PRIOR TO THE DATE OF
TAKING, TO TERMINATE THIS LEASE AS OF THE DATE OF TAKING.
UPON SUCH DATE, IF
SUCH NOTICE HAS BEEN GIVEN, THIS LEASE SHALL THEREUPON CEASE AND TERMINATE.
ALL
BASE RENT, PERCENTAGE RENT AND ADDITIONAL CHARGES PAID OR PAYABLE BY LESSEE
HEREUNDER SHALL BE APPORTIONED AS OF THE DATE OF TAKING, AND LESSEE SHALL
PROMPTLY PAY LESSOR SUCH AMOUNTS.
15.4
ALLOCATION OF AWARD.
THE TOTAL AWARD MADE WITH RESPECT TO THE
LEASED PROPERTY OR FOR LOSS OF RENT, OR FOR LESSOR'S LOSS OF BUSINESS BEYOND THE
TERM, SHALL BE SOLELY THE PROPERTY OF AND PAYABLE TO LESSOR.
ANY AWARD MADE FOR
LOSS OF BUSINESS DURING THE REMAINING TERM, IF ANY, OR FOR REMOVAL AND
RELOCATION EXPENSES OF LESSEE IN ANY SUCH PROCEEDINGS SHALL BE THE SOLE PROPERTY
OF AND PAYABLE TO LESSEE.
IN ANY CONDEMNATION PROCEEDINGS LESSOR AND LESSEE
SHALL EACH SEEK ITS AWARD IN CONFORMITY HEREWITH, AT ITS RESPECTIVE EXPENSE;
PROVIDED, HOWEVER, LESSEE SHALL NOT INITIATE, PROSECUTE OR ACQUIESCE IN ANY
PROCEEDINGS THAT MAY RESULT IN A DIMINUTION OF ANY AWARD PAYABLE TO LESSOR.
36
15.5
PARTIAL TAKING.
(A)
IF TITLE TO LESS THAN THE WHOLE OF OR SUBSTANTIALLY ALL OF THE
LEASED PROPERTY IS CONDEMNED, AND THE LEASED PROPERTY IS STILL SUITABLE FOR ITS
PRIMARY INTENDED USE, AND NOT UNECONOMIC FOR ITS PRIMARY INTENDED USE, OR IF
LESSEE OR LESSOR IS ENTITLED BUT NEITHER ELECTS TO TERMINATE THIS LEASE AS
PROVIDED IN SECTION 15.3, THE LESSOR OR, AT LESSOR'S ELECTION, LESSEE SHALL WITH
ALL REASONABLE DISPATCH AND TO THE EXTENT THE HOLDER PERMITS THE APPLICATION OF
THE AWARD THEREOF AND THE AWARD IS SUFFICIENT THEREFORE, RESTORE THE UNTAKEN
PORTION OF THE LEASED PROPERTY SO THAT SUCH LEASED PROPERTY CONTAINS THE SAME
ARCHITECTURAL UNITS OF THE SAME GENERAL CHARACTER AND CONDITION (AS NEARLY AS
MAY BE POSSIBLE UNDER THE CIRCUMSTANCES) AS THE LEASED PROPERTY EXISTING
IMMEDIATELY PRIOR TO THE CONDEMNATION AND THIS LEASE SHALL REMAIN IN FULL FORCE
AND EFFECT.
LESSEE AND LESSOR, IF PERMITTED BY ANY HOLDER, SHALL EACH
CONTRIBUTE TO THE COST OF RESTORATION THAT PART OF ITS AWARD SPECIFICALLY
ALLOCATED TO SUCH RESTORATION, IF ANY, TOGETHER WITH SEVERANCE AND OTHER DAMAGES
AWARDED FOR THE TAKEN LEASED PROPERTY; PROVIDED, HOWEVER, THAT THE AMOUNT OF
SUCH CONTRIBUTIONS SHALL NOT EXCEED SUCH COST.
(B)
IN THE EVENT OF A PARTIAL TAKING AS DESCRIBED IN SECTION 15.5(A)
WHICH DOES NOT RESULT IN A TERMINATION OF THIS LEASE BY LESSOR, THE BASE RENT
SHALL BE ADJUSTED IN THE MANNER AND TO THE EXTENT THAT IS FAIR, JUST AND
EQUITABLE TO BOTH LESSEE AND LESSOR, TAKING INTO CONSIDERATION, AMONG OTHER
RELEVANT FACTORS, THE NUMBER OF USABLE ROOMS, THE AMOUNT OF SQUARE FOOTAGE, OR
THE REVENUES AFFECTED BY SUCH PARTIAL TAKING.
IF LESSOR AND LESSEE ARE UNABLE
TO AGREE UPON THE AMOUNT OF SUCH ABATEMENT WITHIN THIRTY (30) DAYS AFTER SUCH
PARTIAL TAKING, THE MATTER SHALL BE SUBMITTED TO ARBITRATION AS PROVIDED FOR IN
SECTION 38.2 HEREOF.
15.6
TEMPORARY TAKING.
IF THE WHOLE OR ANY PART OF THE