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ARTICLE 9: CONDEMNATION <br />9.01. Total: If the whole of the Leased Premises is taken by eminent domain, then this Lease shall <br />terminate as of the date the title vests in the proceeding. <br />9.02. Partial: If a portion of the Leased Premises is taken by eminent domain, and the partial taking <br />renders the remaining portion unsuitable for the business of the Lessee, then this Lease shall <br />terminate. If the partial taking is not extensive enough to render the premises unsuitable for the <br />business of the Lessee, then this Lease shall continue in effect, except that the fixed annual rental <br />shall be reduced and adjusted in an appropriate manner. <br />9.03. If this Lease is terminated as provided in this section, rent shall be paid up to the date that <br />possession is taken by the condemning authority, and the Lessor shall make an equitable refund <br />of any rent paid by the Lessee in advance. <br />9.04. Division of Award: The Lessor and the Lessee shall each be entitled to receive and retain separate <br />awards, or portions of lump sum awards, as are allocated to their respective interests in the <br />condemnation proceeding. Without limiting the generality of the preceding sentence, the Lessor <br />has no interest in any award made to Lessee for Lessee's moving and relocation expenses or for <br />the loss of Lessee's leasehold interest, fixtures and other tangible personal property if a separate <br />award for such items is made to Lessee. The termination of this Lease under this Paragraph shall <br />not affect the rights of the respective parties to such awards. <br />ARTICLE 10: DAMAGE BY CASUALTY <br />10.01. The Lessee shall give immediate verbal notice, and prompt written notice to the Lessor of any <br />damage caused to the Leased Premises by fire or other casualty. <br />10.02. If the Premises are totally destroyed by fire, tornado, or other casualty not the fault (in whole or in <br />part) of Lessee or any person in or about the Premises with the express or implied consent of <br />Lessee, or if not totally destroyed, if it should be so damaged by such a cause that rebuilding or <br />repairs cannot reasonably be completed within 180 working days after the date of Lessor's receipt <br />of insurance proceeds in connection with the casualty, this Lease shall terminate, and rent shall be <br />abated for the unexpired portion of this Agreement, effective as of the date of written notification. <br />10.03. If the Premises are damaged by fire, tornado, or other casualty not the fault of Lessee or any <br />person in or about the Premises with the express or implied consent of Lessee, but not to such an <br />extent that rebuilding or repairs cannot reasonably be completed within 180 days after the date of <br />Lessor's receipt of insurance proceeds in connection with the casualty, this Lease shall not <br />terminate except as provided in subsection below: <br />a. If such damage to the Premises occurs during the Term hereof, Lessor may, at its sole cost <br />and in its sole discretion, proceed to rebuild or repair the Premises to substantially the <br />Page 11 of 20 <br />