Common use of Taking Clause in Contracts

Taking. (a) If all or part of the Leased Premises is proposed to be taken as a result of any action or proceeding in eminent domain or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectively, a “Taking”), Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right to participate in any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (in Tenant’s reasonable discretion), then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedings, and Landlord shall not enter into any binding settlement agreement without the prior written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayed.

Taking. Taking" shall mean and refer to the acquisition or taking of property (or any right, title or interest therein) by any governmental or quasi-governmental authority acting under power of condemnation or eminent domain, and shall encompass contested as well as uncontested takings as long as initiated by the applicable governmental or quasi-governmental authority. If the whole of the Premises is temporarily taken for a period in excess of thirty (30) days, or is permanently taken, in either case by virtue of a Taking, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all Base Rent, additional rent, and other payments up to that date. If (a) If all twenty percent (20%) or part more of the Leased Premises is proposed permanently taken by virtue of a Taking, or (b) in the case of a Taking of less than twenty percent (20%) of the Premises, Tenant is unable to be taken make reasonable use of the balance of the Premises remaining after the Taking, as determined by Tenant in its reasonable, good faith discretion, or (c) access to the Building or Premises by Tenant is, by virtue of a result Taking, permanently denied, or (d) if free parking is provided for under this Lease (which Tenant acknowledges is not the case as of the date hereof), the parking ratio for the Building is, by virtue of a Taking of any action or proceeding in eminent domain or is proposed parking areas serving the Building, permanently reduced to be transferred a ratio which fails to meet applicable code requirements after taking into account any portion of the Building taken and any reasonable substitute parking provided by Landlord in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectivelyparking areas so taken, a “Taking”), Landlord shall provide then Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right (to participate in any such meetings and proceedings. Should title or be exercised by written notice to Landlord within sixty (60) days after receipt of notice of said taking) to terminate this Lease effective upon the date when possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining applicable portion of the Leased Land and/or Building is taken thereunder pursuant to such Taking. If Tenant does not elect to terminate this Lease as aforesaid, then Landlord shall diligently, and within a reasonable time, after title vests in the condemning authority, repair and restore, at Landlord's expense, the portion not taken so as to render same into an architectural whole to the extent reasonably practicable, and, if any portion of the Premises unsuitable for is taken, thereafter the Base Rent (and Tenant’s 's Share) shall be reduced (on a per square foot basis) in proportion to the portion of the Premises taken. If there is a temporary Taking involving the Premises or Building, or if a Taking of other portions of the Building or common areas does not deny Tenant access to the Building and Premises, or if less than twenty percent (20%) of the Premises is permanently taken by a Taking and Tenant is able to make reasonable use (of the balance of the Premises as determined by Tenant in Tenant’s its reasonable good faith discretion), then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee not terminate, and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage andLandlord shall, as soon as reasonably practicable thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill repair and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenantrestore, at its sole discretionown expense, the portion not taken so as to render same into an architectural whole to the fullest extent reasonably practicable. If any portion of the Premises was permanently taken, then the Base Rent (and Tenant's Share) shall be entitled seek reduced (on a separate award for any damages allowable by lawper square foot basis) in proportion to the portion of the Premises taken, including those damages for (a) commencing on the removal and relocation Tenant’s business, (b) date Tenant is deprived of the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of such portion of the Leased Premises. If any portion of the Premises by was temporarily taken, then the Base Rent (and Tenant; and Landlord 's Share) shall have no rightbe reduced (on a per square foot basis) in proportion to the portion of the Premises taken for the period of such temporary taking, title or interest in or that is, from the date upon which Tenant is deprived of the use of such portion of the Premises until the date Tenant is restored to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedings, and Landlord shall not enter into any binding settlement agreement without use of such portion of the prior written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedPremises.

Taking. (a) If all or part the whole of the Leased Premises is proposed to be taken as a result of any action taken, either permanently or proceeding in temporarily, by eminent domain or condemnation, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all Rent, additional rent, and other payments up to that date. If twenty percent (20%) or more of the Premises or any Building is proposed permanently taken, or if access to be transferred in lieu the Buildings or Premises by Tenant is, by virtue of condemnation to any authority entitled to exercise the power of a taking, permanently denied, by eminent domain (collectivelyor condemnation, a “Taking”), then Landlord shall provide or Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right (to participate in any be exercised by written notice to the other within sixty (60) days after receipt of notice of said taking) to terminate this Lease from the date when possession is taken thereunder pursuant to such meetings and proceedingsproceeding or purchase. Should title or possession of all If the taking affects only one (1) of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domainBuildings, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (in Tenant’s reasonable discretion), then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate terminate this Lease as to that Building only (and if Tenant desires to so continue this Lease as to such Building Landlord shall not be entitled to invoke its termination right). In addition, Tenant shall have the right to terminate this Lease by written notice to Landlord if, as a result of any condemnation or other similar action (i) an amount of the parking spaces in the Common Area are permanently taken, such that the remaining parking is less than 3.6 parking spaces per 1,000 square foot of the Premises, (ii) access to the Premises from ▇▇▇▇▇▇ Mill Road is permanently denied, and Landlord fails to provide substitute access reasonably acceptable to Tenant, or (iii) Tenant is permanently deprived of the ability to use the loading docks on the Premises. If neither party elects to terminate this Lease, as aforesaid, then Landlord shall within a reasonable time after title vests in the condemning authority, repair and restore, at Landlord's expense, the portion not taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any settlement proceedingsportion of the Premises is taken, thereafter the Rent shall be reduced (on a per square foot basis) in proportion to the portion of the Premises taken. If there is a temporary taking involving the Premises or Buildings, if a taking of other portions of the Buildings or Common Areas does not deny Tenant access to the Buildings and Premises, or if less than twenty percent (20%) of the Premises is permanently taken by eminent domain or condemnation, then this Lease shall not terminate, and Landlord shall repair and restore, at its own expense, the portion not enter taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any binding settlement agreement without portion of the prior written consent Premises was taken, thereafter the Rent shall be reduced (on a per square foot basis) in proportion to the portion of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedthe Premises taken.

Taking. (a) If all or part a material portion of the Leased Premises is proposed to be taken taken, either permanently or temporarily, by eminent domain or condemnation and as a result of such taking the Tenant can no longer reasonably use the Premises for its intended purpose, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all Base Rent, Additional Rent, and other payments up to that date. If any action part of the Premises is permanently taken, or proceeding in if access to the by Tenant is, by virtue of a taking, permanently denied, by eminent domain or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectivelycondemnation, a “Taking”), then Landlord shall provide or Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right (to participate be exercised by written notice to the other within sixty (60) days after receipt of notice of said taking) to terminate this Lease from the date when possession is taken thereunder pursuant to such proceeding or purchase. If neither party elects to terminate this Lease, as aforesaid, then Landlord shall within a reasonable time after title vests in the condemning authority, repair and restore, at Landlord’s expense, the portion not taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use is taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in Tenant’s reasonable discretion)proportion to the portion of the Premises taken. If there is a temporary taking involving the Premises or Building, if a taking of other portions of the Building or Common Areas does not deny Tenant access to the Building and Premises, then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedingsterminate, and Landlord shall repair and restore, at its own expense, the portion not enter taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any binding settlement agreement without portion of the prior written consent Premises was taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in proportion to the portion of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedthe Premises taken.

Taking. (a) If all or part the whole of the Leased Premises is proposed to be taken as a result of any action taken, either permanently or proceeding in temporarily, by eminent domain or condemnation, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all Base Rent, Additional Rent, and other payments up to that date. If twenty percent (20%) or more of the Premises is proposed permanently taken, or if access to be transferred in lieu the Tenant is, by virtue of condemnation to any authority entitled to exercise the power of a taking, permanently denied or materially adversely affected, by eminent domain (collectivelyor condemnation, a “Taking”), then Landlord shall provide or Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right (to participate be exercised by written notice to the other within sixty (60) days after receipt of notice of said taking) to terminate this Lease from the date when possession is taken thereunder pursuant to such proceeding or purchase. If neither party elects to terminate this Lease, as aforesaid, then Landlord shall within a reasonable time after title vests in the condemning authority, repair and restore, at Landlord's expense, the portion not taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s is taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in proportion to the portion of the Premises taken. If there is a temporary taking involving the Premises or Building, if a taking of other portions of the Building or Common Areas does not deny Tenant access to and continued use (in Tenant’s reasonable discretion)the same manner as prior to the taking) of the Building and Premises, or if less than twenty percent (20%) of the Premises is permanently taken by eminent domain or condemnation and does not deny Tenant access to and continued use of the Building and Premises, then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedingsterminate, and Landlord shall repair and restore, at its own expense, the portion not enter taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any binding settlement agreement without portion of the prior written consent Premises was taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in proportion to the portion of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedthe Premises taken.

Taking. (a) If the whole of the Premises is taken, either permanently or temporarily, by eminent domain or condemnation, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all or Base Rent, Additional Rent, and other payments up to that date. If any part of the Leased Premises is proposed permanently taken, or if access to be taken as the Premises by Tenant is, by virtue of a result of any action or proceeding in taking, denied, by eminent domain or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectivelycondemnation, a “Taking”), then Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right (to participate in any be exercised by written notice to Tenant within sixty (60) days after receipt of notice of said taking) to terminate this Lease from the date when possession is taken thereunder pursuant to such meetings and proceedingsproceeding or purchase. Should title In the event fifteen percent (15%) or possession of all more of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise rentable area of the right Premises is taken, then Tenant shall have the right, exercisable upon written notice to Landlord within thirty (30) days after the date that the area so taken vests with the condemning authority, to terminate this Lease. Despite the foregoing, in the event Tenant so delivers a termination notice to Landlord, and Landlord, in its sole discretion, elects to lease other comparable space in the Building that is located on a floor that is adjacent to the floor upon which the Premises is located to Tenant to replace a portion of eminent domainthe area so taken, or should a partial Taking render such that the rentable area of the remaining portion of the Leased Premises unsuitable for which was not taken, when aggregated with the additional space that Landlord elects to lease to Tenant in the Building, equals at least eighty five percent (85%) of the rentable area of the Premises that existed prior to the taking, then Tenant’s use notice of termination shall be deemed automatically rescinded. If this Lease is not terminated, as aforesaid, then Landlord shall within a reasonable time after title vests in the condemning authority, repair and restore, at Landlord’s expense, the portion not taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any portion of the Premises is taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in Tenant’s reasonable discretion)proportion to the portion of the Premises taken. If there is a temporary taking involving the Premises or Building, if a taking of other portions of the Building or Common Areas does not deny Tenant access to the Building and Premises, then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedingsterminate, and Landlord shall repair and restore, at its own expense, the portion not enter taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any binding settlement agreement without portion of the prior written consent Premises was taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in proportion to the portion of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedthe Premises taken.

Taking. If the whole or a substantial part (aas hereinafter defined) of the Premises (or use or occupancy of the Premises) shall be taken or condemned by any governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), referred to herein as a “Taking”, then the terms of this Lease shall cease and terminate as of the date when title vests in such governmental or quasi-governmental authority, and the rent and additional rent shall be abated on the date when such title vests in such governmental or quasi-governmental authority (the “Taking Date”). If all or less than a substantial part of the Leased Premises is proposed taken or condemned by any governmental or quasi-governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), the rent and additional rent shall be equitably adjusted (on the basis of the number of square feet before and after such event) on the date when title vests in such governmental or quasi-governmental authority, and the Lease shall otherwise continue in full force and effect. If the taking of a part of the Premises materially interferes with Tenant’s ability to continue its business operations in substantially the same manner and space, then Tenant may terminate this Lease as of the Taking Date. Tenant shall have no claim against Landlord (or otherwise) and hereby agrees to make no claim against the condemning authority for any portion of the amount that may be taken awarded as damage as a result of any action governmental or proceeding quasi-governmental taking or condemnation (or sale under treat of such taking or condemnation) or for the value of any unexpired term of the Lease or for loss of profits or moving expenses or for any other claim or cause of action. Notwithstanding anything else in eminent domain or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectively, a “Taking”this Section 15(d), Landlord shall provide Tenant with reasonable advance notice of any may claim and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have recover from the right to participate in any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (in Tenant’s reasonable discretion), then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek condemning authority a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s businessmoving expenses, (b) business dislocation damages, personal property and fixtures, the loss or damage unamortized costs of leasehold improvements paid for by Tenant and any other award that would not substantially reduce the award payable to any property that Tenant elects or is required not to removeLandlord. Each party shall seek its own award, as limited above, at its own expense, and (c) the loss of use of the Leased Premises by Tenant; and Landlord neither shall have no right, title or interest in or any right to any separate the award made therefor. Tenant shall have to the right to participate in any settlement proceedings, and Landlord shall not enter into any binding settlement agreement without the prior written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedother.

Taking. (a) If the whole of the Premises is taken, either permanently or temporarily, by eminent domain or condemnation, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all Base Rent, Additional Rent, and other payments up to the date on which Tenant loses the right of possession and use of all or substantially all of the Premises. If any part of the Leased Premises is proposed permanently taken, or if access to be taken as the Premises by Tenant is, by virtue of a result of any action or proceeding in taking, permanently denied, by eminent domain or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectivelycondemnation, a “Taking”), then Landlord shall provide or Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right (to participate be exercised by written notice to the other within sixty (60) days after receipt of notice of said taking) to terminate this Lease from the date when possession is taken thereunder pursuant to such proceeding or purchase. If neither parry elects to terminate this Lease, as aforesaid, then Landlord shall within a reasonable time after title vests in the condemning authority, repair and restore, at Landlord’s expense, the portion not taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use is taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in Tenant’s reasonable discretion)proportion to the portion of the Premises taken. If there is a temporary taking involving the Premises or Building, if a taking of other portions of the Building or Common Areas does not deny Tenant access to the Building and Premises, then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedingsterminate, and Landlord shall repair and restore, at its own expense, the portion not enter taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any binding settlement agreement without portion of the prior written consent Premises was taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in proportion to the portion of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedthe Premises taken.

Taking. (a) 7.2.1 If all or part the whole of the Leased Premises is proposed to shall be taken as a result of for any action public or proceeding in eminent domain quasi-public use under any statute or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power by right of eminent domain (collectively, a “Taking”), Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related hereinafter referred to such Taking, and Leasehold Mortgagee shall have the right to participate in any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (in Tenant’s reasonable discretionas "taking"), then this Lease shall automatically terminate upon such vesting as of title or the date that possession is taken by the taking authority. 7.2.2 If there is a partial taking of possession.the Premises, then, to the extent of the net taking award recovered by Landlord, Landlord shall promptly and with due diligence restore the Premises or what may-remain thereof to an economically operable facility substantially comparable to their condition prior to such taking subject to the following: 7.2.2.1 If such partial taking completely deprives Tenant of all access to the Premises, Tenant may terminate this Lease by notice given to Landlord within thirty (b30) All payments made days of such partial taking; or, if such partial taking reduced the floor area of the building on account of any Taking the Premises by eminent domain more than twenty percent (20%) or reduces the parking area on the Premises by more than twenty percent (20%), then either party may terminate this Lease by notice given to the other within thirty (30) days after such partial taking and effective thirty (30) days after such notice is received by the other party; except that such termination by Landlord shall be deposited with Leasehold Mortgagee and such payments ineffective if Tenant shall first be allocated extend the Term pursuant to either restore Section 11.1 or shall elect to expand pursuant to Section 11.2 or purchase the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or pursuant to the Leasehold Mortgagee Section 11.5 (in the amount equal to latter case, the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments entire taking award shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively assigned to Tenant). If this Lease is so terminated, and Tenantthe termination shall be effective as of the date that possession is taken by the taking authority. 7.2.2.2 If the Premises are not, in fact, restored as provided in the introductory paragraph to this Section 7.2.2 within nine (9) months from the date when the taking authority takes possession of the part of the Premises so taken, Tenant may terminate this Lease, at its sole discretionany time following such nine (9) month period until the Premises are so restored, by written notice given to Landlord specifying a termination date thirty (30) days after such notice is received by Landlord, provided, however, that such termination shall not be entitled seek a separate award for any damages allowable by laweffective if the Premises are in fact so restored before the expiration of such 30-day period. 7.2.2.3 If, including those damages for (a) during the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use last year of the Leased Term more than ten percent (10%) of the floor area of the building on the Premises by Tenant; and Landlord shall have no rightor more than twenty percent (20%) of the parking area on the Premises is so partially taken, title or interest in or to any separate award made therefor. Tenant either party shall have the right to participate terminate this Lease by notice to the other given within thirty (30) days after the date of such partial taking and effective thirty (30) days after such notice is received by the other party; except that any such termination by Landlord shall be ineffective if Tenant shall forthwith extend the Term pursuant to Section 11.1 or shall elect to expand pursuant to Section 11.2 or purchase the Premises pursuant to Section 11.5 (in any settlement proceedingsthe latter case, the entire taking award shall be assigned to Tenant). 7.2.2.4 If this Lease is not terminated as provided in this Section 7.2.2, a just proportion of the Fixed Rent and Additional Rent shall be suspended or abated, according to the nature and extent of the partial taking from the date that the taking authority takes possession or when Tenant is deprived of its practical use of the Premises, whichever occurs first, to the date that Tenant's use of the Premises shall be so restored, and thereafter a just proportion of the Fixed Rent and Additional Rent shall be abated for the balance of the Term according to the nature and extent of such partial taking. 7.2.3 Landlord shall not enter into reserves to itself all rights to receive all awards, damages and compensation accruing by reason of any binding settlement agreement without the prior written consent of taking referred to in Section 7.2, except as otherwise provided in such Section, and Tenant hereby releases and assigns to Landlord all such rights, except for such awards, damages or compensation as may be separately awarded for Tenant's personal property, which consent shall not be unreasonably withheld, conditioned or delayedtrade fixtures and moving expenses.

Taking. (a) If all or part the whole of the Leased Premises is proposed or the sole direct access from the Premises to any adjacent street or highway shall be taken as a result of by any action public or proceeding in eminent domain or is proposed to be transferred in lieu of condemnation to any quasi-public authority entitled to exercise under the power of eminent domain (collectively, a “Taking”), Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right to participate in any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (in Tenant’s reasonable discretion)condemnation, then this Lease shall terminate upon such vesting on the date of title or taking of possession. possession by the condemning authority or the date title vests in the condemning authority. In the event that (bi) All payments made on account Twenty Five (25%) percent or more of the Building or the parking serving the Building shall be taken or conveyed by the power of eminent domain or condemnation or (ii) as a result of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in taking, regardless of the amount equal to so taken, the outstanding indebtedness secured by remainder of the Leasehold Mortgage andPremises is rendered unsuitable in Tenant's opinion, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (andreasonably exercised, for avoidance the continued operation of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s 's business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. then Tenant shall have the right to participate in terminate this Lease upon ten (10) days prior written notice given to Landlord within thirty (30) days after receipt of written notice from Landlord advising Tenant that a portion of the Premises has been so taken. If any settlement proceedingspart of the Premises is so taken or conveyed, and the Lease is not terminated as set forth above, then: (i) this Lease shall continue in full force and effect, except that the Fixed Monthly Rent shall be reduced in the same proportion that the portion of the Premises so taken or conveyed bears to the area of the Premises leased to Tenant, such reduction commencing as of the date that Tenant is required to surrender possession of the part of the Premises taken or conveyed; and (ii) Landlord shall make all necessary repairs or alterations to restore that portion of the Premises remaining as near to its former condition as the circumstances will permit and to constitute the portion of the Building not enter into any binding settlement agreement without the prior written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedtaken as a complete architectural unit.

Taking. (a) If all or part the whole of the Leased Premises is proposed to be temporarily taken as for a result period in excess of any action or proceeding in eminent domain thirty (30) days, or is proposed to be transferred permanently taken, in lieu either case by virtue of condemnation to any authority entitled to exercise the power of eminent domain (collectively, a “Taking”), Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right to participate in any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (in Tenant’s reasonable discretion), then this Lease shall automatically terminate upon such vesting as of the date title or taking of possessionvests in the condemning authority, and Tenant shall pay all Base Rent, additional rent, and other payments up to that date. (b) All payments made on account If(a) twenty percent (20%) or more of any Taking the Premises is permanently taken by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents virtue of a Taking, or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) in the loss case of a Taking ofless than twenty percent (20%) of the Premises, Tenant is unable to make reasonable use of the balance of the Premises remaining after the Taking, as determined by Tenant in its reasonable, good faith discretion, or damage to any property that Tenant elects or is required not to remove, and (c) access to the loss ▇▇▇ ding or Premises by Tenant is, by virtue of use a Taking, permanently denied, or (d) the parking ratio for the Building is, by virtue of a Taking of any parking areas serving the Building, permanently ~educed to a ratio which fails to meet applicable code requirements after taking into account any portion of the Leased Premises Building taken and any reasonable substitute parking provided by Tenant; Landlord in lieu ofthe.parking areas so taken, or the actual parking ratio available to Tenant as required under this Lease after such Taking is reduced by more than twenty percent (20%) (again taking into account any reasonable substitute parking provided by Landlord in lieu of the parking areas so taken), then Landlord and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall each have the right (to participate in any settlement proceedingsbe exercised by written notice to the other within ninety (90) days after receipt of notice of said taking) to terminate this Lease effective upon the date when possession of the applicable portion of the Land and/or Building is taken thereunderpursuantto such Taking. (c) If neither party elects to terminate this Lease, and as aforesaid, then Landlord shall diligently and within a reasonable time (not enter to exceed 180 days in the aggregate) after title ests in the condemning authority, repair and restore, at Landlord's expense, the portion not taken so as to render same into an architectural whole to the extent reasonably practicable, and, if any binding settlement agreement without portion of the prior written consent Premises is taken, thereafter the Base Rent (and Tenant's Share) shall be reduced (on a per square foot basis) in proportion to the portion of Tenantthe Premises taken. (d) If there is a temporary Taking involving the Premises or Building, which consent shall or if a Taking of other portions of the Building or common areas does not be unreasonably withheld, conditioned or delayed.deny Tenant access to the 56

Taking. Taking" shall mean and refer to the acquisition or taking of property (or any right, title or interest therein) by any governmental or quasi-governmental authority acting under power of condemnation or eminent domain, and shall encompass contested as well as uncontested takings as long as initiated by the applicable governmental or quasi-governmental authority. If the whole of the Premises is temporarily taken for a period in excess of thirty (30) days, or is permanently taken, in either case by virtue of a Taking, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all Base Rent, additional rent, and other payments up to that date. If (a) If all twenty percent (20%) or part more of the Leased Premises is proposed permanently taken by virtue of a Taking, or (b) in the case of a Taking of less than twenty percent (20%) of the Premises, Tenant is unable to be taken make reasonable use of the balance of the Premises remaining after the Taking, as determined by Tenant in its reasonable, good faith discretion, or (c) access to the Building or Premises by Tenant is, by virtue of a result Taking, permanently denied, or (d) if free parking is provided for under this Lease, the parking ratio for the Building is, by virtue of a Taking of any action or proceeding in eminent domain or is proposed parking areas serving the Building, permanently reduced to be transferred a ratio which fails to meet applicable code requirements after taking into account any portion of the Building taken and any reasonable substitute parking provided by Landlord in lieu of condemnation the parking areas so taken, then Landlord and Tenant shall each have the right (to any authority entitled be exercised by written notice to exercise the power other within sixty (60) days after receipt of eminent domain (collectively, a “Taking”), Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related said taking) to terminate this Lease effective upon the date when possession of the applicable portion of the Land and/or Building is taken thereunder pursuant to such Taking. If neither party elects to terminate this Lease, as aforesaid, then Landlord shall diligently, and Leasehold Mortgagee shall have within a reasonable time (not to exceed one hundred eighty (180) days subject to Force Majeure not to exceed thirty (30) days in the right aggregate), after title vests in the condemning authority, repair and restore, at Landlord's expense, the portion not taken so as to participate in render same into an architectural whole to the extent reasonably practicable, and, if any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for is taken, thereafter the Base Rent (and Tenant’s 's Share) shall be reduced (on a per square foot basis) in proportion to the portion of the Premises taken. If there is a temporary Taking involving the Premises or Building, or if a Taking of other portions of the Building or Common Areas does not deny Tenant access to the Building and Premises, or if less than twenty percent (20%) of the Premises is permanently taken by a Taking and Tenant is able to make reasonable use (of the balance of the Premises as determined by Tenant in Tenant’s its reasonable good faith discretion), then this Lease shall terminate upon such vesting of title or taking of possession. not terminate, and Landlord shall, as soon as reasonably practicable thereafter (band in all events within one hundred eighty (180) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated days thereafter subject to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or Force Majeure not to the Leasehold Mortgagee exceed thirty (30) days in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenantaggregate), repair and Tenantrestore, at its sole discretionown expense, the portion not taken so as to render same into an architectural whole to the fullest extent reasonably practicable. If any portion of the Premises was permanently taken, then the Base Rent (and Tenant's Share) shall be entitled seek reduced (on a separate award for any damages allowable by lawper square foot basis) in proportion to the portion of the Premises taken, including those damages for (a) commencing on the removal and relocation Tenant’s business, (b) date Tenant is deprived of the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of such portion of the Leased Premises. If any portion of the Premises by was temporarily taken, then the Base Rent (and Tenant; and Landlord 's Share) shall have no rightbe reduced (on a per square foot basis) in proportion to the portion of the Premises taken for the period of such temporary taking, title or interest in or that is, from the date upon which Tenant is deprived of the use of such portion of the Premises until the date Tenant is restored to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedings, and Landlord shall not enter into any binding settlement agreement without use of such portion of the prior written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedPremises.

Taking. (a) If all or part the whole of the Leased Premises is proposed to be taken as a result of any action by condemnation or proceeding in eminent domain or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectively, a “Taking”), Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right to participate in any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should by voluntary transfer made under threat of condemnation or exercise of right of eminent domain (a partial "Taking"), and such Taking render is permanent (a "Permanent Taking"), this Lease shall automatically terminate as of the remaining date (the "Vesting Date") that title vests in the condemning authority, and Tenant shall pay all Rent due under this Lease up to the Vesting Date. Any temporary Taking for a period in excess of twelve (12) consecutive months shall be deemed to be a Permanent Taking within the meaning of this Section 4.5. If any Permanent Taking occurs with regard to twenty percent (20%) or more of the Premises, Landlord and Tenant shall each have the right (to be exercised by written notice to the other within sixty (60) days after receipt of notice of said Permanent Taking) to terminate this Lease effective upon the Vesting Date. If neither party elects to terminate this Lease, as aforesaid, then Landlord shall diligently, and within a reasonable time, after the Vesting Date, repair and restore, at Landlord's expense, the portion of the Leased Premises unsuitable for not subject to such Taking, so as to render same an architectural whole to the extent reasonably practicable, and, with regard to any portion of the Premises which is subject to such Taking, the Base Rent (and Tenant’s use 's Share) shall be reduced (on a per square foot basis) in Tenant’s reasonable discretion)proportion to the portion of the Premises subject to such Taking. If there is a temporary Taking involving the Premises or Building, or if less than twenty percent (20%) of the Premises is permanently taken by a Taking, then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee not terminate, and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage andLandlord shall, as soon as reasonably practicable thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill repair and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenantrestore, at its sole discretionown expense, the portion not affected by such Taking so as to render same into an architectural whole to the fullest extent reasonably practicable. If any portion of the Premises was subject to a temporary Taking, then the Base Rent (and Tenant's Share) shall be entitled seek reduced (on a separate award per square foot basis) in proportion to the portion of the Premises subject to such Taking, but only for any damages allowable by lawthe period of such temporary Taking, including those damages for (a) that is, from the removal and relocation Tenant’s business, (b) date upon which Tenant is deprived of the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of such portion of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or until the date Tenant is restored to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedings, and Landlord shall not enter into any binding settlement agreement without use of such portion of the prior written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedPremises.

Taking. (a) If all or part the whole of the Leased Premises is proposed or the sole direct access from the Premises to any adjacent street or highway shall be taken as a result of by any action public or proceeding in eminent domain or is proposed to be transferred in lieu of condemnation to any quasi-public authority entitled to exercise under the power of eminent domain (collectively, a “Taking”), Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right to participate in any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (in Tenant’s reasonable discretion)condemnation, then this Lease shall terminate upon such vesting onthe date of title or taking of possession.possession by the condemning authority or the date title vests in the condemning authority. In the event that (i) Twenty Five (25%) percent or more of the Building or the parking serving the Building shall be taken or conveyed by the power of eminent domain or 19 01 31/02 condemnation or (bii) All payments made on account as a result of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in taking, regardless of the amount equal to so taken,the outstanding indebtedness secured by remainder of the Leasehold Mortgage andPremises is rendered unsuitable in Tenant's opinion, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (andreasonably exercised, for avoidance the continued operation of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s 's business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. then Tenant shall have the right to participate in terminate this Lease by written notice given to Landlord within thirty (30) days after receipt of written notice from Landlord advising Tenant that a portion of the Premises has been so taken. If any settlement proceedingspart of the Premises is so taken or conveyed, and the Lease is not terminated as set forth above,then: (i) this Lease shall continue in full force and effect, except that the Fixed Monthly Rent shall be reduced in the same proportion that the portion of the Premises so taken or conveyed bears to the area of the Premises leased to Tenant, such reduction commencing as of the date that Tenant is required to surrender possession of the part of the Premises taken or conveyed; and (ii) Landlord shall make all necessary repairs or alterations to restore that portion of the Premises remaining as near to its former condition as the circumstances will permit and to constitute the portion of the Building not enter into any binding settlement agreement without the prior written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedtaken as a complete architectural unit.

Taking. (a) If the whole of the Premises is taken, either permanently or temporarily, by eminent domain or condemnation, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all or Base Rent, Additional Rent, and other payments up to that date. If any part of the Leased Premises is proposed permanently taken, or if access to be taken as the Premises by Tenant is, by virtue of a result of any action or proceeding in taking, permanently denied, by eminent domain or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectivelycondemnation, a “Taking”), then Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right (to participate be exercised by written notice to Tenant within sixty (60) days after receipt of notice of said taking) to terminate this Lease from the date when possession is taken thereunder pursuant to such proceeding or purchase. If Landlord does not elect to terminate this Lease, as aforesaid, then Landlord shall within a reasonable time after title vests in the condemning authority, repair and restore, at Landlord’s expense, the portion not taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use is taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in Tenant’s reasonable discretion)proportion to the portion of the Premises taken. If there is a temporary taking involving the Premises or Building, if a taking of other portions of the Building or Common Areas does not deny Tenant access to the Building and Premises, then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedingsterminate, and Landlord shall repair and restore, at its own expense, the portion not enter taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any binding settlement agreement without portion of the prior written consent Premises was taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in proportion to the portion of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedthe Premises taken.

Taking. (a) If all or part the whole of the Leased Premises is proposed to be taken as a result of any action taken, either permanently or proceeding in temporarily, by eminent domain or condemnation, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all Base Rent, Additional Rent, and other payments up to that date. If twenty percent (20%) or more of the Premises is proposed permanently taken, or if access to be transferred in lieu the by Tenant is, by virtue of condemnation to any authority entitled to exercise the power of a taking, permanently denied, by eminent domain (collectivelyor condemnation, a “Taking”), then Landlord shall provide or Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right (to participate be exercised by written notice to the other within sixty (60) days after receipt of notice of said taking) to terminate this Lease from the date when possession is taken thereunder pursuant to such proceeding or purchase. If neither party elects to terminate this Lease, as aforesaid, then Landlord shall within a reasonable time after title vests in the condemning authority, repair and restore, at Landlord’s expense, the portion not taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use is taken, thereafter the Base Rent and Additional Rent shall be reduced (on a per square foot basis) in Tenant’s reasonable discretion)proportion to the portion of the Premises taken. If there is a temporary taking involving the Premises or Building, if a taking of other portions of the Building or Common Areas does not deny Tenant access to the Building and Premises, or if less than twenty percent (20%) of the Premises is permanently taken by eminent domain or condemnation, then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedingsterminate, and Landlord shall repair and restore, at its own expense, the portion not enter taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any binding settlement agreement without portion of the prior written consent Premises was taken, thereafter the Base Rent and Additional Rent shall be reduced (on a per square foot basis) in proportion to the portion of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedthe Premises taken.

Taking. (a) If a Taking of all or part of the Leased Premises is proposed to be taken as a result of any action or proceeding in eminent domain or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectively, a “Taking”), Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right to participate in any such meetings and proceedings. Should title or possession of substantially all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (in Tenant’s reasonable discretion)occurs, then this Lease shall terminate upon such vesting as of title or taking the Vesting Date. If there is a Taking of possessionless than substantially all of the Premises, then this Lease shall terminate on the Vesting Date with respect to the portion so taken. (b) All payments made on account If there is a Taking of part of the Complex but none of or less than substantially all of the Premises, Landlord may elect to terminate this Lease if (i) there is any Taking by eminent domain occurring during the last two (2) years of the Term; or (ii) in Landlord’s reasonable judgment, it shall not be deposited with Leasehold Mortgagee economically feasible to restore and such payments shall first be allocated to either restore replace the Leased Premises in accordance with Building, the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill Common Areas, the Complex or part thereof, to tenantable condition capable of being operated as a mixed use complex in an economical manner. If Landlord elects to terminate this Lease pursuant to this Section, Landlord shall, within one hundred twenty (120) days of the Taking, give notice to Tenant, and any other improvements or fixtures thereon or therein the Term shall expire and come to an end as of the last day of the calendar month in which such notice is given. (c) If there is a Taking of less than substantially all of the Premises, Tenant, subject to Landlord’s lenders’ requirements, may elect to terminate this Lease if, by reason of the Taking (i) more than thirty-three percent (33%) of the Square Feet within the Premises shall be allocated exclusively taken; (ii) there is a prohibition of the use of the Premises for Tenant’s actual permitted use thereof; or (iii) there is any Taking of the Premises occurring during the last two (2) years of the Term. If Tenant elects to Tenant)terminate this Lease pursuant to this Section, Tenant shall, within one hundred twenty (120) days of the Taking, give notice to Landlord, and Tenantthe Term shall expire and come to an end as of the last day of the calendar month in which such notice is given. (d) If there is a Taking, at its sole discretionthen commencing on the Vesting Date, Base Rent shall be entitled seek a separate award for any damages allowable by law, including those damages for the product of (ai) Base Rent immediately preceding the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to removeTaking, and (cii) a fraction, the numerator of which shall be the number of Square Feet within the Premises remaining after the Taking, and the denominator of which shall be the number of Square Feet within the Premises immediately preceding the Taking. (e) Tenant shall not be entitled to and hereby waives any and all claims against Landlord for any compensation or damage for loss of use of the Leased Premises Premises, the Common Areas or any portion thereof, for any interruption of services required to be provided by Landlord hereunder, and/or for any inconvenience or annoyance resulting from any damage, destruction, repair or restoration. (f) All compensation awarded or paid in respect of a Taking shall belong to and be the property of Landlord without any participation by Tenant. Nothing herein shall be construed to preclude Tenant from prosecuting any claim directly against the condemning authority in such condemnation proceeding for moving expenses; any fixtures or equipment owned by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedings, and Landlord shall not enter into any binding settlement agreement without the prior written consent unamortized cost of Tenant’s betterments and improvements, which consent provided that no such claim shall not be unreasonably withheld(x) diminish or otherwise adversely affect Landlord’s award or the award of any Fee Mortgagee, conditioned or delayed(y) include any value for the leasehold estate created hereby or the unexpired term of this Lease.

Taking. (a) If all or part the whole of the Leased Premises is proposed to Property shall be taken as a result of any action or proceeding in eminent domain or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectively, a “Taking”), Landlord shall provide Tenant with reasonable advance notice of any so condemned and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right to participate in any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (in Tenant’s reasonable discretion)taken, then this Lease shall terminate upon such vesting taking. If greater than one-third (1/3) of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use floor space of the Leased Premises Property is condemned or taken or if by Tenant; and reason of any condemnation or taking the remainder of the Leased Property will not be reasonably adequate for the operation of the Business after Landlord shall have no rightcompletes such repairs or alterations as Landlord elects to make, title either Landlord or interest in or to any separate award made therefor. Tenant shall have the right option to participate terminate this Lease by notifying the other party hereto of such election in writing within thirty (30) days after such taking. If by such condemnation and taking one-third (1/3) or less of the Leased Property has been taken and the remainder is one undivided parcel, or if a part only of the Leased Property is taken and the remaining part thereof is suitable for the purposes for which Tenant has leased said premises, this Lease shall continue in full force and effect, but the minimum rent shall be reduced in an amount equal to that proportion of the minimum rent which the floor space of the portion taken bears to the total floor space of the Leased Property. In the event a partial taking does not terminate this Lease, Tenant, at Tenant's expense, shall make repairs and restorations to the remaining premises and shall also repair or replace its stock in trade, fixtures, furniture, furnishings, floor coverings and equipment and if Tenant has closed shall promptly reopen for business. If any settlement proceedingspart of the Resort other than the Leased Property shall be so taken or appropriated, and Landlord shall not enter into any binding settlement agreement without have the prior written consent right, at its option to terminate this Lease by notifying Tenant within six (6) months of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedsuch taking.

Taking. (a) If the whole of the Premises is taken, either permanently or temporarily, by eminent domain or condemnation, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all or Base Rent, Additional Rent, and other payments up to that date. If any part of the Leased Premises is proposed permanently taken, or if access to be taken as the by Tenant is, by virtue of a result of any action or proceeding in taking, permanently denied, by eminent domain or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectivelycondemnation, a “Taking”), then Landlord shall provide or Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right (to participate be exercised by written notice to the other within sixty (60) days after receipt of notice of said taking) to terminate this Lease from the date when possession is taken thereunder pursuant to such proceeding or purchase. If neither party elects to terminate this Lease, as aforesaid, then Landlord shall within a reasonable time after title vests in the condemning authority, repair and restore, at Landlord’s expense, the portion not taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use is taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in Tenant’s reasonable discretion)proportion to the portion of the Premises taken. If there is a temporary taking involving the Premises or Building, if a taking of other portions of the Building or Common Areas does not deny Tenant access to the Building and Premises, then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage and, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedingsterminate, and Landlord shall repair and restore, at its own expense, the portion not enter taken so as to render same into an architectural whole to the fullest extent reasonably possible, and, if any binding settlement agreement without portion of the prior written consent Premises was taken, thereafter the Base Rent shall be reduced (on a per square foot basis) in proportion to the portion of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedthe Premises taken.

Taking. If (ai) If all or part the entire Premises; (ii) so much of the Leased Premises is proposed to as renders the balance unusable by Tenant; or (iii) so much of the Building apart from the Premises as renders the Premises unusable by Tenant, shall be taken as a result of any action or proceeding in eminent domain or is proposed to be transferred by condemnation, sale in lieu of condemnation to or in any authority entitled to exercise the power of eminent domain other manner for any public or quasi-public purpose (collectively, a “Taking”collectively "Condemnation"), Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right to participate in any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (in Tenant’s reasonable discretion), then this Lease shall terminate upon such vesting of on the date that title or taking possession to the Premises is taken by the condemning authority, whichever is earlier (the "Date of possession. (b) All payments made on account Taking"). If a material portion of any Taking by eminent domain the Project other than the Premises shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or taken by Condemnation which does not automatically terminate this Lease pursuant to the Leasehold Mortgagee foregoing sentence, Landlord shall have the right, exercisable by written notice to Tenant delivered by the thirtieth (30th) day after the Date of Taking, to terminate this Lease. If a portion of the Premises shall be taken by Condemnation which does not automatically terminate this Lease pursuant to the first sentence of this Section 10.1. this Lease shall automatically terminate as to such portion of the Premises taken, if any, on the Date of Taking, Rent payable hereunder that is computed based on the area of the Premises shall be adjusted in proportion to the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage andof space taken, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no the right, title or interest in or exercisable by written notice to any separate award made therefor. Tenant shall have delivered within thirty (30) days after the right Date of Taking, to participate in any settlement proceedings, and Landlord shall not enter into any binding settlement agreement without terminate this Lease as to the prior written consent remainder of Tenant, which consent shall not be unreasonably withheld, conditioned or delayedthe Premises.

Taking. (a) If all or part the whole of the Leased Premises is proposed to be taken as a result of any action taken, either permanently or proceeding in temporarily, by eminent domain or is proposed condemnation, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all Base Rent, Additional Rent, and other payments up to that date. For purposes of this Lease, any temporary taking which exceeds one hundred eighty (180) consecutive days shall be deemed to be transferred in lieu a permanent taking. If fifteen percent (15%) or more of condemnation to any authority entitled to exercise the power of Premises is permanently taken by eminent domain or condemnation, or if all access to the Premises is, by virtue of a taking by eminent domain or condemnation, denied for a period in excess of one hundred eighty (collectively180) consecutive days and substitute access reasonably acceptable to Tenant is not available prior to the end of such period, a “Taking”), Landlord shall provide then Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee shall have the right (to participate in be exercised by written notice to Landlord within sixty (60) days after receipt of notice of said taking or at any such meetings and proceedings. Should title or possession of all time after the expiration of the Leased Premises be taken 180-day period in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domainwhich access is denied, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (as applicable, but in Tenant’s reasonable discretion), then no event after any temporary taking ends) to terminate this Lease shall terminate upon from the date when possession was taken thereunder pursuant to such vesting of title proceeding or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage andpurchase. In addition, thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate terminate this Lease by written notice to Landlord if, as a result of any condemnation or other similar action (i) an amount of the parking spaces in the Parking Facilities are permanently taken, such that the remaining parking available to Tenant and Tenant’s agents therein (including, in the case of a temporary taking only, any settlement proceedingsparking that may be made available through means of stacking, valet parking and other reasonable substitute parking, which may include off-site parking with a shuttle bus service operated by Landlord for the benefit of Tenant) is less than ninety (90%) of the Parking Allocation granted to Tenant herein, or (ii) access to the Premises from a public right of way to the internal roads of the Project is denied for a period in excess of one hundred eighty (180) consecutive days and substitute access reasonably acceptable to Tenant is not available prior to the end of such period. Tenant agrees that reasonable substitute access will be deemed to exist if a detour involving a different route from any public right of way to the Premises is made available during any period where roadwork of a non-permanent nature is being performed by any applicable governmental or quasi-governmental authority. Landlord and Tenant further agree that the widening or reconfiguration of K▇▇▇▇▇▇ Road or any other road providing access to the Premises, if any, shall not constitute a taking. If Tenant does not elect to terminate this Lease, as aforesaid, then Landlord shall, within a reasonable time after title vests in the condemning authority, repair and restore, at Landlord’s expense, the portion not taken so as to render same into an architectural whole, and, if any portion of the Premises is taken, thereafter the Rent shall be reduced (on a per square foot basis) in proportion to the portion of the Premises taken. If there is a temporary taking involving the Premises or Buildings, if a taking of other portions of the Buildings or Common Areas does not deny Tenant access to the Buildings and Premises, or permanently reduce parking in the amount described above, or if less than fifteen percent (15%) of the Premises is permanently taken by eminent domain or condemnation, then this Lease shall not terminate, and Landlord shall repair and restore, at its own expense, the portion not enter taken so as to render same into an architectural whole, and, if any binding settlement agreement without portion of the prior written consent Premises was taken, albeit even temporarily, the Rent shall thereafter be reduced (on a per square foot basis) in proportion to the portion of Tenant, which consent shall the Premises taken but solely for the period of the taking if the same is not be unreasonably withheld, conditioned or delayedpermanent.

Taking. Taking" shall mean and refer to the acquisition or taking of property (or any right, title or interest therein) by any governmental or quasi-governmental authority acting under power of condemnation or eminent domain, and shall encompass contested as well as uncontested takings as long as initiated by the applicable governmental or quasi-governmental authority. If the whole of the Premises is temporarily or permanently taken, by virtue of a Taking, this Lease shall automatically terminate as of the date title vests in the condemning authority, and Tenant shall pay all Rent, additional rent, and other payments up to that date. If (a) If all twenty percent (20%) or part more of the Leased Premises is proposed permanently taken by virtue of a Taking, or (b) in the case of a Taking of less than twenty percent (20%) of the Premises, Tenant is unable to be taken make reasonable use of the balance of the Premises remaining after the Taking, as determined by Tenant in its reasonable, good faith discretion, or (c) access to the Building or Premises by Tenant is, by virtue of a result Taking, permanently denied, or (d) the parking ratio for the Building is, by virtue of a Taking of any action or proceeding in eminent domain or is proposed parking areas serving the Building, permanently reduced to be transferred a ratio which fails to meet applicable code requirements after taking into account any portion of the Building taken and any reasonable substitute parking provided by Landlord in lieu of condemnation the parking areas so taken, then Landlord and Tenant shall each have the right (to any authority entitled be exercised by written notice to exercise the power other within sixty (60) days after receipt of eminent domain (collectively, a “Taking”), Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related said taking) to terminate this Lease from the date when possession of the applicable portion of the Property is taken thereunder pursuant to such Taking. If neither party elects to terminate this Lease, as aforesaid, then Landlord shall diligently, and Leasehold Mortgagee shall have within a reasonable time, after title vests in the right condemning authority, repair and restore, at Landlord's expense, the portion not taken so as to participate in render same into an architectural whole to the fullest extent reasonably possible, and, if any such meetings and proceedings. Should title or possession of all of the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s is taken, thereafter the Rent shall be reduced (on a per square foot basis) in proportion to the portion of the Premises taken. If there is a temporary Taking involving the Premises or Building, or if a Taking of other portions of the Building or common areas does not deny Tenant access to the Building and Premises, or if less than twenty percent (20%) of the Premises is permanently taken by a Taking and Tenant is able to make reasonable use (of the balance of the Premises as determined by Tenant in Tenant’s its reasonable good faith discretion), then this Lease shall terminate upon such vesting of title or taking of possession. (b) All payments made on account of any Taking by eminent domain shall be deposited with Leasehold Mortgagee not terminate, and such payments shall first be allocated to either restore the Leased Premises in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee in the amount equal to the outstanding indebtedness secured by the Leasehold Mortgage andLandlord shall, as soon as reasonably practicable thereafter, such payments shall be made to the Parties in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill repair and any other improvements or fixtures thereon or therein shall be allocated exclusively to Tenant), and Tenantrestore, at its sole discretionown expense, the portion not taken so as to render same into an architectural whole to the fullest extent reasonably possible. If any portion of the Premises was permanently taken, then the Rent shall be entitled seek reduced (on a separate award for any damages allowable by lawper square foot basis) in proportion to the portion of the Premises taken, including those damages for (a) commencing on the removal and relocation Tenant’s business, (b) date Tenant is deprived of the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of such portion of the Leased Premises. If any portion of the Premises by Tenant; and was temporarily taken, then the Rent shall be reduced (on a per square foot basis) in proportion to the portion of the Premises taken for the period of such temporary taking, that is, from the date upon which Tenant is deprived of the use of such portion of the Premises until the date Tenant is restored to the use of such portion of the Premises. If any portion of the parking is taken, but not so as to provide a right of termination, Landlord shall have no rightuse reasonable efforts to try and locate or provide alternative parking within reasonable proximity to the Building, title or interest in or to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedings, and provided Landlord shall not enter into any binding settlement agreement without the prior written consent be required to expend an amount in excess of Tenant, which consent shall not be unreasonably withheld, conditioned or delayed$15,000 in order to satisfy such obligation.

Taking. (a) If an Event of Taking (other than a Minor Loss) shall have occurred, or the Borrower shall have received written notice from the relevant Governmental Authority having jurisdiction that an Event of Taking (other than a Minor Loss) will occur, the Borrower (i) shall diligently pursue all its rights to compensation against the condemning authority in respect of such Event of Taking and (ii) so long as no Default (other than a Default caused by such Event of Taking) or part Event of Default shall have occurred and be continuing, may, with the written consent of the Leased Premises is proposed Administrative Agent, compromise or settle any claim against the condemning authority. The right to be taken as compromise or settle any claim against the condemning authority (if a result Default or Event of any action or proceeding in eminent domain or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectively, a “Taking”), Landlord shall provide Tenant with reasonable advance notice of any and all impending proceedings or meetings related to such Taking, and Leasehold Mortgagee Default shall have occurred and be continuing) is hereby assigned to the Administrative Agent and the right to collect all amounts and proceeds (including instruments) payable in respect of an Event of Taking ("Condemnation Proceeds") is hereby assigned to the Collateral Agent, in each case as Collateral for the Obligations, for the benefit of the Secured Parties and the Borrower as set forth in this Agreement. All Condemnation Proceeds (other than for a Minor Loss) shall be paid to the Collateral Agent and the Administrative Agent shall direct the Collateral Agent to (after deducting all reasonable expenses incurred by the Administrative Agent, the Collateral Agent, and the Borrower in litigating, arbitrating, compromising, or settling any claims against the condemning authority) hold such Condemnation Proceeds as security for the Obligations and apply the same in accordance with the provisions of this Section 5.18. The Administrative Agent may participate in any proceedings relating to any such meetings Event of Taking and proceedingsthe Borrower shall from time to time deliver to the Administrative Agent all instruments requested by either of them to permit such participation. Should title or possession of all of All Condemnation Proceeds with respect to any Minor Loss shall be paid directly to the Leased Premises be taken in condemnation proceedings by a Governmental Entity or private party under the exercise of the right of eminent domain, or should a partial Taking render the remaining portion of the Leased Premises unsuitable for Tenant’s use (in Tenant’s reasonable discretion), then this Lease shall terminate upon such vesting of title or taking of possessionBorrower. (b) All payments made on account In the case of any an Event of Taking by eminent domain (other than for a Minor Loss), all Condemnation Proceeds shall be deposited with Leasehold Mortgagee and such payments shall first be allocated applied to either restore pay or reimburse the Leased Premises Borrower for the cost of Restoration in accordance with the Leasehold Mortgagee’s loan documents or to the Leasehold Mortgagee same procedures as provided in the amount equal UBOC Account Control Agreement with respect to Insurance Proceeds or, if the outstanding indebtedness secured by Borrower is not permitted to Restore the Leasehold Mortgage and, thereafterPipeline pursuant to Section 5.17, such payments Condemnation Proceeds shall be made to the Parties applied in accordance with their respective interests hereunder (and, for avoidance of doubt, any allocation to the Leased Premises, the Rolling Mill and any other improvements or fixtures thereon or therein shall be allocated exclusively to TenantSection 2.10(b), and Tenant, at its sole discretion, shall be entitled seek a separate award for any damages allowable by law, including those damages for (a) the removal and relocation Tenant’s business, (b) the loss or damage to any property that Tenant elects or is required not to remove, and (c) the loss of use of the Leased Premises by Tenant; and Landlord shall have no right, title or interest in or to any separate award made therefor. Tenant shall have the right to participate in any settlement proceedings, and Landlord shall not enter into any binding settlement agreement without the prior written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayed.