DESTROYED AND WITHOUT ABATEMENT, SUSPENSION, DIMINUTION
OR REDUCTION OF ANY KIND.
14.03
RIGHT TO TERMINATE. NOTWITHSTANDING ANY OTHER PROVISION TO THE
CONTRARY CONTAINED IN THIS ARTICLE 14, IN THE EVENT THAT, AS A RESULT OF SUCH A
CASUALTY EVENT, (A) TENANT SHALL REASONABLY ESTIMATE IN THE EXERCISE OF GOOD
FAITH BUSINESS JUDGMENT THAT (I) THE APPLICABLE PROPERTY LOCATION CANNOT BE USED
FOR THE SAME PURPOSE AND SUBSTANTIALLY WITH THE SAME UTILITY AS BEFORE SUCH
CASUALTY EVENT, OR (II) IT WILL BE UNABLE TO USE SUCH DAMAGED PROPERTY LOCATION
FOR THE CUSTOMARY OPERATION OF TENANT'S BUSINESS FOR MORE THAN (1) ONE (1) YEAR,
OR (2) ONE HUNDRED TWENTY (120) DAYS IF SUCH CASUALTY EVENT HAS OCCURRED IN THE
LAST TWO (2) YEARS OF THE TERM OR ANY EXTENSION OF THE TERM, OR (B) LANDLORD
ELECTS NOT TO PROVIDE THE INSURANCE PROCEEDS FROM ANY CASUALTY EVENT TO TENANT
IN ACCORDANCE WITH A CASUALTY WITHHOLDING EVENT UNDER SECTION 14.01, THEN,
SUBJECT TO THE TERMS AND CONDITIONS HEREINAFTER SET FORTH, TENANT SHALL HAVE THE
RIGHT, EXERCISABLE BY WRITTEN NOTICE GIVEN TO LANDLORD NO LATER THAN THIRTY (30)
DAYS FOLLOWING SUCH CASUALTY EVENT, TO CAUSE LANDLORD TO MODIFY THIS LEASE TO
REMOVE THE DAMAGED PROPERTY LOCATION (AND REDUCE THE RENT PURSUANT TO THE TERMS
OF SECTION 14.04 BELOW) AND, FOLLOWING SUCH REMOVAL, TENANT SHALL HAVE NO
FURTHER RESPONSIBILITY TO LANDLORD WITH RESPECT TO SUCH DAMAGED PROPERTY
LOCATION, EXCEPT FOR SUCH INDEMNITY OR OTHER PROVISIONS OF THIS LEASE WHICH MAY
RELATE TO SUCH DAMAGED PROPERTY LOCATION. SUCH MODIFICATION SHALL NOT BE
EFFECTIVE, AND TENANT'S OBLIGATION TO PAY RENT HEREUNDER SHALL CONTINUE, UNTIL
AND UNLESS (A) TENANT HAS COMPLIED WITH ALL OBLIGATIONS PURSUANT TO ARTICLE 6
HEREOF, (B) TENANT HAS PAID TO LANDLORD ALL RENT AND OTHER AMOUNTS PAYABLE WITH
RESPECT TO THE DAMAGED PROPERTY LOCATION THROUGH THE DATE OF THE CASUALTY
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EVENT, AND (C) TENANT HAS PAID OR HAS CAUSED TO BE PAID TO LANDLORD AS ITS
INTERESTS MAY APPEAR ALL INSURANCE DEDUCTIBLES, AND ALL INSURANCE PROCEEDS WHICH
SHALL HAVE BEEN PAID TO TENANT WITH RESPECT TO THE DESTRUCTION OR DAMAGE OF SUCH
PROPERTY LOCATION AND NOT UTILIZED TOWARDS THE RESTORATION; PROVIDED, HOWEVER,
THAT TENANT SHALL RETAIN THOSE INSURANCE PROCEEDS IN WHICH LANDLORD DOES NOT
HAVE AN INTEREST INCLUDING, BUT NOT LIMITED TO, TENANT'S PERSONALTY, AND
ORDINARY PAYROLL INSURANCE PROCEEDS.
14.04
REDUCTION OF RENT. UPON REMOVAL OF A PROPERTY LOCATION PURSUANT TO
SECTION 14.03 ABOVE, THE BASE RENT SHALL BE REDUCED BY THE AMOUNT AS DETERMINED
IN ACCORDANCE WITH EXHIBIT B.
ARTICLE 15.
EMINENT DOMAIN
15.01
TAKING: LEASE TO TERMINATE. IF A SUBSTANTIAL PORTION OF A BUILDING
OR A PARCEL SHALL BE LAWFULLY TAKEN AS A RESULT OF THE EXERCISE OF THE POWER OF
EMINENT DOMAIN OR CONDEMNED FOR A PUBLIC OR QUASI-PUBLIC USE OR PURPOSE BY ANY
COMPETENT AUTHORITY OR SOLD TO THE CONDEMNING AUTHORITY UNDER THREAT OF
CONDEMNATION (COLLECTIVELY, A "CONDEMNATION"), AND (A) TENANT REASONABLY
ESTIMATES IN THE EXERCISE OF GOOD FAITH BUSINESS JUDGMENT THAT, AS A RESULT
THEREOF, THE APPLICABLE PROPERTY