OF MORE THAN
TWENTY-FIVE (25%) OF THE PREMISES IS SUBSTANTIALLY IMPAIRED, TENANT SHALL HAVE
THE OPTION TO TERMINATE THIS LEASE UPON NINETY (90) DAYS' NOTICE TO LANDLORD,
WHICH TERMINATION SHALL BE EFFECTIVE AS OF THE DATE POSSESSION IS REQUIRED TO BE
SURRENDERED TO THE TAKING AUTHORITY.
LANDLORD SHALL BE ENTITLED TO RECEIVE THE
ENTIRE AWARD OR PAYMENT IN CONNECTION WITH ANY SUCH TAKING, EXCEPT THAT
(A) TENANT SHALL HAVE THE RIGHT TO FILE ANY SEPARATE CLAIM AVAILABLE TO TENANT
FOR ANY TAKING OF TENANT'S PROPERTY BELONGING TO TENANT AND REMOVABLE BY TENANT
UPON EXPIRATION OF THE LEASE TERM PURSUANT TO THE TERMS OF THIS LEASE, FOR THE
UNAMORTIZED COST OF THE TENANT IMPROVEMENTS AND ALTERATIONS (TO THE EXTENT PAID
FOR BY TENANT FROM TENANT'S OWN FUNDS AND NOT FROM ANY IMPROVEMENT ALLOWANCE
PROVIDED BY LANDLORD), INTERRUPTION OF OR DAMAGE TO TENANT'S BUSINESS, AND FOR
MOVING EXPENSES, SO LONG AS SUCH CLAIM IS PAYABLE SEPARATELY TO TENANT, AND
(B) LANDLORD AND TENANT SHALL EACH BE ENTITLED TO RECEIVE FIFTY PERCENT (50%) OF
THE "BONUS VALUE" OF THE LEASEHOLD ESTATE IN CONNECTION THEREWITH, WHICH BONUS
VALUE SHALL BE EQUAL TO THE DIFFERENCE BETWEEN THE RENT PAYABLE UNDER THIS LEASE
AND THE SUM ESTABLISHED BY THE TAKING AUTHORITY AS THE AWARD FOR COMPENSATION
FOR THE LEASEHOLD ESTATE.
ALL RENT SHALL BE APPORTIONED AS OF THE DATE OF SUCH
TERMINATION, OR THE DATE OF SUCH TAKING, WHICHEVER SHALL FIRST OCCUR.
IF ANY
PART OF THE PREMISES SHALL BE TAKEN, AND THIS LEASE SHALL NOT BE SO TERMINATED,
THE BASE RENT AND TENANT'S SHARE OF INCREASES IN OPERATING EXPENSES, TAX
EXPENSES AND UTILITIES COSTS SHALL BE EQUITABLY ABATED IN PROPORTION TO THE
RATIO THAT THE RENTABLE SQUARE FEET OF THE PREMISES WHICH IS TAKEN BEARS TO THE
TOTAL RENTABLE SQUARE FOOTAGE OF THE PREMISES, AND LANDLORD SHALL AT ITS SOLE
EXPENSE RESTORE THE BUILDING IN WHICH THE REMAINDER OF THE PREMISES ARE LOCATED
TO ANY ARCHITECTURALLY COMPLETE AND FUNCTIONAL CONDITION; PROVIDED, HOWEVER,
THAT IF LESS THAN ALL, BUT A SUBSTANTIAL PORTION, OF THE PREMISES IS UNFIT FOR
OCCUPANCY AND THE REMAINDER OF THE PREMISES IS NOT SUFFICIENT TO ALLOW TENANT TO
EFFECTIVELY CONDUCT ITS BUSINESS THEREIN, AND IF TENANT DOES NOT CONDUCT ITS
BUSINESS FROM THE PORTION OF THE PREMISES SO DAMAGED AND SUCH REMAINING PORTION,
THEN THE BASE RENT AND TENANT'S SHARE OF INCREASES IN OPERATING EXPENSES, TAX
EXPENSES AND UTILITIES COSTS FOR THE ENTIRE PREMISES SHALL BE ABATED FOR SUCH
PERIOD THAT TENANT CONTINUES TO BE SO PREVENTED FROM USING, AND DOES NOT USE THE
ENTIRE PREMISES.
TENANT'S ABATEMENT PERIOD SHALL CONTINUE UNTIL TENANT HAS BEEN
GIVEN REASONABLY SUFFICIENT TIME, AND REASONABLY SUFFICIENT ACCESS TO THE
PREMISES, THE PARKING FACILITIES AND/OR THE BUILDING, TO INSTALL ITS PROPERTY,
FURNITURE, FIXTURES, AND EQUIPMENT TO THE EXTENT THE SAME SHALL HAVE BEEN
REMOVED AND/OR DAMAGED AS A RESULT OF SUCH EMINENT DOMAIN TAKING AND TO MOVE IN
OVER ONE (1) WEEKEND.
TENANT HEREBY WAIVES ANY AND ALL RIGHTS IT MIGHT
OTHERWISE HAVE PURSUANT TO SECTION 1265.130