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body by right of eminent domain, this Lease shall terminate as of the date the condemning <br />authority takes possession. <br />12.02. Partial Takiniz. If less than all of the Leased Premises are taken by any public or <br />governmental body by right of eminent domain, and in Lessee's reasonable judgment, the <br />remainder lacks adequate area, location, configuration or improvements to carry out the <br />purposes for which the Leased Premises were leased, Lessee shall have the right to <br />terminate the Lease in its entirety, by giving Lessor written notice within thirty (30) days <br />after the date the condemning authority takes possession. If Lessee does not terminate the <br />Lease, the Lease shall continue in full force and effect as to the remainder of the Leased <br />Premises. <br />12.03. Damage Award for Continuation of Lease. Subject to the terms and conditions of any <br />subordination, attornment and non -disturbance agreement ("SNDA") executed by Lessor, <br />Lessee and Lessee's lender, in the event of a partial taking pursuant Section 12.02 where <br />there is not a termination of this Lease, (i) an amount equal to (a) the amount awarded for <br />the loss of Lessee's leasehold estate, plus (b) the amount awarded for the loss of Lessee's <br />trade fixtures and other tangible personal property, plus (c) the amount awarded for the <br />Improvements and Alterations so taken (which shall not be less than actual costs incurred <br />by Lessee in development and construction of the same) multiplied by a fraction, the <br />numerator of which is the total number of months from the date of the taking until the <br />scheduled expiration of the Term and any renewal thereof and the denominator of which is <br />the total number of months in the Term and any renewal thereof, shall belong to Lessee, <br />and Lessor assigns to Lessee all right, title and interest in and to any and all such <br />compensation; and (ii) the remainder of amounts awarded as damages shall belong to <br />Lessor and, subject to payment of an award to Lessee of amounts due pursuant to (i) above, <br />Lessee assigns to Lessor all right, title and interest in and to any and all such compensation. <br />Lessee is authorized to assert a claim for, and receive, an award and compensation based <br />on (i) above for the taking of Lessee's property. <br />12.04. Damage Award for Termination of Lease. Subj ect to the terms and conditions of any SNDA <br />executed by Lessor, Lessee and Lessee's lender, in the event of a termination of this Lease <br />pursuant to this Section 12, any condemnation award shall be determined and distributed <br />in accordance with the provisions of Section 12.03. The termination of this Lease under <br />this Article 12 shall not affect the rights of the respective parties to such awards and <br />compensation, which rights shall survive termination. <br />12.05. Definition of Taking. As used in this Article 12, a tatting shall include a sale, transfer or <br />conveyance in avoidance or in settlement of condemnation or a similar proceeding. <br />ARTICLE 13: DAMAGE BY CASUALTY <br />13.01. Notice Required. Lessee shall give immediate verbal notice, followed by prompt written <br />notice, to Lessor of any material damage caused to the Leased Premises by fire or other <br />casualty. <br />13.02. Restoration Upon Casualty. Subject to the terms and conditions of any SNDA <br />executed by Lessor, Lessee and Lessee's lender, if the Improvements are wholly or partially <br />destroyed or damaged by fire or any other casualty ("Casualty"), Lessee shall cause the <br />same to be restored and reconstructed with available insurance proceeds (and such other <br />proceeds as are made available to Lessee), unless otherwise agreed by Lessor in writing, <br />14 <br />