HAVE RECEIVED NOTICE OF THE VESTING OF TITLE IN THE GOVERNMENTAL
AUTHORITY (A COPY OF WHICH NOTICE LANDLORD SHALL DELIVER TO TENANT PROMPTLY
AFTER RECEIPT THEREOF) IN WHICH EVENT THIS LEASE AND THE ESTATE GRANTED HEREBY
WILL TERMINATE ON THE LAST DAY OF THE MONTH NEXT SUCCEEDING THE MONTH IN WHICH
SUCH NOTICE IS GIVEN.
(D)
IF NEITHER LANDLORD NOR TENANT ELECTS TO TERMINATE THIS LEASE
PURSUANT TO PARAGRAPH (B) OR (C) ABOVE, THIS LEASE SHALL BE AND REMAIN
UNAFFECTED BY SUCH CONDEMNATION, EXCEPT THAT THE BASIC ANNUAL RENT AND THE
ADDITIONAL RENT PAYABLE UNDER ARTICLE 3 SHALL BE ABATED EFFECTIVE AS OF THE DATE
OF THE VESTING OF TITLE IN THE GOVERNMENTAL AUTHORITY IN PROPORTION TO THE
REDUCTION IN THE RENTABLE AREA OF THE DEMISED PREMISES RESULTING FROM SUCH
CONDEMNATION.
14.02
IN THE EVENT OF TERMINATION OF THIS LEASE IN ANY OF THE CASES
HEREINBEFORE PROVIDED, THIS LEASE AND THE TERM AND ESTATE HEREBY GRANTED SHALL
EXPIRE AS OF THE DATE OF SUCH TERMINATION WITH THE SAME EFFECT AS IF THAT WERE
THE EXPIRATION DATE, AND THE BASIC ANNUAL RENT AND ADDITIONAL RENT PAYABLE
HEREUNDER SHALL BE APPORTIONED AS OF SUCH DATE.
14.03
IN THE EVENT OF ANY CONDEMNATION OF ALL OR A PART OF THE PROPERTY,
LANDLORD SHALL BE ENTITLED TO RECEIVE THE ENTIRE AWARD IN THE CONDEMNATION
PROCEEDING, INCLUDING ANY AWARD MADE FOR THE VALUE OF THE ESTATE VESTED BY THIS
LEASE IN TENANT.
TENANT HEREBY EXPRESSLY ASSIGNS TO LANDLORD ANY AND ALL RIGHT,
TITLE AND INTEREST OF TENANT NOW OR HEREAFTER ARISING IN OR TO ANY SUCH AWARD OR
ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AWARD FOR THE UNEXPIRED
PORTION OF THE TERM AND AGREES THAT IT SHALL NOT BE ENTITLED TO RECEIVE ANY PART
OF SUCH AWARD.
TENANT SHALL, HOWEVER, BE ENTITLED TO MAKE A SEPARATE CLAIM IN
SUCH PROCEEDING FOR LOSS OF GOOD WILL AND MOVING EXPENSES PROVIDED SUCH AWARD IS
IN ADDITION TO AND NOT IN REDUCTION OF LANDLORD'S AWARD FROM THE GOVERNMENTAL
AUTHORITY.
14.04
IN THE EVENT OF ANY PARTIAL TAKING WHICH DOES NOT RESULT IN A
TERMINATION OF THIS LEASE, LANDLORD, AT ITS EXPENSE, SHALL PROCEED WITH
REASONABLE DILIGENCE TO REPAIR, ALTER AND RESTORE THE REMAINING PARTS OF THE
BUILDING AND THE DEMISED PREMISES TO SUBSTANTIALLY THEIR FORMER CONDITION TO THE
EXTENT THAT THE SAME MAY BE FEASIBLE AND SO AS TO CONSTITUTE A COMPLETE AND
TENANTABLE BUILDING AND DEMISED PREMISES EXCEPT FOR TENANT'S LEASEHOLD
IMPROVEMENTS PERFORMED BY OR ON BEHALF OF TENANT AND ALL OF THE FURNITURE, TRADE
FIXTURES AND OTHER PERSONAL PROPERTY OF TENANT LOCATED AT THE PROPERTY, WHICH
SHALL BE REPAIRED, ALTERED AND RESTORED BY TENANT AT ITS EXPENSE.
LANDLORD'S
OBLIGATION UNDER THIS SECTION 14.04 SHALL BE LIMITED IN DOLLAR AMOUNT TO THE NET
AWARD (AFTER DEDUCTING ALL EXPENSES INCURRED IN OBTAINING SAME) AVAILABLE FROM
THE GOVERNMENTAL AUTHORITY FOR THE IMPROVEMENTS TAKEN OR CONVEYED (EXCLUSIVE OF
THE AWARD FOR THE COMPLEX LAND OR ANY PORTION THEREOF).
49
14.05
IF THE TEMPORARY USE OR OCCUPANCY OF ALL