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12.04 <br />Division 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 />12.05 <br />Definition 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 />13.01 <br />Notice 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 />13.02 <br />Restoration 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) that portion of the Leased Premises described in Exhibit Ahereto, at <br />Lessee’s option, this Lease shall not terminate but shall be amended to exclude such <br />portion of the Leased Premises and continue the Lease in place with respect to that <br />portion of the Leased Premises described in Exhibit Bhereto; and (ii) that portion of the <br />Leased Premises described in Exhibit Bhereto, at Lessee’s option, this Lease shall not <br />terminate but shall be amended to exclude such portion of the Leased Premises and <br />continue the Lease in place with respect to that portion of the Leased Premises described <br />in Exhibit Ahereto; and, provided further, Lessee may waive termination, in which <br />event, as applicable, (a) Lessor shall rebuild or repair the Lessor Improvements at the Air <br />Carrier Complex, and (b) Lessee shall rebuild or repair Improvements constructed by <br />Lessee, acting with due diligence, and rent shall be abated for the length of time <br />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 payable by 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 />Lessor improvements at the Air Carrier Complex to substantially the condition in which <br />they existed upon the Effective Date. Lessee shall, at its sole cost and risk, be responsible <br />for rebuildingor repairing any damaged Improvements made by Lessee. If the Leased <br />14 <br /> <br />