SUCH SCOPE THAT THE
UNTAKEN PART OF THE PROPERTY WOULD IN TENANT'S REASONABLE JUDGMENT BE UNECONOMIC
TO OPERATE, THEN TENANT MAY TERMINATE THIS LEASE AND THE TERM AND ESTATE GRANTED
HEREBY BY GIVING NOTICE TO LANDLORD WITHIN THIRTY (30) DAYS AFTER THE DATE OF
TAKING OF POSSESSION BY THE CONDEMNING AUTHORITY.
20.2
AWARD.
IN THE EVENT OF ANY TAKING, LANDLORD SHALL BE ENTITLED TO
ANY AND ALL COMPENSATION, DAMAGES, INCOME, RENT, AWARDS, OR ANY INTEREST THEREIN
WHATSOEVER WHICH MAY BE PAID OR MADE IN CONNECTION THEREWITH, AND TENANT SHALL
ASSIGN TO LANDLORD ANY RIGHT TO COMPENSATION OR DAMAGES FOR THE CONDEMNATION OF
ITS LEASEHOLD INTEREST; PROVIDED THAT TENANT MAY FILE A CLAIM FOR (A) TENANT'S
RELOCATION EXPENSES, (B) THE TAKING OF TENANT'S PROPERTY, AND (C) THE LOSS OF
TENANT'S GOODWILL.
20.3
PARTIAL TAKING.
IN THE EVENT OF A PARTIAL TAKING OF THE PREMISES
WHICH DOES NOT RESULT IN A TERMINATION OF THIS LEASE (OTHER THAN WITH RESPECT TO
THE TAKEN PORTION OF THE PREMISES), THE BASE RENT AND OPERATING EXPENSES SHALL
BE ADJUSTED AS FOLLOWS:
(A)
DURING THE PERIOD BETWEEN THE DATE OF THE PARTIAL TAKING AND THE
COMPLETION OF ANY NECESSARY REPAIRS, RECONSTRUCTION OR RESTORATION, TENANT SHALL
BE ENTITLED TO
54
A REDUCTION OF BASE RENT AND OPERATING EXPENSES BY A PROPORTIONATE AMOUNT BASED
ON RENTABLE AREA TAKEN; AND
(B)
UPON COMPLETION OF SAID REPAIRS, RECONSTRUCTION OR RESTORATION,
AND THEREAFTER THROUGHOUT THE REMAINDER OF THE TERM, THE BASE RENT AND OPERATING
EXPENSES SHALL BE RECALCULATED BASED ON THE REMAINING TOTAL NUMBER OF SQUARE
FEET OF RENTABLE AREA OF THE PREMISES.
20.4
TEMPORARY TAKING.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS
ARTICLE, IF A TAKING OCCURS WITH RESPECT TO ALL OR ANY PORTION OF THE PREMISES
FOR A PERIOD OF TWELVE (12) MONTHS OR LESS, THIS LEASE SHALL REMAIN UNAFFECTED
THEREBY AND TENANT SHALL CONTINUE TO PAY BASE RENT AND ADDITIONAL RENT AND TO
PERFORM ALL OF THE TERMS, CONDITIONS AND COVENANTS OF THIS LEASE, PROVIDED THAT
TENANT SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE IF THE TAKING CONTINUES
BEYOND TWELVE (12) MONTHS.
IN THE EVENT OF ANY SUCH TEMPORARY TAKING, AND IF
THIS LEASE IS NOT TERMINATED, TENANT SHALL BE ENTITLED TO RECEIVE THAT PORTION
OF ANY AWARD WHICH REPRESENTS COMPENSATION FOR THE USE OR OCCUPANCY OF THE
PREMISES DURING THE TERM UP TO THE TOTAL BASE RENT AND ADDITIONAL RENT OWING BY
TENANT FOR THE PERIOD OF THE TAKING, AND LANDLORD SHALL BE ENTITLED TO RECEIVE
THE BALANCE OF ANY AWARD.
20.5
SALE IN LIEU OF CONDEMNATION.
A VOLUNTARY SALE BY LANDLORD OF ALL
OR ANY PART OF THE BUILDING OR THE COMMON AREA TO ANY PUBLIC OR QUASI-PUBLIC
BODY, AGENCY OR PERSON, CORPORATE OR OTHERWISE, HAVING THE POWER OF EMINENT
DOMAIN, EITHER UNDER THREAT OF CONDEMNATION OR WHILE CONDEMNATION PROCEEDINGS
ARE PENDING, SHALL BE DEEMED TO BE A TAKING UNDER THE POWER OF EMINENT DOMAIN
FOR THE PURPOSES OF THIS ARTICLE.
20.6
WAIVER.
EXCEPT AS PROVIDED IN THIS ARTICLE, EACH PARTY HERETO
HEREBY WAIVES AND RELEASES