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12.03Rent. If this Lease is terminated as provided in this section, rent shall be paid up to the date that <br />title vests in the condemning authority, and Lessor shall make an equitable refund of any rent <br />paid by Lessee in advance. <br />12.04Division of Award: Lessor and Lessee shall each be entitled to receive and retain separate awards, <br />or portions of lump sum awards, as are allocated to their respective interests in the condemnation <br />proceeding. Without limiting the generality of the preceding sentence, Lessor has no interest in <br />any award made to Lessee for Lessee’s moving and relocation expenses or for the loss of <br />Lessee’s leasehold interest, fixtures and other tangible personal property if a separate award for <br />such items is made to Lessee. The termination of this Lease under this section shall not affect the <br />rights of the respective parties to such awards. <br />12.05Definition of Taking. As used in this Article 12, “taken” or “taking” shall include a sale, transfer <br />or conveyance in avoidance or in settlement of condemnation or a similar proceeding. <br />ARTICLE 13: DAMAGE BY CASUALTY <br />13.01Notice Required. Lessee shall give immediate verbal notice, followed by prompt written notice, <br />to Lessor of any material damage caused to the Leased Premises by fire or other casualty. <br />13.02Restoration Upon Casualty Loss. <br />a.If the Leased Premises are totally destroyed by fire, tornado or other casualty not the fault <br />(in whole or in part) of Lessee or any person in or about the Leased Premises with the <br />express or implied consent of Lessee, or if not totally destroyed, if the Leased Premises <br />should be so damaged by such a cause that rebuilding or repairs cannot reasonably be <br />completed within one hundred eighty (180) working days after the date of Lessor’s <br />receipt of insurance proceeds in connection with the casualty, this Lease shall terminate, <br />and rent shall be abated from the date of the casualty; provided, in the event the casualty <br />relates to (i) the FBO Space but not the Fuel Facilities and Self Service Facility, at <br />Lessee’s option, this Lease shall not terminate but shall be amended to exclude the FBO <br />Space and continue the Lease in place with respect to the Fuel Facilitiesand Self Service <br />Facility; and (ii) the Fuel Facilities and/or Self Service Facility, at Lessee’s option, this <br />Lease shall not terminate but shall be amended to substitute replacement facilities at a <br />location reasonably approved by Lessee or to include the Fuel Facilities and/or Self <br />Service Facility in the Hangar Lease or other leasehold of Lessee at the Airport; and, <br />provided further, Lessee may waive termination, in which event Lessor shall rebuild or <br />repair the Leased Premises with due diligence, and rent shall be abated for the length of <br />time necessary for the reconstruction or repairs based on the proportion of the Leased <br />Premises rendered unusable as compared to the entire Leased Premises, but there shall be <br />no abatement of any other amounts payableby Lessee under the terms of this Lease. <br />b.If the Leased Premises are damaged by fire, tornado or other casualty not the fault of <br />Lessee or any person in or about the Leased Premises with the express or implied consent <br />of Lessee, but not to such an extent that rebuilding or repairs cannot reasonably be <br />completed within 180 working days after the date of Lessor’s receipt of insurance <br />proceeds in connection with the casualty, this Lease shall not terminate except as <br />provided in subsection c below. <br />c.If such damage to the Leased Premises occurs, Lessor shall proceed to rebuild or repair <br />the Leased Premises to substantially the condition in which they existed upon the <br />14 <br /> <br />