of such notice, within ten fifteen (1015) days after the condemning authority shall have taken possession) terminate this Lease Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If Lessee LESSEE does not terminate this Lease Agreement in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the same proportion to as the reduction in utility rentable area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be taken bears to the property of Lessor, whether such award shall be made as compensation for diminution in value total rentable area of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Agreement is not terminated by reason of the Condemnationsuch condemnation, Lessor LESSOR shall promptly repair any damage to the Premises caused by such Condemnationcondemning authority.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation or for diminution in value of the leasehold, the value of the part taken, taken or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expensesexpense, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after aGer Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after aGer the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the Premises, Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemn or for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat whole of the exercise of said power (collectively "CONDEMNATION")Demised Premises shall be taken in condemnation, this Lease shall terminate as to upon the part taken vesting of title in the condemnor and all rent and other charges paid or payable by Tenant shall be apportioned as of the date the condemning authority takes of vesting of title or possession, whichever first occursin such condemnation proceeding. If more than ten percent (10%) of any building portion only part of the PremisesDemised Premises shall be so taken in condemnation so that the remainder cannot be used for the intended purpose, or more than twenty-five percent (25%) then Tenant may either terminate this Lease as to the remainder of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within premises on ten (10) days after Lessor shall have given Lessee written notice of such taking (to Landlord or remain in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as possession of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the remaining portion of the Premises remainingpremises under all of the terms, conditions and covenants of this Lease, except that the Base Rent rent thereafter shall be apportioned and reduced in proportion from the date of each such partial taking to the reduction in utility amount equal to the product of the Premises caused by dollar amount of rent payable on such Condemnationdate and the number of square feet in the part remaining. Condemnation awards and/or payments If this Lease is not so terminated, the proceeds of any award for partial taking shall be applied by Landlord to the property repair, restoration or replacement of Lessorthe remaining premises, whether such award to their condition immediately prior to the condemnation (“Restoration”) and if there be any deficiency, it shall be made as compensation for diminution in value up by Landlord, but if there be any surplus, it shall belong to the Landlord. Said Restoration of the leaseholdremaining premises shall be performed pursuant to plans and specifications reasonably approved by the Human Resources Administration and completed within six (6) months after such approval. In the event said Restoration is not completed within said six (6) months period, Tenant, in addition to any other remedy it may have, may terminate this Lease on ninety (90) days written notice or perform said Restoration and deduct the reasonable cost thereof from any rent which may be due and payable under this Lease. Tenant shall be entitled to apply for a separate award for the value of the improvements and fixtures made or paid for by Tenant upon that part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee premises taken in condemnation and Lessee shall be entitled to hereby waives any and all compensation which is payable therefor. In claim for the event that this Lease is not terminated by reason value of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationits leasehold position.

Condemnation. If, during the term, title to, or the temporary use of, all or any part of the Premises shall be condemned by any authority exercising the power of eminent domain, LESSEE shall, within fifteen (15) days after the date of entry of a final order in any eminent domain proceedings granting condemnation, notify LESSOR in writing as to the nature and extent of such condemnation and whether it is practicable for LESSEE to acquire or construct substitute improvements, or whether LESSEE shall elect to terminate this lease. If LESSEE shall determine that such substitution is practicable and desirable and LESSOR shall agree thereto, LESSEE shall forthwith proceed with and complete with reasonable dispatch the acquisition or construction of such substitute improvements. In such case, any net proceeds received from any award or awards with respect to the Premises or any portion part thereof are taken under the power of made in such condemnation or eminent domain or sold under proceeds shall be used and applied for the threat purpose of paying the exercise cost of said power (collectively "CONDEMNATION"), this Lease such substitution. Any proceeds not required for such costs shall terminate as be distributed to the part taken parties in pro-rata distributions as their interests may appear based upon Agreement term remaining and the fair market value of each party’s interest at the date time the condemning authority takes title or possession, whichever first occursproceeds are received. If more than ten percent (10%) LESSEE shall determine that it is not practicable and desirable to acquire or construct substitute improvements, any net proceeds shall be distributed to the parties in pro-rata distributions as their interests may appear based upon the Agreement term remaining, and the fair market value of each party’s interest at the time the proceeds are received. LESSOR shall cooperate fully with LESSEE in the handling and conduct of any building portion of the Premises, prospective or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance pending condemnation proceedings with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made respect to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to or any and all compensation which is payable thereforpart thereof. In no event will LESSEE or LESSOR voluntarily settle or consent to the event that this Lease is not terminated by reason settlement of the Condemnation, Lessor shall repair any damage prospective or pending condemnation proceedings with respect to the Premises caused by such Condemnationwithout the mutual agreement and written consent of the other party to this Agreement.

Condemnation. If, during the term or during the period of time between the execution of this Lease and the date the term commences, there is any taking of all or any part of the premises or any interest in this Lease by condemnation, the rights and obligations of the parties shall be determined as hereinafter provided. If the Premises or any portion thereof premises are totally taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")by condemnation, this Lease shall terminate as to the part taken as of on the date the condemning authority takes title or possession, whichever first occursof taking. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, premises is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoingcondemnation, this Lease shall remain in effect, except that Lessee can elect to terminate this Lease if the remaining portion of the building or other improvements or the parking area that are a part of the premises is rendered unsuitable for Lessee’s continued use of the premises. If Lessee elects to terminate this Lease, Lessee must exercise its right to terminate pursuant to this paragraph by giving notice to Lessor within thirty (30) days after the nature and the extent of the taking has been finally determined. If Lessee elects to terminate this Lease as provided in this paragraph, Lessee shall also notify Lessor of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Lessee has notified Lessor of its election to terminate. If Lessee does not elect to terminate this Lease within said period, this Lease shall continue in full force and effect as otherwise provided herein, however, the rent payable hereunder shall be adjusted so that Lessee shall be required to pay for the remainder of the term only such portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made rent as compensation for diminution in value of the leasehold, the value of the part takenremaining after the condemnation bears to the value of the premises to the date of condemnation. Each party hereto waives the provisions of Code of Civil Procedure §1265.130 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the premises. If there is a partial taking of the premises and this Lease remains in full force and effect, or for severance damages; providedLessee at its cost shall accomplish all necessary restoration. The award shall belong to and be paid to Lessor, however, except that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to receive from the provisions of this Paragraph. All Alterations and Utility Installations made to award the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.following:

Condemnation. If In the event that any portion of the Demised Premises or any portion thereof all of the Demised Premises are taken under the power of eminent domain condemnation proceedings, or sold by sale under the threat of condemnation, Tenant shall have no right to any portion of the exercise condemnation award. This does not preclude the Tenant from the right to recover for business damages and relocation expenses if any, to which it may be entitled under applicable law. If the portion of said power (collectively "CONDEMNATION")the Demised Premises taken is such that Tenant, in Tenant's determination, is not materially affected in the conduct of Tenant's business, then this Lease shall terminate continue in full force and effect with no abatement of rentals to be paid hereunder as to though such property was not taken. If, on the part taken as other hand, the taking of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building a portion of the PremisesDemised Premises is such as to, or more than twenty-five percent in the determination of Tenant, materially affect the conduct of Tenant's business, then and in that event, Tenant shall have the right to an equitable abatement of rent hereunder. If Landlord and Tenant cannot agree on an equitable rental reduction, then the same shall be referred to a panel of three (25%3) arbitrators, one of which is appointed by each party, and the land area portion of third appointed by the Premises not occupied by any buildingfirst two arbitrators, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing who shall meet within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in appointment and then and there determine a fair reduced rental, both parties covenanting and agreeing to be bound by the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforarbitration decision. In the event that the portion or amount of property taken by condemnation or by sale under threat of condemnation is such as to preclude Tenant, in Tenant's determination, from effectively conducting Tenant's business, then Tenant shall have the right to cancel and terminate this Lease is not terminated which said right shall be exercised, if at all, by reason Tenant so notifying Landlord within fifteen (15) days after the taking or conveyance of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationproperty.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%25I) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively "CONDEMNATION"all of which are herein called “condemnation”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the improvements on the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises which is not occupied by any buildingimprovements, is taken by Condemnationcondemnation, Lessor or Lessee may, at Lessee's either party’s option, to be exercised in writing only within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date of the condemning authority takes such possession. If Lessee does not terminate neither party terminates this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in proportion that the floor area taken bears to the reduction in utility total floor area of the building situated on the Premises. Any award for the taking of all or any part of the Premises caused by under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall shall, to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such Condemnationcondemnation except to the extent that Lessee has been reimbursed therefore by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair.

Condemnation. If a Facility is subject to Condemnation, or such substantial portion thereto as to make it unfeasible, in the Premises or any sole but good faith judgment of Owner, to restore and continue to operate the remaining portion thereof are taken under the power of eminent domain or sold under the threat of the exercise Facility following Condemnation, then upon the Date of said power (collectively "CONDEMNATION")Taking, this Lease Agreement shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor that Facility and neither party shall have given Lessee written notice of such taking (or in any further obligation to the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate other party hereunder with respect to that Facility and this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as to the remaining Facilities. If Owner elects to restore and continue to operate the remaining portion of the Premises remainingFacility, except that the Base Rent then this Agreement shall be reduced in proportion not terminate as to the reduction in utility Facility, and Owner with the cooperation of Manager, or Manager if Owner so directs, shall proceed with reasonable diligence to repair any damage to the Premises caused Facility, or to alter or modify the Facility so as to render it a complete architectural unit which can be operated as a Facility of substantially the same type and class as before. The cost of restoration shall not be an Operating Expense or Fixed Operating Expense except to the extent the cost of restoration exceeds the net amount of any Award received by such any Owner. In the case of any Condemnation. Condemnation awards and/or payments , whether or not this Agreement shall cease and terminate, the entire Award shall be the property of LessorOwner, whether such award and Manager hereby assigns to Owner all its right, title and interest in and to any Award. Manager shall be made as compensation for diminution in value of have the leasehold, the value of the part taken, or for severance damages; providedright, however, that Lessee shall be entitled to any claim and recover from the condemning authority compensation for Lesseeany loss which Manager may be put for Manager's relocation expensesmoving expenses or taking of Manager's personal property (not including any value assigned to this Agreement), loss provided that such damages may be claimed only if they are awarded separately in the Condemnation proceedings and not out of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property as part of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated Award recoverable by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationOwner.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixturesfixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. Notwithstanding anything contained in this Lease to the contrary, if the whole or any part of the Demised Premises is taken or condemned by any competent authority for any public use or purpose during the term or any extension of this Lease, Landlord reserves unto itself the right to claim and prosecute its claim in all appropriate courts and agencies for an award or damages for such taking based upon its sole interest and ownership of buildings, alterations and improvements on the Demised Premises without Tenant participating in the award. If (a) access to the Demised Premises or any portion thereof are taken under the power of eminent domain or sold under the threat (b) more than 25% of the exercise of said power (collectively "CONDEMNATION")Demised Premises, this Lease shall terminate be taken or condemned so as to render the part taken as remaining portion unsuitable for the continued use or occupancy of the date the condemning authority takes title or possessionTenant, whichever first occurs. If more than ten percent then Tenant may within a period thirty (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (1030) days after the date when possession of the Demised Premises shall be required by the condemning authority shall have taken possession) authority, elect to terminate this Lease as of Lease. In the date the condemning authority takes such possession. If Lessee does not event that Tenant shall fail to exercise this option to terminate this Lease in accordance with the foregoingLease, then this Lease shall remain continue in full force and effect as with respect to the portion of the Demised Premises remaining, except that the Base Rent not so taken and such remaining portion shall be reduced in proportion deemed to be the reduction in utility Demised Premises for the balance of the term of the Lease. Tenant will, with all due diligence and at its own cost and expense, repair and restore the Demised Premises caused by or what may remain of it to its former condition, provided that such Condemnationtaking or condemnation does not occur within the last nine (9) months of the Term of the Lease or any renewal term thereof. Condemnation awards and/or payments There shall be no abatement in the property payment of Lessor, whether such award shall be made as compensation Rent for diminution in value of the leasehold, period prior to Tenant’s election to terminate and vacating the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationPremises.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively all of which are herein called "CONDEMNATIONcondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the improvements on the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises which is not occupied by any buildingimprovements, is taken by Condemnationcondemnation, Lessor or Lessee may, at Lesseeeither party's option, to be exercised in writing only within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date of the condemning authority takes such possession. If Lessee does not terminate neither party terminates this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in proportion that the floor area taken bears to the reduction in utility total floor area of the building situated on the Premises. Any award for the taking of all or any part of the Premises caused by under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall shall, to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such Condemnationcondemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion 25% of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee Tenant may, at Lessee's Tenant’s option, to be exercised in writing within ten (10) days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation paid by the condemnor for Lessee's Tenant’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this ParagraphArticle 14. All Alterations and Utility Installations made to the Premises by LesseeTenant, for purposes of Condemnation only, shall be considered the property of the Lessee Tenant and Lessee Tenant shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor Landlord shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemner for LesseeXxxxxx's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by LesseeXxxxxx, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefortherefore. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If In the event that all or any portion of the Premises shall be damaged or taken through condemnation (which term shall include any damage or taking by any governmental authority, quasi-governmental authority, any party having the power of condemnation, or any transfer by private sale in lieu thereof), or any such condemnation shall be threatened, Borrower shall give prompt written notice to Lender. Lender acknowledges that Owner’s rights to any condemnation award is subject to the terms of the Mortgage. Notwithstanding the foregoing, Borrower may not and shall not permit Owner to settle or compromise any claim, action or proceeding relating to such damage or condemnation without the prior written consent of Lender, which shall not be unreasonably withheld, delayed or denied; provided, further, that Owner may settle, adjust and compromise any such claim, action or proceeding which is of an amount less than five percent (5%) of the Allocated Loan Amount provided no Event of Default has occurred. Any proceeds remaining after the application of any award to reconstruct or repair the Premises or any portion thereof are taken under to the power of eminent domain or sold under the threat payment of the exercise of said power (collectively "CONDEMNATION"), this Lease Mortgage Loan shall terminate as be paid to Lender and applied to the part taken as payment of the date Debt whether or not then due. In the condemning authority takes title event that Owner is permitted pursuant to the terms of the Mortgage to reconstruct, restore or possession, whichever first occurs. If more than ten percent (10%) repair the Premises following a condemnation of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of Borrower shall cause Owner to promptly and diligently repair and restore the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, manner and within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of time periods required by the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leaseholdMortgage, the value of Leases and any other agreements affecting the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Owner is not terminated by reason permitted pursuant to the terms of the CondemnationMortgage to elect not to reconstruct, Lessor shall restore or repair any damage to the Premises caused by such Condemnationfollowing a condemnation of any portion of the Premises, Borrower shall not permit Owner to elect not to reconstruct, restore or repair the Property without the prior written consent of Lender.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"all of which are herein called “condemnation”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingCommon Areas designated for Tenant’s, parking, is taken by Condemnationcondemnation, Lessee Tenant may, at Lessee's Tenant’s option, to be exercised in writing within ten (10) 10 days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) ), terminate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion to as the reduction in utility rentable floor area of the Premises caused by taken bears to the total rentable floor area of the premises. No reduction of Base Rent shall occur if the condemnation does not apply to any portion of the Premises. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damagesLandlord; provided, however, that Lessee Tenant shall be entitled to any compensation compensation, separately awarded to Tenant, for Lessee's Tenant’s relocation expenses, expenses and/or loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforTenant’s trade fixtures. In the event that this Lease is not terminated by reason of such condemnation, Landlord shall to the Condemnationextent of its net severance damages in the condemnation matter, Lessor shall repair any damage to the Premises caused by such Condemnationcondemnation authority. Tenant shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.

Condemnation. If the Premises Premises, or any portion part thereof or the whole or any part of the building of which they are a part shall be taken under for any purpose by exercise of the power of eminent domain or sold under condemnation, or by action of the threat city or other authorities or shall receive any direct or consequential damages 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 said Term, or any extension or renewal thereof, then at the option of either the Lessor or the Lessee, this Lease and said Term shall be terminated and such option may be exercised in the case or 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 written notice to exercise such option to terminate in the manner described in Section 26 of this Lease. 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. The mailing of the notice of exercise as set forth hereinabove shall be deemed to be the exercise of said power (collectively "CONDEMNATION")option; and upon the giving of such notice, this Lease shall terminate as to the part taken be terminated as of the date of the condemning authority takes title or possession, whichever first occurstaking. If more than ten percent (10%) this Lease and said Term are not to be terminated, then in case of any building portion such taking or destruction or damage to the Premises, rendering the same or any part thereof unfit for use and occupation, a just proportion of the rent hereintofore reserved, according to the nature and extent of the damage to the Premises, shall be suspended or abated until in the case of such taking, what may remain of the 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 any such taking or more than twenty-five percent (25%) for compensation for anything lawfully done in pursuance of any public authority and covenants with the land area portion 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 Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; request provided, however, that the Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or does not this Lease is terminated pursuant assign to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises Lessor any claim based upon Xxxxxx's personal property or other improvements installed by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationwith Xxxxxx's written permission.

Condemnation. If the Premises whole or any portion thereof part of the premises or common areas are taken under for public or quasi-public use by the power of eminent domain exercise or sold under the threat of the exercise of said power (collectively "CONDEMNATION")the right to eminent domain, with or without litigation or by judgment or agreement, then as to the portion of the premises or common area taken, this Lease shall terminate as to the part taken as of the date that title vests in the condemning authority takes title or possession, whichever first occursauthority. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied remaining after such taking is susceptible of occupation and use by any buildingTenant for the purpose described in this Lease, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten then Landlord shall have the option for a period of thirty (1030) days after Lessor shall have given Lessee written notice of such said taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) either to terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate lease or to elect to continue this Lease in accordance full force and effect, in which event Landlord, at its sole expense, promptly shall restore the Premises to an architectural unit as comparable as practicable to the condition existing immediately prior to such taking, and Tenant shall do likewise, at Tenant's sole expense, with respect to all exterior signs, trade fixtures, equipment, display cases, furniture, furnishings and other installations of Tenant. During the period said repairs are being effected, the minimum rent payable by Tenant during said period shall be reduced equitably to the degree the repair work interferes with the foregoingnormal business conducted on the premises. However, this Lease the obligation of Tenant to pay tax increase, and any other additional rental shall remain in full force and effect as to effect. If the portion of the Premises remainingremaining after such a taking is not susceptible of occupation and use by Tenant for the purpose described in this lease, except that the Base Rent then this Lease shall be reduced in proportion to the reduction in utility terminate as of the Premises caused by date title vests in the condemning authority. Landlord shall receive all the proceeds of any damages, award or settlement paid for any such Condemnationtaking. Condemnation awards and/or payments shall be In the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not event this Lease is terminated pursuant to the provisions any provision of this ParagraphSection 31, or in the event Tenants business is in any manner affected by reason of repairs or restoration Landlord elects to make, then Tenant hereby waives any and all claims or demands against Landlord arising from or related to such condemnation, lease termination, or said repairs or restoration, except, however, that Landlord shall make an equitable refund of any advance rent paid by Tenant and not yet earned. All Alterations and Utility Installations made A voluntary sale by Landlord to any public or quasi-public body, agency or person, corporate or otherwise, having the Premises by Lesseepower of eminent domain, for purposes either under threat of Condemnation onlycondemnation or while condemnation proceedings are pending, shall be considered the property of the Lessee and Lessee shall deemed to be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated a taking by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationeminent domain.

Condemnation. If the Premises shall be condemned or taken in its entirety for a public or quasi-public use, all compensation therefore shall be paid to Mortgagee to be used to pay the Mortgage as provided in the Mortgage and any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")remaining funds will be divided between Lessor and Lessee, and this Lease and all obligations hereunder shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occursof taking. If more than ten percent only a portion of the Premises shall be condemned or taken for a public or quasi-public use, any and all awards or compensation arising from such condemnation or taking shall be paid to Mortgagee subject to the terms of the Mortgage, and this Lease shall continue without modification, unless and except that if so much or such portion of the Premises be taken that the taking shall materially interfere with the efficient operation of its business by Lessee on the Premises, the judgment of Lessee as to the materiality of such interference being conclusive, then at any time within sixty (10%60) days after the taking of any building such portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied Lessee may terminate this Lease by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after serving upon Lessor shall have given Lessee written notice of such taking (or in its intention to do so. In the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate event this Lease is so terminated, then any and all awards or compensation arising from such condemnation or taking shall be paid jointly to Lessor and Lessee subject to the terms of the Mortgage, and all obligations hereunder shall cease as of the date of such termination and any funds remaining after the payment of the Mortgage shall be divided between the Lessor and Lessee. Nothing contained herein shall be construed to preclude Lessee from prosecuting any claim directly against the condemning authority takes in such possession. If Lessee does not terminate this Lease in accordance with the foregoingcondemnation proceedings for loss of business, this Lease shall remain in full force and effect as to the portion or depreciation to, damage to, or cost of the Premises remainingremoval of, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation or for diminution in value of the leasehold, the value of the part takenits leasehold interest, or for severance damages; providedstock, howevertrade fixtures, that Lessee shall be entitled furniture and other personal property belonging to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If In the Premises event of any condemnation of all or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")Premises, this Lease Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occursoccurs first. If more than ten percent (10%) as a result of any building portion a partial condemnation of the Premises, Lessee, in Lessee’s discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt Lessee’s operations at the Premises for more than twentyforty-five percent (25%45) of the land area portion of the Premises not occupied by any building, is taken by Condemnationdays, Lessee may, at Lessee's ’s option, to be exercised in writing within ten fifteen (1015) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten fifteen (1015) days after the condemning authority shall have taken possession) terminate this Lease Agreement as of the date the condemning authority takes such possession. Lessee may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If Lessee does not terminate this Lease Agreement in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the same proportion to as the reduction in utility rentable area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be taken bears to the property of Lessor, whether such award shall be made as compensation for diminution in value total area of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Agreement is not terminated by reason of the Condemnationsuch condemnation, Lessor shall promptly repair any damage to the Premises caused by such Condemnationcondemning authority.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If , it more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leaseholdhousehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for LesseeLessor's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or or, not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25percent(25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. (#7) If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively all of which are herein called "CONDEMNATIONcondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any the floor area of the building portion of on the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises which is not occupied by any building, is taken by Condemnationcondemnation, Lessee may, at Lessee's option, to be exercised in writing only within ten (10910) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the proportion that the floor area of the building taken bears to the reduction in utility total floor area of the building situation on the Premises. (#8) Any award for the taking of all or any part of the Premises caused by under the power of eminent domain or any payment made under the threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation award for loss of or damage to Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations trade fixtures and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforremovable personal property. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such Condemnationcondemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"all of which are herein called “Condemnation”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingCommon Areas designated for Tenant’s parking, is taken by Condemnationcondemnation, Lessee Tenant may, at Lessee's Tenant’s option, to be exercised in writing within ten (10) 10 days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) ), terminate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion to as the reduction in utility rentable floor area of the Premises caused by taken bears to the total rentable floor area of the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any portion of the Premises. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damagesLandlord; provided, however, that Lessee Tenant shall be entitled to any compensation compensation, separately awarded to Tenant, for Lessee's Tenant’s relocation expenses, expenses and/or loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforTenant’s trade fixtures. In the event that this Lease is not terminated by reason of such condemnation, Landlord shall to the Condemnationextent of its net severance damages in the condemnation matter, Lessor shall repair any damage to the Premises caused by such Condemnationcondemnation authority.

Condemnation. If more than twenty percent (20%) of the Premises is taken for any public or any portion thereof are taken under the power quasi-public use by right of eminent domain or sold under private purchase in lieu thereof (a “Taking”), and the threat Taking prevents or materially interferes with the use of the exercise remainder of said power (collectively "CONDEMNATION")the Premises for the purpose for which they were leased to Tenant, either party may terminate this Lease shall terminate as by delivering to the part taken as of other written notice thereof within thirty (30) days after the date Taking, in which case Rent shall be abated during the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building unexpired portion of the PremisesTerm, or more effective on the date of such Taking. If (i) less than twenty-five twenty percent (2520%) of the land area Premises are subject to a Taking, or (ii) the Taking does not prevent or materially interfere with the use of the remainder of the Premises for the purpose for which they were leased to Tenant, then neither party may terminate this Lease, but the Rent payable during the unexpired portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent Term shall be reduced in proportion to such extent as may be fair and reasonable under the reduction in utility of the Premises caused by such Condemnationcircumstances. Condemnation awards and/or payments All compensation awarded for any Taking shall be the property of LessorLandlord, whether and Tenant hereby assigns any interest it may have in any such award to Landlord; however, Landlord shall be have no interest in any separate award made as compensation to Tenant (which does not reduce Landlord’s award) for diminution in value loss of Tenant’s business or goodwill, for the leasehold, the value taking of the part takenTenant’s trade fixtures, or on account of Tenant’s moving and relocation expenses and depreciation to and removal of Tenant’s physical personal property, if a separate award for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease such items is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to Tenant, and Tenant shall have the Premises by Lessee, right to file a separate claim against the condemning authority for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationitems.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation. 15.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of et the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, and in either care substantially impairs the use of the Premises’ by Lessee, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date data the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and cad effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be he the property of Lessor, whether such award shall shut be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If less than twenty percent (20%) of the gross rentable floor area of the Premises or any portion thereof are is taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively "CONDEMNATIONall of which are herein called condemnation"), this Lease shall terminate as terminates to the part so taken as of the date one (1) day prior to the earlier of the date when the condemning authority takes tide or possession. If twenty percent (20%) or more of the floor area of the Premises is taken by condemnation, either Lessor or Lessee may terminaxx xxis Lease by providing the other with written notice thereof within ten (10) days following the date when the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, neither Lessor or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, elects to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the proportion that the gross rentable floor area taken bean to the reduction in utility total gross rentable floor area of the original Premises. Any award for the taking of all or any part of the Premises caused by under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value or the leasehold or for the taking of the leasehold, the value of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation award for loss or damage to Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations trade fxxxxxxs and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforremovable property. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall shall, to the extent of severance damages actually received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such Condemnationcondemnation except to the extent that Lessee has been rexxxxxxed therefor by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair. Lessor shall notify Lessee within ten (10) days after becoming aware of a potential condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.. (See Addendum for clarification)

Condemnation. If, prior to the Closing Date, all or any part of the Property is taken by condemnation or a conveyance in lieu thereof, or if Seller receives notice of a condemnation proceeding with respect to the Property, then Seller shall notify Purchaser of such condemnation or conveyance in lieu thereof promptly after Seller becomes aware thereof. If the Premises taking or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building threatened taking involves a material portion of the PremisesProperty (hereinafter defined), Purchaser may elect, by written notice to be delivered to Seller on or before the sooner of (i) the tenth (10th) day after Purchaser’s receipt of such notice, or more than twenty-(ii) the Closing Date (provided that if such taking or notice of a condemnation occurs within five percent (25%5) of days prior to the land area portion of Closing Date, the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to Closing Date shall be exercised in writing within extended for ten (10) days after Lessor to permit Purchaser time to evaluate and make such election), to terminate this Agreement, in which event the Xxxxxxx Money shall be returned to Purchaser, and the parties hereto shall have given Lessee written notice no further obligations hereunder (except for obligations that are expressly intended to survive the termination of this Agreement). If Purchaser elects to close this transaction notwithstanding such taking (or in the absence of such noticecondemnation, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee Purchaser shall be entitled to any compensation award given to Seller as a result of such condemnation proceedings, with the same being assigned to Purchaser at Closing. As used herein, a “material portion of the Property” means any part of the Property reasonably required for Lessee's relocation expensesaccess to or the operation of the Property in the manner operated on the date hereof as reasonably determined by Purchaser. If any taking or threatened taking does not involve a material portion of the Property, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, Purchaser shall be considered required to proceed with the property Closing, in which event Seller shall assign to Purchaser any award given to Seller (or the right to receive any such award) as a result of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationcondemnation proceedings.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively all of which are herein called "CONDEMNATIONcondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion the floor area of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnationcondemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion to as the reduction in utility rentable floor area of the Premises caused by taken bears to the total rentable floor area of the building located on the Premises. No reduction of Base Rent shall occur if the only portion of the Premises taken is land on which there is no building, unless the land taken materially reduces available access to or parking for the Premises (and no reasonable substitute for such Condemnationaccess or parking is available). Condemnation awards and/or payments Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation compensation, separately awarded to Lessee for Lessee's relocation expenses, expenses and/or loss of business goodwill and/or Lessee's Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall to the extent of its net severance damages received, over and above the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such Condemnationcondemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.

Condemnation. If In the Premises event of any condemnation of all or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")Property, this Lease Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occursoccurs first. If more than ten percent (10%) as a result of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion a partial condemnation of the Premises not occupied by any buildingor Property, LESSEE, in LESSEE’s sole discretion, is taken by Condemnationunable to use the Premises for the purposes intended hereunder, Lessee or if such condemnation may reasonably be expected to disrupt XXXXXX's operations at the Premises for more than forty-five (45) days, LESSEE may, at Lessee's LESSEE’s option, to be exercised in writing within ten fifteen (1015) days after Lessor LESSOR shall have given Lessee LESSEE written notice of such taking (or in the absence of such notice, within ten fifteen (1015) days after the condemning authority shall have taken possession) terminate this Lease Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If Lessee LESSEE does not terminate this Lease Agreement in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the same proportion to as the reduction in utility rentable area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be taken bears to the property of Lessor, whether such award shall be made as compensation for diminution in value total rentable area of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforPremises. In the event that this Lease Agreement is not terminated by reason of the Condemnationsuch condemnation, Lessor LESSOR shall promptly repair any damage to the Premises caused by such Condemnationcondemning authority.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five twentyfive percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefortherefore. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee Tenant may, at LesseeTenant's option, to be exercised in writing within ten (10) business days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) business days after the condemning authority shall have taken possession) ), terminate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee Tenant shall be entitled to any compensation for LesseeTenant's relocation expenses, loss of business goodwill expenses and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor Landlord shall repair any damage to the Premises caused by such CondemnationCondemnation to the extent of any condemnation proceeds received by Landlord as severance damages.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.. 15. Broker's Fee. 15.1

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of for the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnationcondemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefortherefore. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage damaged to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationCondemnation within a commercially reasonable period of time.

Condemnation. If the Premises all or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the a substantial part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by is condemned for any buildingpublic use or purpose, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor then the Term shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of cease from the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoingwhen possession thereof is taken, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility prorated as of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damagesthat date; provided, however, that Lessee Tenant may elect to continue this Lease as to the remaining portion of the Premises in full force and effect notwithstanding any such taking. Any termination shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant prejudice to the provisions rights of this Paragrapheither Landlord or Tenant to recover compensation and damage caused by such condemnation from the condemnor. All Alterations and Utility Installations Except as provided herein, neither Tenant nor Landlord shall have any rights in any award made solely to the Premises other by Lessee, for purposes of Condemnation only, shall be considered any condemnation authority notwithstanding the property termination of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforLease as herein provided. In If the event that this Lease is not terminated by reason as provided above, then (i) this Lease shall continue in effect with respect to the remaining portion of the CondemnationPremises, Lessor in which event the Rent payable hereunder during the unexpired portion of the Term of this Lease shall repair any damage be adjusted proportional to the ratio of the value of the remaining portion of the Premises caused to the total value of the Premises prior to the taking, (ii) all condemnation awards shall be paid to Tenant to hold for payment of repair and restoration to the Premises, and (iii) Tenant shall proceed with reasonable diligence to rebuild and repair the untaken portions of the Premises to as nearly as reasonably possible their value, condition, and character as such existed immediately prior to such taking. Any sums remaining after payment for such reconstruction shall be paid by Tenant to Landlord to the extent they represent payment for a taking of Landlord's fee interest. The phrase "substantial part," for purposes of this section shall mean so much of the Premises, the improvements located thereon, access to the Premises, or any combination of the foregoing, such Condemnationthat the taking thereof would prevent or substantially impair, in Tenant's reasonable judgment, the ability of Tenant to operate its business in a manner consistent with the operation of its business prior to such taking.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee's Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemner for LesseeXxxxxx's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by LesseeXxxxxx, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the entire Premises or any portion thereof reasonable access to it are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the a condemning [Initial] authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation. Commissions have been handled with a separate agreement between Lessor and Broker. J.W.P. [Handwritten on original.]

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any building, parking spaces is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes purpose of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefortherefore. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. 18.1 If one-third (1/3) or more of the Premises Premises, or the use or occupancy thereof (including the parking rights of Tenant), shall be taken or condemned by any portion thereof are taken under the power of eminent domain governmental or quasi-governmental authority for any public or quasi-public use or purpose, or sold under the threat of the exercise of said power a taking or condemnation (collectively collectively, "CONDEMNATIONcondemned"), then this Lease shall terminate on the day prior to the date title thereto vests in such authority, and Base Rent and any recurring items of Additional Rent which are determined on a per square foot basis shall be apportioned as of such date. If less than one-third (1/3) of the Premises or the use and occupancy thereof is condemned, then this Lease shall continue in full force and effect as to the part taken of the Premises not so condemned, and as of the date title vests in such authority, Base Rent, Additional Rent, the condemning authority takes title or possessionnumber of Parking Permits and any other items which are determined on a per square foot basis shall be proportionately reduced, whichever first occurs. If more than ten percent (10%) based on the amount of any building portion of square footage taken from the Premises, or more than in relation to the total square footage in the Premises immediately prior to such condemnation. Notwithstanding anything herein to the contrary, if twenty-five percent (25%) or more of the land area Land or the Building is condemned, whether or not any portion of the Premises not occupied by any buildingis condemned, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor Landlord shall have given Lessee written the right, following its receipt of notice of such taking (or in the absence of such noticecondemnation, within ten (10) days after the condemning authority shall have taken possession) to terminate this Lease as of the date the condemning authority takes title vests in such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part takenauthority, or for severance damages; providedon such earlier date selected by Landlord, howeverprovided that if title has not vested in such authority, that Lessee shall be entitled in no event may Landlord terminate the Lease on less than ninety (90) days' notice to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationTenant.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisespremises, or more than twenty-five percent (25%) of the land area portion of the Premises premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect affect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If Landlord and Tenant shall each have the right to terminate this Lease if any more than 25% of the Building Area of the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If if more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land parking area portion of the Premises not occupied by any building, is taken by Condemnationexercise of the power of eminent domain and the balance of the Building Area or the parking area is not suitable for Tenant’s intended use, Lessee maybefore the Commencement Date or during the Term of this Lease. In each such case, at Lessee's option, to be exercised in writing within ten (10) days after Lessor Landlord or Tenant shall have given Lessee exercise such termination right by giving written notice of such taking to the other within thirty (or in the absence of such notice, within ten (1030) days after the condemning authority shall have taken possession) terminate this Lease as date of the date the condemning authority takes such possessiontaking. If Lessee does not either Landlord or Tenant exercises such right to terminate this Lease in accordance with the foregoingthis Section 12.1, this Lease shall terminate as of the date of such taking and both parties hereto shall thereafter be freed and discharged of all further obligations hereunder, except as provided for in provisions of this Lease which by their terms survive the expiration or earlier termination of the Lease Term. If neither Landlord nor Tenant exercises such right to terminate this Lease in accordance with this Section 12.1, this Lease shall terminate as to the portion of the Premises so taken as of the date of such taking and shall remain in full force and effect as to the portion of the Premises remainingnot so taken, except that and the Base Rent shall be reduced as of the date of such taking in the proportion to that the reduction in utility area of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be so taken bears to the property total area of Lessor, whether such award the Premises and an appropriate adjustment shall be made as compensation for diminution in value to Tenant’s share of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations Property Taxes and Utility Installations made Insurance Costs incurred with respect to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property as a whole. If all of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In Premises are taken by exercise of the event that power of eminent domain before the Commencement Date or during the Term of this Lease, this Lease is not terminated by reason shall terminate as of the Condemnation, Lessor shall repair any damage to the Premises caused by date of such Condemnationtaking.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively collectively, "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If occurs if more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, notice within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full fun force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; damages provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, Fixtures without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled enabled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, a Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively all of which are herein called "CONDEMNATIONcondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion the floor area of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnationcondemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion to as the rentable floor area of the building located on the Premises. No reduction in utility of Base Rent shall occur if the only portion of the Premises caused by taken is land on which there is no building. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in of value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that the Lessee shall be entitled to any compensation compensation, separately awarded to Lessee for Lessee's relocation expenses, expenses and/or loss of business goodwill and/or Lessee's Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall to the extent of its net severance damages received, over and above the legal and other expenses incurred by Lessor in the condemnation matter, repair any damage to the Premises caused by such Condemnationcondemnation, except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall be responsible for the payment of any amount in excess of such net severance damages required to complete such repair.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"all of which are herein called “condemnation”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingCommon Areas designated for Tenant’s parking, is taken by Condemnationcondemnation, Lessee Tenant may, at Lessee's Tenant’s option, to be exercised in writing within ten (10) 10 days after Lessor Landlord shall have given Lessee Tenant written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) ), terminate this Lease as of the date the condemning authority takes such possession. If Lessee Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in the same proportion to as the reduction in utility rentable floor area of the Premises caused by taken bears to the total rentable floor area of the Premises. No reduction of Base Rent shall occur if the condemnation does not apply to any portion of the Premises. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damagesLandlord; provided, however, that Lessee Tenant shall be entitled to any compensation compensation, separately awarded to Tenant, for Lessee's Tenant’s relocation expenses, expenses and/or loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforTenant’s trade fixtures. In the event that this Lease is not terminated by reason of such condemnation, Landlord shall to the Condemnationextent of its net severance damages in the condemnation matter, Lessor shall repair any damage to the Premises caused by such Condemnationcondemnation authority.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the . The value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraphparagraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee Lessee, and Lessee shall be entitled to any .any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premisesbuilding, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expensesexpense, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises Seller agrees to give written notice to Purchaser of any action, condemnation or other proceeding threatened, pending or instituted for condemnation or other taking of all or any portion thereof are taken under part of the Property by a body having the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION")each, this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%a “Condemnation”) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee Business Days of Seller having knowledge of such action or proceeding. If, prior to Closing, all or any part of the Property or access to the Property is subject to or taken by a Condemnation, or sale in lieu thereof, then Purchaser, by written notice of such taking (or in the absence of such notice, to Seller given within ten (10) days after Business Days following the condemning authority date of Purchaser’s receipt of Seller’s written notice of such Condemnation, or if earlier, the Closing Date, may elect to terminate this Agreement by written notice to Seller, and receive a full refund of the Xxxxxxx Money, whereby Purchaser shall have taken possession) no further obligations or liabilities relating to the Property subject to such termination, except as expressly set forth herein. If Purchaser does not elect to terminate this Lease as Agreement following any notice of a Condemnation of the date Property within said ten (10) Business Day period, or if earlier, the condemning authority takes such possession. If Lessee does not terminate Closing Date, then this Lease in accordance with the foregoing, this Lease Agreement shall remain in full force and effect as effect, and Seller shall assign, transfer, and set over to the portion Purchaser all of Seller’s right, title and interest in and to any awards that have been or that may thereafter be made for any such taking or sale in lieu thereof, in consideration of the Premises remaining, except that the Base Rent shall be reduced Purchase Price. Seller agrees to allow Purchaser to cooperate in proportion to the reduction in utility any negotiations for any Condemnation of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationProperty.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold under the threat of the exercise of said power (collectively all of which are herein called "CONDEMNATIONcondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any the floor area of the building portion of on the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises which is not occupied by any building, is taken by Condemnationcondemnation, Lessee may, at Lessee's option, to be exercised in writing only within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent rent shall be reduced in the proportion that the floor area of the building taken bears to the reduction in utility total floor area of the building situated on the Premises. Any award for the taking of all or any part of the Premises caused by under the power of eminent domain or any payment made under threat of the exercise of such Condemnation. Condemnation awards and/or payments power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, leasehold or for the value taking of the part takenfee, or for as severance damages; provided, however, that Lessee shall be entitled to any compensation award for loss or damage to Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations trade fixtures and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable thereforremovable personal property. In the event that this Lease is not terminated by reason of the Condemnationsuch condemnation, Lessor shall to the extent of severance damages received by Lessor in connection with such condemnation, repair any damage to the Premises caused by such Condemnationcondemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. See Addendum paragraph 61.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain domain, or sold by Landlord under the threat of the exercise of said power (collectively all of which is herein referred to as "CONDEMNATIONcondemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, ; whichever first occursoccurs first. If more than ten percent (10%) ANY of the floor area of any building portion of on the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any buildingcovered with buildings, is taken by Condemnationcondemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) days after Lessor shall have given Lessee written notice of such taking (either Landlord or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) Tenant may terminate this Lease as of the date the condemning authority takes possession by notice in writing of such election within twenty (20) days after Landlord shall have notified Tenant of the taking, or, in the absence of such notice, then within twenty (20) days after the condemning authority shall have taken possession. If Lessee does not terminate this Lease in accordance with the foregoingis not terminated by either Landlord or Tenant, this Lease then it shall remain in full force and effect as to the portion of the Premises remaining, except that provided the Base Rent rental shall be reduced in proportion to the reduction in utility floor area of the buildings taken within the Premises as bears to the total floor area of all buildings located on the Premises. In the event this Lease is not so terminated, then Landlord agrees, at Landlord's sole costs, as soon as reasonably possible, to restore the Premises to a complete unit of like quality and character as existed prior to the condemnation. All awards for the taking of any part of the Premises caused by such Condemnation. Condemnation awards and/or payments or any payment made under the threat of the exercise of power of eminent domain shall be the property of LessorLandlord, whether such award shall be made as compensation for diminution in of value of the leasehold, leasehold or for the value taking of the part taken, fees or for as severance damages; provided, however, that Lessee tenant shall be entitled to any compensation award for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such CondemnationTenant's trade fixtures and removable personal property.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) % of any building portion the rentable floor area of the Premises, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is if any, are taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If , if Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefortherefore. In the event that this Lease is not terminated by reason of the Condemnation, . Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the lie Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATION"“Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the Premisesfloor area of the Unit, or more than twenty-five percent (25%) % of the land area portion of the Premises not occupied by any buildingLessee’s Reserved Parking Spaces, is taken by Condemnation, Lessee may, at Lessee's ’s option, to be exercised in writing within ten (10) 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnationcondemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's ’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "CONDEMNATIONCondemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion % of the PremisesBuilding, or more than twenty-five percent (25%) % of the land area that portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised in writing within ten (10) 10 days after aGer Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) 10 days after aGer the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation.

Condemnation. If Sublessee shall have the same rights to terminate this Sublease in the event of the entire Building or the entire Sublet Premises is condemned or any portion thereof are taken under otherwise acquired by the power exercise of eminent domain or sold under (collectively, a “Taking”) as Sublessor has to terminate the threat Lease by reason of a Taking, pursuant to Article 16 of the exercise Lease, but Sublessee shall have no rights of said power (collectively "CONDEMNATION")Rent abatement under this Sublease in connection with a Taking except as provided below. Sublessor shall have the same right to terminate this Sublease in the event of a Taking as Landlord has to terminate the Lease in the event of a Taking, this Lease shall terminate as pursuant to the part taken as Article 16 of the date Lease; provided however, that notwithstanding the condemning authority takes title foregoing, Sublessor shall not exercise its right to terminate this Sublease (or possession, whichever first occurs. If more than ten percent the Lease) in the event of a Taking if: (10%i) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee's option, to be exercised Sublessee shall notify Sublessor in writing within ten fifteen (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (1015) days after the condemning authority shall have taken possessiondate of the Taking that it desires for Sublessor not to terminate the Lease or this Sublease; and (ii) Sublessee agrees in writing that, notwithstanding anything to the contrary contained in this Sublease, Sublessee will not be entitled to terminate this Sublease on account of such Taking. If, as a result of a Taking, Sublessor's rent under the Lease as of the date the condemning authority takes such possession. If Lessee does not terminate is reduced, then Sublessee's Rent under this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent Sublease shall be reduced in proportion to by the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnationsame amount.