TERMINATE THIS LEASE, THEN LANDLORD AGREES TO COMMENCE RESTORATION, AND UPON
COMMENCING SUCH RESTORATION, LANDLORD AGREES TO COMPLETE SAME WITHIN A
REASONABLE TIME THEREAFTER AND TO PAY ANY SHORTFALL RESULTING FROM THE
INADEQUACY OF THE CONDEMNATION PROCEEDS.
IN THE EVENT TENANT IS UNABLE TO
OPERATE ITS BUSINESS IN THE PREMISES OR ANY PORTION THEREOF, OR UTILIZE THE
PARKING GARAGE OR SUCH PORTION THEREOF AS SUBSTANTIALLY IMPEDES OR IMPAIRS THE
CONDUCT OF TENANT'S BUSINESS IN THE PREMISES, AS A RESULT OF AND DURING THE TIME
OF LANDLORD'S RESTORATION OF THE BUILDING AS PROVIDED HEREIN, THEN MONTHLY
RENTAL AND TENANT'S PRORATA SHARE OF OPERATING EXPENSES UNDER THIS LEASE SHALL
BE EQUITABLY ABATED UNTIL THE ENTIRE PREMISES (OR PORTION THEREOF THAT WAS
RENDERED UNUSABLE) ARE AGAIN USABLE.
(D)
ALL COMPENSATION AWARDED OR PAID TO LANDLORD
UPON A TOTAL OR PARTIAL TAKING OF THE PREMISES OR THE BUILDING SHALL BELONG TO
AND BE THE PROPERTY OF LANDLORD WITHOUT ANY PARTICIPATION BY TENANT; EXCEPTING,
HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE TENANT FROM PROSECUTING
ANY CLAIM DIRECTLY AGAINST THE CONDEMNING AUTHORITY FOR LOSS OF BUSINESS, FOR
DAMAGE TO, AND COST OF REMOVAL OF, TRADE FIXTURES, FURNITURE AND OTHER PERSONAL
PROPERTY BELONGING TO TENANT, AND, IF SUCH CLAIM DOES NOT REDUCE THE AMOUNT OF
THE AWARD OTHERWISE PAYABLE TO LANDLORD, FOR THE UNAMORTIZED COST OF ANY
LEASEHOLD IMPROVEMENTS TO THE EXTENT SAME WERE INSTALLED AT TENANT'S EXPENSE AND
TO THE EXTENT SUCH COSTS WERE NOT REIMBURSED OR CONTRIBUTED TO BY LANDLORD.
(E)
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS SECTION 20, IF, DURING THE LEASE TERM, THE USE OR OCCUPANCY OF
ANY PART OF THE BUILDING, THE PREMISES OR THE PARKING GARAGE SHALL BE TAKEN OR
APPROPRIATED TEMPORARILY FOR ANY PUBLIC OR QUASI-PUBLIC USE UNDER ANY
GOVERNMENTAL LAW, ORDINANCE, OR REGULATIONS, OR BY RIGHT OF EMINENT DOMAIN, THIS
LEASE SHALL BE AND REMAIN UNAFFECTED BY SUCH TAKING OR APPROPRIATION AND TENANT
SHALL CONTINUE TO PAY IN FULL ALL RENT PAYABLE HEREUNDER BY TENANT DURING THE
LEASE TERM.
IN THE EVENT OF ANY SUCH TEMPORARY APPROPRIATION OR TAKING, TENANT
SHALL BE ENTITLED TO RECEIVE THAT PORTION OF ANY AWARD WHICH REPRESENTS
COMPENSATION FOR THE LOSS OF USE OR OCCUPANCY OF THE PREMISES DURING THE LEASE
TERM, AND LANDLORD SHALL BE ENTITLED TO RECEIVE THAT PORTION OF ANY AWARD WHICH
REPRESENTS THE COST OF RESTORATION AND COMPENSATION FOR THE LOSS OF USE OR
OCCUPANCY OF THE PREMISES AFTER THE END OF THE LEASE TERM.
LANDLORD OR TENANT
SHALL EACH HAVE THE RIGHT TO TERMINATE THIS LEASE BY WRITTEN NOTICE TO THE OTHER
PARTY IN THE EVENT OF ANY SUCH TEMPORARY APPROPRIATION OR TAKING (I) WHICH HAS
AFFECTED A MATERIAL PORTION OF THE PREMISES FOR A PERIOD IN EXCESS OF ONE (1)
YEAR AND WHICH WILL CONTINUE TO AFFECT A MATERIAL PORTION OF THE PREMISES FOR AN
INDETERMINATE TIME PERIOD OR (II) WHICH, AT THE TIME OF THE TERMINATION, WILL
AFFECT A MATERIAL PORTION OF THE PREMISES FOR A PERIOD IN EXCESS OF ONE (1) YEAR
THEREAFTER