A
CONDEMNATION PRIOR TO THE DATE HEREOF WHICH DID NOT RESULT IN THE TERMINATION OF
THE CONTRACT OF SALE PURSUANT TO ITS TERMS.
LESSEE SHALL RESTORE AND REPAIR THE
DAMAGED PORTION OF THE DEMISED PREMISES AND/OR IMPROVEMENTS TO ESSENTIALLY THE
SAME CONDITION AS EXISTED PRIOR TO THE CONDEMNATION CAUSING SUCH DAMAGE AND THE
PARTIES AGREE THAT
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ANY CONDEMNATION AWARD RELATING THERETO SHALL BE PAID TO LESSEE FOR SUCH
PURPOSES WITH ANY BALANCE REMAINING AFTER COMPLETION OF RESTORATION AND REPAIR
TO BE SHARED EQUALLY BY LESSOR AND LESSEE.
ALL WORK SHALL BE DONE IN ACCORDANCE
WITH THE PROVISIONS OF ARTICLE IX HEREOF.
SECTION 11.03.
ALL COMPENSATION AWARDED FOR ANY TAKING OR CONVEYANCE
ARISING FROM A TOTAL OR CONSTRUCTIVE TOTAL CONDEMNATION AND, EXCEPT AS PROVIDED
IN SECTION 11.02, A PARTIAL CONDEMNATION, WHETHER FOR THE WHOLE OR A PART OF THE
DEMISED PREMISES OR OTHERWISE, SHALL BE SHARED BY LESSOR AND LESSEE AS MAY BE
AGREED BY THE PARTIES OR AS DETERMINED BY A COURT OF COMPETENT JURISDICTION AND
IN ANY COURT PROCEEDING LESSOR SHALL BE ENTITLED TO MAKE CLAIMS FOR THE RESIDUAL
VALUE OF THE FEE INTEREST IN THE DEMISED PREMISES AND IMPROVEMENTS AND LESSEE
SHALL BE ENTITLED TO MAKE CLAIMS FOR THE VALUE OF ITS LEASEHOLD ESTATE IN THIS
LEASE IF THERE IS A TOTAL OR CONSTRUCTIVE TOTAL CONDEMNATION AND FOR THE VALUE
OF THE PORTION OF THE LEASEHOLD ESTATE IN THIS LEASE TAKEN IN THE EVENT OF A
PARTIAL CONDEMNATION AND SUCH AWARDS AS MAY BE ALLOWED FOR TRADE FIXTURES OR FOR
LOSS OF BUSINESS.
IF A COURT OF COMPETENT JURISDICTION SHALL HAVE CONCLUSIVELY
DETERMINED THAT UNPAID RENT OR ADDITIONAL RENT UNDER THIS LEASE SHALL BE DUE AND
OWING BY LESSEE TO LESSOR, THE AMOUNT THEREOF SHALL BE PAID FROM LESSEE'S AWARD
HEREUNDER IF SUCH RENT IS UNPAID AT SUCH TIME.
SECTION 11.04.
IN THE CASE OF ANY ONE OR MORE PARTIAL CONDEMNATIONS, THE
ANNUAL RENT THEREAFTER PAYABLE UNDER THIS LEASE SHALL BE REDUCED IN THE SAME
PROPORTION AS THE AMOUNT OF LAND ORIGINALLY SUBJECT HERETO SHALL HAVE BEEN
REDUCED BY SUCH TAKING.
SECTION 11.05.
IF, AT ANY TIME AFTER THE DATE HEREOF, THE WHOLE OR ANY
PART OF THE DEMISED PREMISES OR IMPROVEMENTS OR OF LESSEE'S INTEREST UNDER THIS
LEASE SHALL BE TAKEN OR CONDEMNED BY ANY GOVERNMENTAL BODY OR OFFICER OR OTHER
COMPETENT AUTHORITY FOR ITS OR THEIR TEMPORARY USE OR OCCUPANCY, THE FOREGOING
PROVISIONS OF THIS ARTICLE SHALL NOT APPLY AND LESSEE SHALL CONTINUE TO PAY, IN
THE MANNER AND AT THE TIMES HEREIN SPECIFIED, THE FULL AMOUNTS OF THE ANNUAL
RENT AND ALL ADDITIONAL RENT AND OTHER CHARGES PAYABLE BY LESSEE HEREUNDER, AND,
EXCEPT ONLY TO THE EXTENT THAT LESSEE MAY BE PREVENTED FROM SO DOING PURSUANT TO
THE TERMS OF THE ORDER OF THE CONDEMNING AUTHORITY, TO PERFORM AND OBSERVE ALL
OF THE OTHER TERMS, COVENANTS, CONDITIONS AND OBLIGATIONS HEREOF UPON THE PART
OF LESSEE TO BE PERFORMED AND OBSERVED, AS THOUGH SUCH TAKING HAD NOT OCCURRED.
IN THE EVENT OF ANY SUCH