DATE OF THE CASUALTY, IF
LANDLORD ANTICIPATES THAT THE RESTORATION WILL TAKE MORE THAN 180 DAYS FROM THE
DATE OF THE CASUALTY TO COMPLETE; IN SUCH EVENT, EITHER LANDLORD OR TENANT
(UNLESS THE DAMAGE WAS CAUSED BY TENANT) MAY TERMINATE THIS LEASE EFFECTIVE AS
OF THE DATE OF CASUALTY BY GIVING NOTICE TO THE OTHER WITHIN 10 DAYS AFTER
LANDLORD'S NOTICE.
IF A CASUALTY OCCURS DURING THE LAST 12 MONTHS OF THE TERM,
LANDLORD MAY TERMINATE THIS LEASE UNLESS TENANT HAS THE RIGHT TO EXTEND THE TERM
FOR AT LEAST 2 MORE YEARS AND DOES SO WITHIN 30 DAYS AFTER THE DATE OF THE
CASUALTY.
MOREOVER, LANDLORD MAY TERMINATE THIS LEASE IF THE LOSS IS NOT
COVERED BY THE INSURANCE REQUIRED TO BE MAINTAINED BY LANDLORD UNDER THIS
LEASE.
TENANT WILL RECEIVE AN ABATEMENT OF MINIMUM ANNUAL RENT AND ANNUAL
OPERATING EXPENSES TO THE EXTENT THE PREMISES ARE RENDERED UNTENANTABLE AS A
RESULT OF THE CASUALTY.
9
16.
CONDEMNATION.
IF (A) ALL OF THE PREMISES ARE TAKEN, (B) ANY PART
OF THE PREMISES IS TAKEN AND THE REMAINDER IS INSUFFICIENT IN LANDLORD'S OPINION
FOR THE REASONABLE OPERATION OF TENANT'S BUSINESS, OR (C) ANY OF THE PROPERTY IS
TAKEN, AND, IN LANDLORD'S OPINION, IT WOULD BE IMPRACTICAL OR THE CONDEMNATION
PROCEEDS ARE INSUFFICIENT TO RESTORE THE REMAINDER, THEN THIS LEASE SHALL
TERMINATE AS OF THE DATE THE CONDEMNING AUTHORITY TAKES POSSESSION.
IF THIS
LEASE IS NOT TERMINATED, LANDLORD SHALL RESTORE THE BUILDING TO A CONDITION AS
NEAR AS REASONABLY POSSIBLE TO THE CONDITION PRIOR TO THE TAKING, THE MINIMUM
ANNUAL RENT SHALL BE ABATED FOR THE PERIOD OF TIME ALL OR A PART OF THE PREMISES
IS UNTENANTABLE IN PROPORTION TO THE SQUARE FOOT AREA UNTENANTABLE, AND THIS
LEASE SHALL BE AMENDED APPROPRIATELY.
THE COMPENSATION AWARDED FOR A TAKING
SHALL BELONG TO LANDLORD.
EXCEPT FOR ANY RELOCATION BENEFITS TO WHICH TENANT
MAY BE ENTITLED, TENANT HEREBY ASSIGNS ALL CLAIMS AGAINST THE CONDEMNING
AUTHORITY TO LANDLORD, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM RELATING TO
TENANT'S LEASEHOLD ESTATE.
17.
QUIET ENJOYMENT.
LANDLORD COVENANTS THAT TENANT, UPON PERFORMING
ALL OF ITS COVENANTS, AGREEMENTS AND CONDITIONS OF THIS LEASE, SHALL HAVE QUIET
AND PEACEFUL POSSESSION OF THE PREMISES AS AGAINST ANYONE CLAIMING BY OR THROUGH
LANDLORD, SUBJECT, HOWEVER, TO THE TERMS OF THIS LEASE.
18.
ASSIGNMENT AND SUBLETTING.
(A)
EXCEPT AS PROVIDED IN SECTION (B) BELOW, TENANT SHALL NOT ENTER
INTO NOR PERMIT ANY TRANSFER VOLUNTARILY OR BY OPERATION OF LAW, WITHOUT THE
PRIOR CONSENT OF LANDLORD, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD.
WITHOUT LIMITATION, TENANT AGREES THAT LANDLORD'S CONSENT SHALL NOT BE
CONSIDERED UNREASONABLY WITHHELD IF (I) THE PROPOSED TRANSFEREE IS AN EXISTING
TENANT OF LANDLORD OR AN AFFILIATE OF LANDLORD, (II) THE BUSINESS, BUSINESS
REPUTATION OR CREDITWORTHINESS OF THE PROPOSED TRANSFEREE IS UNACCEPTABLE TO
LANDLORD, (III) LANDLORD HAS COMPARABLE SPACE AVAILABLE IN THE BUILDING FOR
LEASE BY THE PROPOSED TRANSFEREE OR (IV) AN EVENT OF DEFAULT SHALL EXIST ON THE
PART OF TENANT UNDER THIS LEASE.
A CONSENT TO ONE