OF THE PREMISES SHALL NOT BE
SUFFICIENT, IN TENANT'S REASONABLE JUDGMENT, FOR TENANT TO CONTINUE THE
OPERATION OF ITS BUSINESS, TENANT MAY TERMINATE THIS LEASE BY GIVING LANDLORD
NOTICE TO THAT EFFECT WITHIN NINETY (90) DAYS AFTER THE DATE OF THE TAKING. THIS
LEASE SHALL TERMINATE ON THE DATE THAT SUCH NOTICE FROM LANDLORD OR TENANT TO
THE OTHER SHALL BE GIVEN, AND THE FIXED RENT AND ADDITIONAL CHARGES SHALL BE
PRORATED AND ADJUSTED AS OF SUCH TERMINATION DATE, EXCEPT THAT WITH RESPECT TO
ANY PORTION OF THE PREMISES WHICH IS THE SUBJECT OF THE TAKING, IF EARLIER, AS
OF THE DATE OF THE TAKING. UPON SUCH PARTIAL TAKING AND THIS LEASE CONTINUING IN
FORCE AS TO ANY PART OF THE PREMISES, THE FIXED RENT AND ADDITIONAL CHARGES
SHALL BE ADJUSTED ACCORDING TO THE RENTABLE AREA REMAINING.
20.03
LANDLORD SHALL BE ENTITLED TO RECEIVE THE ENTIRE AWARD
OR PAYMENT IN CONNECTION WITH ANY TAKING WITHOUT DEDUCTION THEREFROM FOR ANY
ESTATE VESTED IN TENANT BY THIS LEASE AND TENANT SHALL RECEIVE NO PART OF SUCH
AWARD EXCEPT AS HEREINAFTER EXPRESSLY PROVIDED IN THIS ARTICLE 20. TENANT HEREBY
EXPRESSLY ASSIGNS TO LANDLORD ALL OF ITS RIGHT, TITLE AND INTEREST IN AND TO
EVERY SUCH AWARD OR PAYMENT; PROVIDED, HOWEVER, THAT TENANT SHALL HAVE THE RIGHT
TO MAKE A SEPARATE CLAIM FOR ITS MOVING EXPENSES AND TO THE EXTENT THE AWARD
OTHERWISE PAYABLE TO LANDLORD SHALL NOT BE DIMINISHED THEREBY, FOR ANY OF
TENANT'S PROPERTY TAKEN.
59
20.04
IF THE TEMPORARY USE OR OCCUPANCY OF ALL OR ANY PART
OF THE PREMISES SHALL BE TAKEN BY CONDEMNATION OR IN ANY OTHER MANNER FOR ANY
PUBLIC OR QUASI-PUBLIC USE OR PURPOSE DURING THE TERM OF THIS LEASE, TENANT
SHALL BE ENTITLED, EXCEPT AS HEREINAFTER SET FORTH, TO RECEIVE THAT PORTION OF
THE AWARD OR PAYMENT FOR SUCH TAKING WHICH REPRESENTS COMPENSATION FOR THE USE
AND OCCUPANCY OF THE PREMISES, FOR THE TAKING OF TENANT'S PROPERTY AND FOR
MOVING EXPENSES, AND LANDLORD SHALL BE ENTITLED TO RECEIVE THAT PORTION WHICH
REPRESENTS REIMBURSEMENT FOR THE COST OF RESTORATION OF THE PREMISES.
THIS
LEASE SHALL BE AND REMAIN UNAFFECTED BY SUCH TAKING AND TENANT SHALL CONTINUE TO
BE RESPONSIBLE FOR ALL OF ITS OBLIGATIONS HEREUNDER INSOFAR AS SUCH OBLIGATIONS
ARE NOT AFFECTED BY SUCH TAKING AND SHALL CONTINUE TO PAY IN FULL THE FIXED RENT
AND ADDITIONAL CHARGES WHEN DUE.
IF THE PERIOD OF TEMPORARY USE OR OCCUPANCY
SHALL EXTEND BEYOND THE EXPIRATION DATE OF THIS LEASE, THAT PART OF THE AWARD
WHICH REPRESENTS COMPENSATION FOR THE USE AND OCCUPANCY OF THE PREMISES (OR A
PART THEREOF) SHALL BE DIVIDED BETWEEN LANDLORD AND TENANT SO THAT TENANT SHALL
RECEIVE SO MUCH THEREOF AS REPRESENTS THE PERIOD UP TO AND INCLUDING SUCH
EXPIRATION DATE AND LANDLORD SHALL RECEIVE SO MUCH THEREOF AS REPRESENTS THE
PERIOD AFTER SUCH EXPIRATION DATE.
ALL MONIES PAID AS, OR AS PART OF, AN AWARD
FOR TEMPORARY USE AND OCCUPANCY FOR A PERIOD BEYOND THE DATE TO WHICH THE FIXED
RENT AND ADDITIONAL