Common use of TOTAL OR PARTIAL TAKING Clause in Contracts

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures

TOTAL OR PARTIAL TAKING. If the Building containing the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Building containing the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures.

TOTAL OR PARTIAL TAKING. If the Premises are totally is taken in its entirety by Condemnationcondemnation, this Lease shall terminate on the Date date of Taking. If any portion of the Premises is taken by Condemnationcondemnation, this Lease shall remain in effect, except that Tenant can may elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's ’s continued use of the PremisesPremises as reasonably determined by Xxxxxx and Landlord. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 20 days after the nature and extent receipt of notice of the Condemnation have been finally determinedTaking from Landlord. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date date of Taking if the Date date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation condemnation and this Lease remains in full force and effect, on the Date date of Taking taking the Base Rent rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part portion of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for In the taking of all or any part case where a portion of the Premises under is taken and this Lease remains in full force and effect, Landlord shall, at its own cost and expense, to the power extent of eminent domain condemnation proceeds, make all alterations or any payment made under threat repairs to the Building so as to make the portion of the exercise Building not taken a complete architectural unit. Such work shall not, however, exceed the scope of work done by Xxxxxxxx in originally constructing the Building. If severance damages from the condemnor are not available to Landlord in sufficient amounts to permit such power restoration; Landlord may terminate this Lease upon written notice to Tenant. Rent due and payable hereunder shall be temporarily abated during such restoration period in proportion to the property of Landlord, whether such Award shall be made as compensation for diminution in value extent to which there is substantial interference with Xxxxxx’s use of the leasehold Premises, as reasonably determined by Landlord or for Landlord’s architect. Each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure and any present or future law allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the feeBuilding or Premises. If the Premises are totally or partially taken by condemnation, Tenant shall not assert any claim against Landlord or as severance damagesthe condemnor for any compensation because of such Taking, and Landlord shall be entitled to receive the entire amount of the award without any deduction for any estate or interest of Tenant; provided, however, that Tenant shall be entitled shall, so long as the same does not work to reduce Landlord’s award, have the right to file any compensation separately awarded claim available to Tenant under applicable law for any taking of any leasehold improvements paid for by Tenant (which may include any improvements paid for from any allowance provided by Landlord) and of any trade fixtures and personal property of Tenant, for interruption in Tenant’s business, for Tenant's ’s good will and/or for moving and relocation expenses and/or loss expenses, fees of Tenant's trade fixturesconsultants, brokers, attorneys and other professionals incurred by Tenant in connection with moving to another location.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any all or a material portion of the Premises is taken by Condemnationany lawful authority by exercise of the right of eminent domain, this Lease shall remain or sold to prevent a taking, or if a taking or sale in effectlieu thereof occurs which substantially interferes with Tenant’s use and occupancy of the Premises, except that either Tenant can elect to or Landlord may terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature other party prior to the date possession is required to be surrendered to the authority and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord effective as of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord such surrender of its election possession. In the event title to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken or sold in lieu of taking, and if Landlord elects to restore the Premises in such a way as to alter the Premises in a manner which materially interferes with Tenant’s use and occupancy of the Premises, Tenant may terminate this Lease, by Condemnation and written notice to Landlord, effective on the date of vesting of title. In the event neither party has elected to terminate this Lease remains in full force as provided above, then Landlord shall promptly proceed to restore the Premises to substantially its condition prior to the taking (at Landlord’s sole cost and effectexpense), on the Date but excluding any Alterations made by Tenant, and a proportionate abatement of Taking the Base Rent rent shall be reduced by an amount in made to Tenant for the same ratio as rent corresponding to the total number of square feet in time during which, and to the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part which, Tenant is deprived on account of the Premises immediately before taking and restoration. In the Date event of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlorda taking, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant Landlord shall be entitled to the entire amount of the condemnation award without deduction for any compensation separately awarded estate or interest of Tenant; provided that nothing in this Section 12.1 shall be deemed to give Landlord any interest in, or prevent Tenant from seeking any award against the taking authority for, the taking of personal property and trade fixtures belonging to Tenant or for Tenant's relocation or business interruption expenses and/or loss of Tenant's trade fixturesrecoverable from the taking authority, or for any other claim for which Tenant is entitled to compensation by the taking authority under Applicable Law.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if in Tenant's reasonable judgment the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 30 days after the nature and extent of the Condemnation taking have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's ’s continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's ’s relocation expenses and/or loss of Tenant's ’s trade fixtures.

TOTAL OR PARTIAL TAKING. If In case any of the Building One, or such part of the Premises are totally as shall materially and substantially interfere with Tenant’s ability to conduct its business upon the Premises, shall be taken for any public or quasi-public purpose by Condemnationany lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Tenant shall terminate on not assert any claim against Landlord for any compensation because of such taking, and Landlord shall be entitled to receive the Date entire amount of Taking. If any award without deduction for any estate or interest of Tenant; provided, however, in the event of such a taking, Tenant shall be entitled to pursue a separate award for losses incurred by Tenant, including such portion of the Premises is taken by Condemnationaward as shall be attributable to goodwill and for damage to, or the cost of removal of, Tenant’s personal property and the value of Tenant’s leasehold estate. In the event this Lease is not terminated following a taking, Landlord shall remain in effectbe entitled to the entire amount of the award without deduction for any estate or interest of Tenant, except that Landlord shall restore the Premises to substantially their same condition prior to such partial taking to the extent of any award proceeds received by Landlord, and a fair and equitable abatement shall be made to Tenant can for the Monthly Base Rent corresponding to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration. If the award proceeds from the taking are insufficient to restore the Premises as required by the preceding sentence and Landlord does not provide its own funds to so restore the Premises, and if as a result thereof Tenant’s ability to use the Premises as contemplated by this Lease is materially and substantially impaired, then Tenant may elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving Landlord written notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damagesthereof; provided, however, Landlord may rescind such termination by giving Tenant written notice within ten (10) business days following Landlord’s receipt of such termination notice from Tenant that Tenant shall be entitled Landlord will provide the necessary funds to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixturesso restore the Premises.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's ’s continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(sbuilding (s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's ’s relocation expenses and/or loss of Tenant's ’s trade fixtures.

TOTAL OR PARTIAL TAKING. If the Premises are totally is taken in its entirety by Condemnationcondemnation, this Lease shall terminate on the Date date of Taking. If any portion of the Premises is taken by Condemnationcondemnation, this Lease shall remain in effect, except that Tenant can may elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's ’s continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 20 days after the nature and extent receipt of notice of the Condemnation have been finally determinedTaking from Landlord. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date date of Taking if the Date date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation condemnation and this Lease remains in full force and effect, on the Date date of Taking taking the Base Rent rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part portion of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for In the taking of all or any part case where a portion of the Premises under is taken and the power Lease remains in full force and effect, Landlord shall, at its own cost and expense, to the extent of eminent domain condemnation proceeds, make all alterations or any payment made under threat repairs to the Building so as to make the portion of the exercise Building not taken a complete architectural unit. Such work shall not, however, exceed the scope of work done by Landlord in originally constructing the Building. If severance damages from the condemnor are not available to Landlord in sufficient amounts to permit such power restoration, Landlord may terminate this Lease upon written notice to Tenant. Rent due and payable hereunder shall be temporarily abated during such restoration period in proportion to the property of Landlord, whether such Award shall be made as compensation for diminution in value extent to which there is substantial interference with Tenant’s use of the leasehold Premises, as reasonably determined by Tenant and Landlord. Each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure and any present or for future law allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the feeBuilding or Premises. If the Premises are totally or partially taken by condemnation, Tenant shall not assert any claim against Landlord or as severance damagesthe condemnor for any compensation because of such Taking, and Landlord shall be entitled to receive the entire amount of the award without any deduction for any estate or interest of Tenant; provided, however, that Tenant shall be entitled shall, so long as the same does not work to reduce Landlord’s award, have the right to file any compensation separately awarded claim available to Tenant under applicable law for Tenant's relocation expenses and/or loss any taking of any leasehold improvements paid for by Tenant (which may include any improvements paid for from any allowance provided by Landlord) and of any trade fixtures and personal property of Tenant's trade fixtures, for interruption in Tenant’s business, and/or for moving and relocation expenses, fees of consultants, brokers, attorneys and other professionals incurred by Tenant in connection with moving to another location.

TOTAL OR PARTIAL TAKING. If In case all of the Premises are totally Premises, or such part thereof as shall materially and substantially interfere with Tenant's ability to conduct its business upon the Premises, shall be taken for any public or quasi-public purpose by Condemnationany lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Tenant shall terminate on not assert any claim against Landlord or the Date taking authority for any compensation because of Taking. If such taking, and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant; provided, however, in the event of such a taking, Tenant shall be entitled to such portion of the award as shall be attributable to the loss of the unamortized cost of the improvements to the Premises is made and paid for by Tenant pursuant to EXHIBIT "C" (such amortization being the same as that used by Tenant for federal income tax purposes), goodwill and for damage to, or the cost of removal of, Tenant's personal property. In the event the amount of property or the type of estate taken shall not materially and substantially interfere with the ability of Tenant to conduct its business upon the Premises, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant, Landlord shall restore the Premises to substantially their same condition prior to such partial taking to the extent of any award proceeds received by CondemnationLandlord, and a fair and equitable abatement shall be made to Tenant for the Annual Rent corresponding to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration. If the award proceeds from the taking are insufficient to restore the Premises as required by the preceding sentence and Landlord does not provide its own funds to so restore the Premises, and if as a result thereof Tenant's ability to use the Premises as contemplated by this Lease shall remain in effectis materially and substantially impaired, except that then Tenant can may elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving Landlord written notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damagesthereof; provided, however, Landlord may rescind such termination by giving Tenant written notice within ten (10) business days following Landlord's receipt of such termination notice from Tenant that Tenant Landlord will provide the necessary funds to so restore the Premises. Notwithstanding anything above to the contrary, if any part of the Project shall be entitled to any compensation separately awarded taken (whether or not such taking substantially interferes with Tenant's use of the Premises), Landlord may terminate this Lease upon thirty (30) days' prior written notice to Tenant as long as Landlord also terminates leases of all other tenants leasing comparably sized space within the Project for Tenant's relocation expenses and/or loss of Tenant's trade fixturescomparable lease terms.

TOTAL OR PARTIAL TAKING. If the Building containing the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Building containing the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio ratio. as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures.

TOTAL OR PARTIAL TAKING. If the Buildings containing the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Buildings containing the Premises is 20 taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking, provided, however, that if the Condemnation materially affects Tenant's access to the Parking and materially reduces its parking rights, an additional reduction in Base Rent shall be reasonably allocated by Landlord. Any Award for the taking Condemnation of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnationcondemnation, this Lease shall terminate on the Date date of Takingtaking. If any portion of the Premises is taken by Condemnationcondemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 30 days after the nature and extent of the Condemnation taking have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord landlord of its election to terminate; except that this Lease shall terminate on the Date date of Taking taking if the Date date of Taking taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation condemnation and this Lease remains in full force and effect, on the Date date of Taking taking the Base Rent rent shall be reduced by an amount in the same ratio as the total number of rentable square feet in the building(s) which are a part portion of the Premises taken bears to the total number of rentable square feet in the building(s) which are a part of the Premises immediately before the Date date of Takingtaking. Any Award for In the taking of all or any part case where a portion of the Premises under is taken and the power of eminent domain Lease remains in full force and effect. Landlord shall, at its own cost and expense, make all alterations or any payment made under threat repairs to the Premises so as to make the portion of the exercise Premises not taken a complete architectural unit. Such work shall not, however, exceed the scope of work done by Landlord in originally constructing the Premises. If any portion of the Building other than the Premises is taken and in Landlord's reasonable opinion the Building should be restored in a manner that materially alters the Premises, or if severance damages from the condemning authority are not available to Landlord in sufficient amounts to permit such power restoration, Landlord may terminate this Lease upon written notice to Tenant. Basic Monthly Rent due and payable hereunder shall be temporarily abated during such restoration period in proportion to the property of Landlord, whether such Award shall be made as compensation for diminution in value degree to which there is substantial interference with Tenant's use of the leasehold Premises, as reasonably determined by Landlord or for Landlord's architect. Each party hereby waives the provisions of Section 1265.130 of the California Code of Civil procedures and any present or future law allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the feeBuilding or Premises. If the Premises are totally or partially taken by condemnation, Tenant shall not asset any claim against Landlord or as severance damages; providedthe taking authority for any compensation because of such taking, however, that Tenant and Landlord shall be entitled to receive the entire amount of the award without any compensation separately awarded to Tenant deduction for Tenant's relocation expenses and/or loss any estate of interest of Tenant's trade fixtures. NOTWITHSTANDING THE FOREGOING, TENANT MAY MAKE A SEPARATE CLAIM AGAINST THE CONDEMNING AUTHORITY FOR ITS MOVING EXPENSES AND OTHER CLAIMS TYPICALLY ALLOWED OF TENANTS IN SIMILAR SITUATIONS.

TOTAL OR PARTIAL TAKING. If during the term of the Lease there is any taking of all or any Part of the Premises or the Project, the rights and obligations of the parties shall be determined pursuant to this Lease. If the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Premises is taken by Condemnation, this Lease shall terminate as to the part so taken as of the Date of Taking, but shall in all other respects remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's ’s continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 30 days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated designed by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Monthly Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures.

TOTAL OR PARTIAL TAKING. If the Building containing the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Building containing the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's ’s continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's ’s relocation expenses and/or loss of Tenant's ’s trade fixtures.

TOTAL OR PARTIAL TAKING. If between ninety percent (90%) and one hundred percent (100%) of the Premises are totally is taken in its entirety by Condemnationcondemnation, this Lease shall terminate on the Date date of Taking. If any a portion of the Premises comprised of less than ninety percent (90%) is taken by Condemnationcondemnation, this Lease shall remain in effect, except that Tenant can may elect to terminate this Lease if the remaining portion of the Premises is rendered by Tenant, in Tenant's reasonable discretion, unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent receipt of notice of the Condemnation have been finally determinedTaking from Landlord. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminateterminate no later than the date of Taking; except that this Lease shall terminate on the Date date of Taking if the Date date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation condemnation and this Lease remains in full force and effect, on the Date date of Taking taking the Base Rent rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part portion of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for In the taking of all or any part case where a portion of the Premises under is taken and the power Lease remains in full force and effect, Landlord shall, at its own cost and expense, to the extent of eminent domain condemnation proceeds, make all alterations or any payment made under threat repairs to the Building so as to make the portion of the exercise Building not taken a complete architectural unit. Such work shall not, however, exceed the scope of work done by Landlord in originally constructing the Building. If severance damages from the condemnor are not available to Landlord in sufficient amounts to permit such power restoration, Landlord may terminate this Lease upon written notice to Tenant. Rent due and payable hereunder shall be temporarily abated during such restoration period in proportion to the property of Landlord, whether such Award shall be made as compensation for diminution in value extent to which there is material interference with Tenant's use of the leasehold Premises, as reasonably determined by Landlord or for Landlord's architect. Each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure and any present or future law allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the feeBuilding or Premises. If the Premises are totally or partially taken by condemnation, Tenant shall not assert any claim against Landlord or as severance damagesthe condemnor for any compensation because of such Taking, and Landlord shall be entitled to receive the entire amount of the award without any deduction for any estate or interest of Tenant; provided, however, that Tenant shall be entitled have the right to remove all of its personal property located in or at the Premises, including, but not limited to, fixtures, furnishings, equipment and furniture, or file a separate claim with the Condemnor to receive compensation for any compensation separately awarded such items not available for removal due to Tenant for Tenantthe Taking (but only so long as Landlord's relocation expenses and/or loss of Tenant's trade fixturesaward is not materially reduced as a result thereof).

TOTAL OR PARTIAL TAKING. If In the Premises are totally taken by Condemnationevent (i) all of the Premises, this Lease shall terminate on the Date of Taking. If any portion or such substantial part of the Premises is or the Project as shall materially, substantially and adversely interfere with Tenant's ability to conduct its business upon the Premises, shall be taken for any public or quasi-public purpose by Condemnationany lawful power or authority by exercise of the right of appropriation, this Lease condemnation or eminent domain, or sold in lieu of or to prevent such taking, or (ii) so much of the Common Parking Area shall remain be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold in effectlieu of or to prevent such taking and, except that after such taking or sale in lieu thereof, Landlord can no longer provide Tenant can elect with Tenant's allocated parking spaces as provided in Section 6.8 above (unless Tenant elects to reduce its parking rights accordingly), either party shall have the right to terminate this Lease if by providing the remaining portion of the Premises is rendered unsuitable for other party (and, with respect to a termination by Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving any Mortgagee or Ground Lessor) written notice to Landlord thereof within thirty (30) days after the nature and extent of such party's receipt of a notice of such taking. Such termination shall be effective as of the Condemnation have been finally determineddate possession is required to be surrendered to said authority. If Said termination of this Lease shall not release Landlord or Tenant elects to terminate from any obligations or liabilities of such party under this Lease, actual or contingent, which have accrued on or prior to said termination. Tenant shall also notify not assert any claim against Landlord or the taking authority for any compensation because of the date of terminationsuch taking, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified and Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an entitled to receive the entire amount in the same ratio as the total number of square feet in the building(s) which are a part any award without deduction for any estate or interest of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damagesTenant; provided, however, that in the event of such a taking, Tenant shall be entitled to such share of the award as is equitably attributable to Tenant Changes and Tenant's Property (if any), and Tenant shall have the right to recover from any condemning authority, through a separate award which does not reduce Landlord's award, any compensation separately as may be awarded to Tenant for Tenant's on account of moving and relocation expenses and/or loss and depreciation to and removal of Tenant's trade fixturesphysical property from the Premises, including, without limitation, any of Tenant's Property.

TOTAL OR PARTIAL TAKING. If the whole of the Premises (provided that if 25% or more of the Premises are totally taken by Condemnationtaken, this Lease shall terminate on Tenant may deem that the Date of Taking. If any portion whole of the Premises is are taken), or such portion thereof as will make the Premises unusable, in Tenant's commercially reasonable judgment, for the purposes leased hereunder, shall be taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises public authority under the power of eminent domain or any payment made sold to public authority under threat or in lieu of such taking, the Term will cease as of the exercise day possession or title is taken by such public authority, whichever is earlier (“Taking Date”), whereupon the Rent and all other charges will be paid up to the Taking Date with a proportionate refund by Landlord of any Rent and all other charges paid for a period subsequent to the Taking Date. If less than the whole of the Premises, or less than such power portion thereof as will make the Premises unusable as of the Taking Date, is taken, Base Rent and other charges payable to Landlord will be reduced in proportion to the amount of the Premises taken. If this Lease is not terminated, Landlord will repair any damage to the Premises caused by the taking to the extent necessary to make the Premises reasonably tenantable within the limitations of the available compensation awarded for the taking (exclusive of any amount awarded for land). Notwithstanding the foregoing to the contrary, if the whole of the Premises are taken, Landlord will have the right, at its option, to relocate Tenant into other space within the Building or the Property comparable to the Premises (the "New Premises") and, in such event, the Term will not cease as provided above. Upon such relocation, the New Premises will be deemed the Premises and the prior space originally demised (the "Old Premises") will in all respects be released from the effect of this Lease. If Landlord elects to relocate Tenant as above described, (i) the New Premises will contain approximately the same as, or greater rental area than the Old Premises, (ii) Landlord will improve the New Premises, at Landlord's cost (other than the cost of stock, trade fixtures, furniture, and other personal property belonging to Tenant which shall be the property responsibility of LandlordTenant), whether such Award shall be made as compensation for diminution in value to at least the standards of the leasehold or Old Premises, (iii) Base Rent, Tenant's Share of Operating Expenses, and all other charges hereunder will be adjusted for variation in the taking square footage of the feerental area of the New Premises, or and (iv) all other terms of this Lease will apply to the New Premises, except as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixturesotherwise provided herein.

TOTAL OR PARTIAL TAKING. If In case any of the Buildings, or such part of the Premises are totally as shall materially and substantially interfere with Tenant’s ability to conduct its business upon the Premises, shall be taken for any public or quasi-public purpose by Condemnationany lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Tenant shall terminate on not assert any claim against Landlord for any compensation because of such taking, and Landlord shall be entitled to receive the Date entire amount of Taking. If any award without deduction for any estate or interest of Tenant; provided, however, in the event of such a taking, Tenant shall be entitled to pursue a separate award for losses incurred by Tenant, including such portion of the Premises is taken by Condemnationaward as shall be attributable to goodwill and for damage to, or the cost of removal of, Tenant’s personal property and the value of Tenant’s leasehold estate. In the event this Lease is not terminated following a taking, Landlord shall remain in effectbe entitled to the entire amount of the award without deduction for any estate or interest of Tenant, except that Landlord shall restore the Premises to substantially their same condition prior to such partial taking to the extent of any award proceeds received by Landlord, and a fair and equitable abatement shall be made to Tenant can for the Monthly Base Rent corresponding to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration. If the award proceeds from the taking are insufficient to restore the Premises as required by the preceding sentence and Landlord does not provide its own funds to so restore the Premises, and if as a result thereof Tenant’s ability to use the Premises as contemplated by this Lease is materially and substantially impaired, then Tenant may elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving Landlord written notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damagesthereof; provided, however, Landlord may rescind such termination by giving Tenant written notice within ten (10) business days following Landlord’s receipt of such termination notice from Tenant that Tenant shall be entitled Landlord will provide the necessary funds to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixturesso restore the Premises.

TOTAL OR PARTIAL TAKING. If the whole or substantially the whole of the Building or the parking facilities reasonably necessary for Tenant’s full enjoyment of the Premises is taken for any public or quasi-public use under any governmental law, ordinance or regulation or by right of eminent domain or is sold to the condemning authority in lieu of condemnation, then this Lease will terminate as of the earlier of the date when title to or physical possession of the Building or the parking facilities are totally taken by Condemnationthe condemning authority. If less than substantially the whole of the Building or the parking facilities are thus taken or sold and if, after such partial taking, in Landlord’s reasonable judgment, alteration or reconstruction of the Building or the parking facilities, as the case may be, is not economically justified, Landlord may terminate this Lease by giving written notice to Tenant within sixty (60) days after the taking or sale. Similarly, Tenant shall have the right to terminate this Lease if a substantial portion of the Building or the parking facilities is taken by exercise of the power of eminent domain and the remaining portion of the Building or the parking facilities, as the case may be, is not reasonably suitable for Tenant to continue its operations at the Premises in an economically viable fashion because of such partial taking or sale. Such termination by Tenant must be exercised by written notice to Landlord given not later than sixty (60) days after Tenant is notified of the taking or sale in the final form awarded or agreed to by Landlord. Termination by Landlord or Tenant shall be effective as of the date of such taking. If neither Landlord nor Tenant elects to terminate this Lease upon a partial taking or sale of a portion of the Premises, the Monthly Base Rent payable under this Lease will be diminished in the proportions of the usefulness of the Premises for the conduct of Tenant’s business. If this Lease is not terminated upon a partial taking or sale, this Lease shall terminate on as to the Date of Taking. If any portion of the Premises is so taken by Condemnation, this Lease as of the date of such taking and shall remain in effect, except that Tenant can elect full force and effect as to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of not so taken, and the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant Monthly Base Rent shall also notify Landlord be equitably reduced as of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixturestaking.

TOTAL OR PARTIAL TAKING. If during the term of the Lease there is any taking of all or any part of the Premises, Phase or the Project, the rights and obligations of the parties shall be determined pursuant to this Lease. If the Premises are arc totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Premises or Phase is taken by Condemnation, this Lease shall terminate as to the part so taken as of the Date of Taking, but shall in all other respects remain in effect, except that Tenant can elect to terminate this Lease if the lithe remaining portion of the Premises or Phase is rendered unsuitable to any material extent for Tenant's continued ’s intended use of the PremisesPremises or Phase. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 30 days after the nature and extent of the Condemnation have been finally determinedfilially determined and written notice thereof is provided to Tenant. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated designed by TenantXxxxxx. If any portion of of’ the Premises or Phase is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Monthly Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises and/or Phase taken bears to the total number of square feet in the building(s) which are a part of the Premises and/or Phase, as applicable, immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures.

TOTAL OR PARTIAL TAKING. If the Premises are Business Park is totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Premises Business Park is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's ’s continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's ’s relocation expenses and/or loss of Tenant's ’s trade fixtures.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnationcondemnation, this Lease shall terminate on the Date date of Takingtaking. If any portion of the Premises is taken by Condemnationcondemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 30 days after the nature and extent of the Condemnation taking have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date date of Taking taking if the Date date of Taking taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation condemnation and this Lease remains in full force and effect, on the Date date of Taking taking the Base Rent rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date date of Takingtaking. Any Award for Tenant will not because of such taking assert any claim against the Landlord or the taking of all or authority for any part of the Premises under the power of eminent domain or any payment made under threat of the exercise compensation because of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall and Landlord will be entitled to receive the entire amount of any compensation separately awarded to Tenant or award without deduction for Tenant's relocation expenses and/or loss any estate of interest of Tenant, unless Landlord would not be entitled to such award and such award or part thereof does not diminish Landlord's trade fixturesaward.

TOTAL OR PARTIAL TAKING. If the Building containing the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Building containing the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures.

TOTAL OR PARTIAL TAKING. If In case all of the Premises are totally Premises, or such part thereof as shall materially and substantially interfere with Tenant’s ability to conduct its business upon the Premises, shall be taken for any public or quasi-public purpose by Condemnationany lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority Tenant shall terminate on not assert any claim against Landlord or the Date taking authority for any compensation because of Taking. If such taking, and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant, provided, however, in the event of such a taking, Tenant shall be entitled to such portion of the award as shall be attributable to the loss of the unamortized cost of the Improvements to the Premises is made and paid for by Tenant pursuant to Exhibit “C” (such amortization being the same as that used by Tenant for federal income tax purposes), goodwill and for damage to, or the cost of removal of, Tenant’s personal property In the event the amount of property or the type of estate taken shall not materially and substantially interfere with the ability of Tenant to conduct its business upon the Promises, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant, Landlord shall restore the Premises to substantially their same condition prior to such partial taking to the extent of any award proceeds received by CondemnationLandlord, and a fair and equitable abatement shall be made to Tenant for the Annual Rent corresponding to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration if the award proceeds from the taking are insufficient to restore the Premises as required by the preceding sentence and Landlord does not provide its own funds to so restore the Premises, and if as a result thereof Tenant’s ability to use the Premises as contemplated by this Lease shall remain in effectis materially and substantially Impaired, except that then Tenant can may elect to terminate this Lease by giving Landlord written notice thereof; provided. however, Landlord may rescind such termination by giving Tenant written notice within ten (10) business days following Landlord’s receipt of such termination notice from Tenant that Landlord will provide the necessary funds to so restore the Premises Notwithstanding anything above to the contrary, if the remaining portion any part of the Premises is rendered unsuitable for Project shall be taken (whether or not such taking substantially Interferes with Tenant's continued ’s use of the Premises. If Tenant elects to ), Landlord may terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within Lease upon thirty (30) days after the nature and extent of the Condemnation have been finally determined. If days’ prior written notice to Tenant elects to terminate this Lease, Tenant shall as long as Landlord also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking terminates leases of all or any part of other tenants leasing comparably sized space within the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation Project for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixturescomparable lease terms

TOTAL OR PARTIAL TAKING. Notwithstanding anything to the contrary contained in this Agreement, this Section 5 shall apply in the event of a Condemnation of the Ag Lot. If the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion whole of the Premises Ag Lot is taken by Condemnation, this Lease Agreement shall terminate on the date of taking and the Licensee shall be entitled to the Condemnation proceeds for the Ag Lot; provided, that the 99-Year Fee shall be deemed earned in full by Licensor. If only a portion of the Ag Lot is taken by Condemnation, this Agreement shall remain in effect, except that Tenant can Licensee may elect to to: (a) terminate this Lease Agreement if the remaining portion of the Premises Ag Lot is rendered substantially unsuitable for Tenant's Licensee’s continued use of the PremisesAg Lot; or (b) partially terminate this Agreement with regard to any portion of the Ag Lot affected by such Condemnation and, in either case, receive the Prepaid License Fee Refund Amount from Licensor with respect to the Ag Lot (in the event of a full termination) or said portion (in the event of a partial termination). If Tenant Licensee elects to terminate this LeaseAgreement, Tenant Licensee must exercise its right to terminate by giving notice to Landlord Licensor within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant Licensee elects to terminate this LeaseAgreement, Tenant Licensee shall also notify Landlord Licensor of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant Licensee has notified Landlord Licensor of its election to terminate; except that however, this Lease Agreement shall terminate on the Date date of Taking if Condemnation in the Date event that the date of Taking Condemnation falls on a date before the date of termination as designated by TenantLicensee. If any portion of the Premises Ag Lot is taken by Condemnation and this Lease remains Agreement shall remain in full force and effecteffect with respect to the remaining portion of the Ag Lot, on the Date of Taking the Base Rent then this Agreement shall be amended to, among other things, reflect the reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part area of the Premises taken bears Ag Lot and Schedule 1 shall be revised to reflect the new fee in effect as of the date of the Condemnation, which fee will be calculated at a rate of $125,000 per acre with respect to the total number of square feet in the building(s) which are a part remaining portion of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixturesAg Lot.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnationcondemnation, this Lease shall terminate on the Date date of Takingtaking. If any portion of the Premises is taken by Condemnationcondemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If any portion of the parking area is taken by condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the taking renders the Premises unsuitable for Tenant's continued use. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 30 days after the nature and extent of the Condemnation taking have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date date of Taking taking if the Date date of Taking taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation condemnation and this Lease remains in full force and effect, on the Date date of Taking taking the Base Rent rent shall be reduced by an amount in the same ratio as the total number of rentable square feet in the building(s) which are a part portion of the Premises taken bears to the total number of rentable square feet in the building(s) which are a part of the Premises immediately before the Date date of Takingtaking. Any Award for In the taking of all or any part case where a portion of the Premises under is taken and the power of eminent domain Lease remains in full force and effect, Landlord shall, at its own cost and expense, make all alterations or any payment made under threat repairs to the Premises so as to make the portion of the exercise Premises not taken a complete architectural unit. Such work shall not, however, exceed the scope of work done by Landlord in originally constructing the Premises. If any portion of the Building other than the Premises is taken and in Landlord's reasonable opinion the Building should be restored in a manner that materially alters the Premises, or if severance damages from the condemning authority are not available to Landlord in sufficient amounts to permit such power restoration, Landlord may terminate this Lease upon written notice to Tenant. Basic Monthly Rent due and payable hereunder shall be temporarily abated during such restoration period in proportion to the property of Landlord, whether such Award shall be made as compensation for diminution in value degree to which there is material and adverse interference with Tenant's use of the leasehold Premises, as reasonably determined by Landlord or for Landlord's architect. Each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure and any present or future law allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the feeBuilding or Premises. If the Premises are totally or partially taken by condemnation, Tenant shall not assert any claim against Landlord or as severance damages; providedthe taking authority for any compensation because of such taking, however, that and Landlord shall be entitled to receive the entire amount of the award without any deduction for any estate or interest of Tenant. Tenant shall be entitled to any compensation separately awarded make a claim to Tenant the condemning authority for moving expenses, trade fixtures, business interruption and Tenant's relocation expenses and/or loss of unamortized specialized Tenant Improvements, if the specialized Tenant Improvements were paid for directly by Tenant's trade fixtures, and if permitted under California Law.

TOTAL OR PARTIAL TAKING. Notwithstanding anything to the contrary contained in this Agreement, this Section 5 shall apply in the event of a Condemnation of the Ag Lot. If the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion whole of the Premises Ag Lot is taken by Condemnation, this Lease Agreement shall terminate on the date of taking and the Licensee shall be entitled to the Condemnation proceeds for the Ag Lot; provided, that the 99-Year Fee shall be deemed earned in full by Licensor. If only a portion of the Ag Lot is taken by Condemnation, this Agreement shall remain in effect, except that Tenant can Licensee may elect to to: (a) terminate this Lease Agreement if the remaining portion of the Premises Ag Lot is rendered substantially unsuitable for Tenant's Licensee’s continued use of the PremisesAg Lot; or (b) partially terminate this Agreement with regard to any portion of the Ag Lot affected by such Condemnation and, in either case, receive the Prepaid License Fee Refund Amount from Licensor with respect to the Ag Lot (in the event of a full termination) or said portion (in the event of a partial termination). If Tenant Licensee elects to terminate this LeaseAgreement, Tenant Licensee must exercise its right to terminate by giving notice to Landlord Licensor within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant Licensee elects to terminate this LeaseAgreement, Tenant Licensee shall also notify Landlord Licensor of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant Licensee has notified Landlord Licensor of its election to terminate; except that however, this Lease Agreement shall terminate on the Date date of Taking if Condemnation in the Date event that the date of Taking Condemnation falls on a date before the date of termination as designated by TenantLicensee. If any portion of the Premises Ag Lot is taken by Condemnation and this Lease remains Agreement shall remain in full force and effecteffect with respect to the remaining portion of the Ag Lot, on the Date of Taking the Base Rent then this Agreement shall be amended to, among other things, reflect the reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part area of the Premises taken bears Ag Lot and Schedule 1 shall be revised to reflect the new fee in effect as of the date of the Condemnation, which fee will be calculated at a rate of $130,000 per acre with respect to the total number of square feet in the building(s) which are a part remaining portion of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixturesAg Lot.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnationcondemnation, this Lease shall terminate on the Date date of Takingtaking. If any portion of the Premises is taken by Condemnationcondemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's ’s continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 30 days after the nature and extent of the Condemnation taking have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date date of Taking taking if the Date date of Taking taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation condemnation and this Lease remains in full force and effect, on the Date date of Taking taking the Base Rent rent shall be reduced by an amount in the same ratio as the total number of rentable square feet in the building(s) which are a part portion of the Premises taken bears to the total number of rentable square feet in the building(s) which are a part of the Premises immediately before the Date date of Takingtaking. Any Award for In the taking of all or any part case where a portion of the Premises under is taken and the power of eminent domain Lease remains in full force and effect, Landlord shall, at its own cost and expense, make all alterations or any payment made under threat repairs to the Premises so as to make the portion of the exercise Premises not taken a complete architectural unit. Such work shall not, however, exceed the scope of work done by Landlord in originally constructing the Premises. If any portion of the Building other than the Premises is taken and in Landlord’s reasonable opinion the Building should be restored in a manner that materially alters the Premises, or if severance damages from the condemning authority are not available to Landlord in sufficient amounts to permit such power restoration, Landlord may terminate this Lease upon written notice to Tenant. Basic Monthly Rent due and payable hereunder shall be temporarily abated during such restoration period in proportion to the property of Landlord, whether such Award shall be made as compensation for diminution in value degree to which there is substantial interference with Tenant’s use of the leasehold Premises, as reasonably determined by Landlord or for Landlord’s architect. Each party hereby waives the provisions of Section 1265.130 of the California Code of Civil Procedure and any present or future law allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the feeBuilding or Premises. If the Premises are totally or partially taken by condemnation, Tenant shall not assert any claim against Landlord or as severance damages; providedthe taking authority for any compensation because of such taking, however, that Tenant and Landlord shall be entitled to receive the entire amount of the award without any compensation separately awarded to Tenant deduction for Tenant's relocation expenses and/or loss any estate or interest of Tenant's trade fixtures.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnationcondemnation, this Lease shall terminate on the Date date of Takingtaking. If any portion of the Premises is taken by Condemnationcondemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's ’s continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 30 days after the nature and extent of the Condemnation taking have been finally determined, or within such other time as Landlord is required to respond to the condemning authority. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date date of Taking taking if the Date date of Taking taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation condemnation and this Lease remains in full force and effect, on the Date date of Taking taking the Base Rent rent shall be reduced by an amount in the same ratio as the total number of rentable square feet in the building(s) which are a part portion of the Premises taken bears to the total number of rentable square feet in the building(s) which are a part of the Premises immediately before the Date date of Takingtaking. Any Award for In the taking of all or any part case where a portion of the Premises under is taken and the power of eminent domain Lease remains in full force and effect, Landlord shall, at its own cost and expense, make all alterations or any payment made under threat repairs to the Premises so as to make the portion of the exercise Premises not taken a complete architectural unit. Such work shall not, however, exceed the scope of work done by Landlord in originally constructing the Premises. Any work shall maintain the project as a first class office building. If any portion of the Building other than the Premises is taken and in Landlord’s reasonable opinion the Building should be restored in a manner that materially alters the Premises, or if severance damages from the condemning authority are not available to Landlord in sufficient amounts to permit such power restoration, Landlord may terminate this Lease upon written notice to Tenant. Monthly Basic Rent due and payable hereunder shall be temporarily abated during such restoration period in proportion to the property degree to which there is substantial interference with Xxxxxx’s use of Premises, as reasonably determined by Landlord or Landlord’s architect. Each party hereby waives the provisions of Section 12__, whether such Award shall be made as compensation for diminution in value 130 of the leasehold California Code of Civil Procedures and any present or for future law allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the feeBuilding or Premises. If the Premises are totally or partially taken by condemnation, Tenant shall not assert any claim against Landlord or as severance damages; providedthe taking authority for any compensation because of such taking, howeverexcept moving expenses, that Tenant and Landlord shall be entitled to receive the entire amount of the award without any compensation separately awarded to Tenant deduction for Tenant's relocation expenses and/or loss any estate or interest of Tenant's trade fixtures; in that event, Tenant shall be relieved of its obligations under the Lease.

TOTAL OR PARTIAL TAKING. If during the term of the Lease there is any taking of all or any part of the Premises, Phase or the Project, the rights and obligations of the parties shall be determined pursuant to this Lease. If the Premises are arc totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Premises or Phase is taken by Condemnation, this Lease shall terminate as to the part so taken as of the Date of Taking, but shall in all other respects remain in effect, except that Tenant can elect to terminate this Lease if the lithe remaining portion of the Premises or Phase is rendered unsuitable to any material extent for Tenant's continued ’s intended use of the PremisesPremises or Phase. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 30 days after the nature and extent of the Condemnation have been finally determinedfilially determined and written notice thereof is provided to Tenant. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated designed by Tenant. If any portion of of’ the Premises or Phase is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Monthly Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises and/or Phase taken bears to the total number of square feet in the building(s) which are a part of the Premises and/or Phase, as applicable, immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnationcondemnation, this Lease shall terminate on the Date date of Takingtaking. If any portion of the Premises is taken by Condemnationcondemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) 30 days after the nature and extent of the Condemnation taking have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) 30 days nor later than ninety (90) 90 days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date date of Taking taking if the Date date of Taking taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation condemnation and this Lease remains in full force and effect, on the Date date of Taking taking the Base Rent rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date date of Takingtaking. Any Award for Tenant will not because of such taking assert any claim against the Landlord or the taking of all or authority for any part of the Premises under the power of eminent domain or any payment made under threat of the exercise compensation because of such power shall be the property of Landlordtaking, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall and Landlord will be entitled to receive the entire amount of any compensation separately awarded to Tenant or award without deduction for Tenant's relocation expenses and/or loss any estate of interest of Tenant, unless Landlord would not be entitled to such award and such award or part thereof does not diminish Landlord's trade fixturesaward.

TOTAL OR PARTIAL TAKING. If In case all of the Premises are totally Premises, or such part thereof as shall materially and substantially interfere with Tenant’s ability to conduct its business upon the Premises, shall be taken for any public or quasi-public purpose by Condemnationany lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, Tenant shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Landlord shall terminate on be entitled to receive the Date entire amount of Taking. If any award without deduction for any estate or interest of Tenant; provided, however, in the event of such a taking, Tenant shall be entitled either (i) to such portion of the Premises is taken by Condemnationaward as shall be attributable to goodwill and for damage to, or the cost of removal of, Tenant’s personal property, or (ii) to pursue an award for loss or damage to Tenant’s trade fixtures, removable, personal property. Tenant’s business damages, moving expenses, and any alterations or additions Tenant made to the Premises. In the event this Lease is not terminated following a taking, Landlord shall remain in effectrestore the Premises to substantially their same condition prior to such partial taking to the extent of any award proceeds received by Landlord, except that and a fair and equitable abatement shall be made to Tenant can for the Monthly Rent corresponding to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration. If the award proceeds from the taking are insufficient to restore the Premises as required by the preceding sentence and Landlord does not provide its own funds to so restore the Premises, and if as a result thereof Tenant’s ability to use the Premises as contemplated by this Lease is materially and substantially Impaired, then Tenant may elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving Landlord written notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damagesthereof; provided, however, Landlord may rescind such termination by giving Tenant written notice within ten (10) business days following Landlord’s receipt of such termination notice from Tenant that Landlord will provide the necessary funds to so restore the Premises and the Premises can be restored to such condition as will enable Tenant shall be entitled to any compensation separately awarded to fully occupy and enjoy the Premises for the exercise of the Permitted Use, as determined by Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixturesin its reasonable discretion.

TOTAL OR PARTIAL TAKING. If the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion In case all of the Premises is Premises, or such part thereof which materially or adversely interferes with Xxxxxx's ability to conduct its normal business operations at the Premises, shall be taken for any public or quasi-public purpose by Condemnationany lawful power or authority by exercise of the right of appropriation, this Lease condemnation or eminent domain, or sold to prevent such taking, Tenant shall remain in effect, except that Tenant can elect have the right to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord effective as of the date of termination, which date possession is required to be surrendered to said authority. Tenant shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified assert any claim, against Landlord or the taking authority for any compensation because of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation such taking, and this Lease remains in full force and effect, on the Date of Taking the Base Rent Landlord shall be reduced by an entitled to receive the entire amount in the same ratio as the total number of square feet in the building(s) which are a part any award without deduction for any estate or interest of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damagesTenant; provided, however, that in the event of such a taking, Tenant shall be entitled to such portion of the award as shall be attributable to goodwill and for damage to, or the cost of removal of, Xxxxxx's personal property, Xxxxxx's relocation expenses and any compensation separately awarded other damage to Tenant's business by reason of such taking and fifty percent (50%) of the "bonus" or "excess value" of its leasehold interest hereunder. In the event this Lease is not terminated following a taking, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant, Landlord shall restore the Premises to substantially their same condition prior to such partial taking to the extent of any award proceeds received by Landlord, and a fair and equitable abatement shall be made to Tenant for Tenantthe Rent corresponding to the time during which, and to the part of the Premises of which, Tenant shall be so deprived on account of such taking and restoration. If the award proceeds from the taking are insufficient to restore the Premises as required by the preceding sentence and Landlord does not provide its own funds to so restore the Premises, and if as a result thereof Xxxxxx's relocation expenses and/or loss of Tenant's trade fixturesability to use the Premises as contemplated by this Lease is materially and substantially impaired, then Tenant may elect to terminate this Lease.

TOTAL OR PARTIAL TAKING. If the whole of the Premises (provided that if 60% or more of the Premises are totally taken by Condemnationtaken, this Lease or if the automobile parking spaces available for Tenant’s exclusive use shall terminate on be less than twenty (20) as a result of the Date of Taking. If any portion taking, Tenant may deem that all of the Premises is are taken), or such portion thereof as will make the Premises impractical for Tenant to use for the purposes leased hereunder, shall be taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises public authority under the power of eminent domain or any payment made sold to public authority under threat or in lieu of such taking, the Term shall cease as of the exercise of such power day possession or title shall be taken by such public authority, whichever is earlier (“Taking Date”), whereupon the property of Landlord, whether such Award Rent and all other charges shall be made as compensation paid up to the Taking Date with a proportionate refund by Landlord of any Rent and all other charges paid for diminution in value a period subsequent to the Taking Date. If less than the whole of the leasehold Premises, or less than such portion thereof as will make the Premises impractical for Tenant to use for the purposes leased hereunder as of the Taking Date, is taken, Base Rent and other charges payable to Landlord shall be reduced in proportion to the amount of the Premises taken. If this Lease is not terminated, Landlord shall repair any damage to the Premises caused by the taking to the extent necessary to make the Premises reasonably tenantable within the limitations of the available compensation awarded for the taking (exclusive of any amount awarded for land). If the feecompensation awarded for the taking (exclusive of any amount awarded for land) is not sufficient to repair or restore the Premises in accordance with the preceding sentence and Landlord is unwilling or unable to provide the additional funding required for such repair or restoration, or as severance damages; provided, however, that Tenant shall be entitled have the right to any compensation separately awarded terminate this Lease upon written notice to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixturesLandlord.

TOTAL OR PARTIAL TAKING. If the Building containing the Premises are totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Building containing the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's continued use of the Premises. If , if Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's relocation expenses and/or loss of Tenant's trade fixtures.

TOTAL OR PARTIAL TAKING. If the Building containing the Premises are is totally taken by Condemnation, this Lease shall terminate on the Date of Taking. If any portion of the Building containing the Premises is taken by Condemnation, this Lease shall remain in effect, except that Tenant can elect to terminate this Lease if the remaining portion of the Premises is rendered unsuitable for Tenant's ’s continued use of the Premises. If Tenant elects to terminate this Lease, Tenant must exercise its right to terminate by giving notice to Landlord within thirty (30) days after the nature and extent of the Condemnation have been finally determined. If Tenant elects to terminate this Lease, Tenant shall also notify Landlord of the date of termination, which date shall not be earlier than thirty (30) days nor later than ninety (90) days after Tenant has notified Landlord of its election to terminate; except that this Lease shall terminate on the Date of Taking if the Date of Taking falls on a date before the date of termination as designated by Tenant. If any portion of the Premises is taken by Condemnation and this Lease remains in full force and effect, on the Date of Taking the Base Rent shall be reduced by an amount in the same ratio as the total number of square feet in the building(s) which are a part of the Premises taken bears to the total number of square feet in the building(s) which are a part of the Premises immediately before the Date of Taking. Any Award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such Award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Tenant shall be entitled to any compensation separately awarded to Tenant for Tenant's ’s relocation expenses and/or loss of Tenant's ’s trade fixtures.