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12.04 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 Lessee's <br /> leasehold interest, fixtures and other tangible personal property if a separate award for such items <br /> is made to Lessee. The termination of this Lease under this section shall not affect the rights of the <br /> respective parties to such awards. <br /> 12.05 Definition of Takiniz. 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 Notice Required. Lessee shall give immediate verbal notice (within one [1] hour of knowledge), <br /> followed by prompt written notice,to Lessor of any material damage caused to the Leased Premises <br /> by fire or other casualty. <br /> 13.02 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 receipt <br /> of insurance proceeds in connection with the casualty,this Lease shall terminate, and rent <br /> shall be abated from the date of the casualty.Lessee may waive termination,in which event <br /> Lessor shall rebuild or repair the Leased Premises with due diligence, and rent shall be <br /> abated for the length of time necessary for the reconstruction or repairs based on the <br /> proportion of the Leased Premises rendered unusable as compared to the entire Leased <br /> Premises, but there shall be no abatement of any other amounts payable by Lessee under <br /> the terms of this Lease. <br /> b. If the Leased Premises are damaged by fire,tornado or other casualty not the fault of Lessee <br /> or any person in or about the Leased Premises with the express or implied consent of <br /> Lessee,but not to such an extent that rebuilding or repairs cannot reasonably be completed <br /> within 180 working days after the date of Lessor's receipt of insurance proceeds in <br /> connection with the casualty, this Lease shall not terminate except as provided in <br /> subsection c below. <br /> C. If such damage to the Leased Premises occurs,Lessor shall proceed to rebuild or repair the <br /> Leased Premises and any damaged Lessee Improvements,to substantially the condition in <br /> which they existed upon the Effective Date. If the Leased Premises are untenantable in <br /> whole or in part following such damage,the rent payable during the period in which they <br /> are untenantable shall be adjusted based on the proportion of the Leased Premises rendered <br /> unusable as compared to the entire Leased Premises,but there shall be no abatement of any <br /> other amounts payable by Lessee under the terms of this Lease. In the event that Lessor <br /> fails to complete such rebuilding or repairs within one hundred eighty(180)working days <br /> after the date of Lessor's receipt of insurance proceeds in connection with the casualty, <br /> Lessee may terminate this Lease as to the portion of the Leased Premises affected by the <br /> casualty or in its entirety upon thirty (30) days' written notice to Lessor, in which event, <br /> except for obligations of the parties which survive termination, the parties shall have no <br /> -13- <br />