ALLEVIATED BY REPAIRS
OR RECONSTRUCTIONS AS PROVIDED IN SECTION 20(C) BELOW), TENANT MAY TERMINATE
THIS LEASE BY WRITTEN NOTICE TO LANDLORD WITHIN SEVENTY FIVE (75) DAYS AFTER THE
DATE OF SUCH TAKING, PROVIDED THAT LANDLORD SHALL HAVE THE RIGHT TO NULLIFY SUCH
TERMINATION BY TENANT BY PROVIDING NOTICE TO TENANT WITHIN TEN (10) DAYS AFTER
THE RECEIPT OF TENANT'S TERMINATION NOTICE THAT SUCH MATERIAL ADVERSE AFFECT
WILL BE ALLEVIATED BY REPAIRS OR RECONSTRUCTIONS PURSUANT TO SECTION 20(C)
BELOW.
IF TITLE TO SO MUCH OF THE BUILDING IS TAKEN THAT A REASONABLE AMOUNT OF
RECONSTRUCTION THEREOF WILL NOT IN LANDLORD'S REASONABLE DISCRETION RESULT IN
THE BUILDING BEING A PRACTICAL IMPROVEMENT AND REASONABLY SUITABLE FOR USE FOR
THE PURPOSE FOR WHICH IT IS DESIGNED, AND PROVIDED LANDLORD ELECTS NOT TO
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RECONSTRUCT THE REMAINING PORTION OF THE BUILDING FOR GENERAL OFFICE USE, THEN
LANDLORD SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE BY WRITTEN NOTICE TO
TENANT WITHIN NINETY (90) DAYS AFTER THE DATE OF SUCH TAKING.
(B)
IF THIS LEASE IS TERMINATED UNDER THE
PROVISIONS OF THIS SECTION 20, RENT SHALL BE APPORTIONED AND ADJUSTED AS OF THE
DATE OF TERMINATION.
TENANT SHALL HAVE NO CLAIM AGAINST LANDLORD OR AGAINST THE
CONDEMNING AUTHORITY FOR THE VALUE OF ANY LEASEHOLD ESTATE OR FOR THE VALUE OF
THE UNEXPIRED LEASE TERM (AND TENANT HEREBY ASSIGNS TO LANDLORD ANY RIGHT OR
INTEREST TO ANY AWARD APPLICABLE THERETO), PROVIDED THAT THE FOREGOING SHALL NOT
PRECLUDE ANY CLAIM THAT TENANT MAY HAVE AGAINST THE CONDEMNING AUTHORITY TO THE
EXTENT PROVIDED IN SECTION 20(C) BELOW.
(C)
IF THERE IS A PARTIAL TAKING OF THE
BUILDING AND/OR THE PARKING GARAGE AND THIS LEASE IS NOT THEREUPON TERMINATED
UNDER THE PROVISIONS OF THIS SECTION 20, THEN THIS LEASE SHALL REMAIN IN FULL
FORCE AND EFFECT, AND LANDLORD SHALL, WITHIN A REASONABLE TIME THEREAFTER,
REPAIR OR RECONSTRUCT THE REMAINING PORTION OF THE BUILDING (EXCLUDING PORTIONS
THEREOF LEASED TO TENANTS) AND/OR PARKING GARAGE TO THE EXTENT NECESSARY TO MAKE
THE SAME A COMPLETE ARCHITECTURAL UNIT; PROVIDED THAT IN COMPLYING WITH ITS
OBLIGATIONS HEREUNDER LANDLORD SHALL NOT BE REQUIRED TO EXPEND MORE THAN THE SUM
OF THE NET PROCEEDS OF THE CONDEMNATION AWARD WHICH ARE PAID TO LANDLORD AND
AVAILABLE TO LANDLORD FOR REPAIR AND RECONSTRUCTION.
IF THE PORTION OF THE
BUILDING, PARKING GARAGE OR THE PREMISES TAKEN SHALL BE OF SUCH EXTENT AND
NATURE AS SUBSTANTIALLY TO HANDICAP, IMPEDE OR IMPAIR THE CONDUCT OF TENANT'S
BUSINESS IN THE PREMISES OR TENANT'S ACCESS THERETO INCLUDING, WITHOUT
LIMITATION, A PARTIAL TAKING OF THE PARKING GARAGE SUCH THAT LANDLORD CANNOT
PROVIDE TO TENANT THE TOTAL NUMBER OF PARKING SPACES ALLOCATED TO TENANT
PURSUANT TO SECTION 35 AND LANDLORD DOES NOT RESTORE THE BUILDING, PARKING
GARAGE AND PREMISES AS SET FORTH ABOVE BECAUSE THE AMOUNT OF CONDEMNATION AWARD
PAID TO LANDLORD IS INSUFFICIENT AND THE COST OF RECONSTRUCTION WILL EXCEED THE
PORTION OF SUCH CONDEMNATION AWARD AVAILABLE TO LANDLORD FOR RECONSTRUCTION,
LANDLORD SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE.
IF LANDLORD DOES NOT