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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. Subject 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 taking 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 Casuafty Loss. 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 /> and subject to the terms and conditions of any SNDA executed by Lessor, Lessee and <br /> Lessee's lender,the following provisions shall apply: <br /> a. New Construction Requirements. The design of all portions of the Leased <br /> Premises to be restored and reconstructed shall meet the requirements of this <br /> Lease, and Lessor shall have the same rights of review, comment and approval <br /> with respect to such design as it has hereunder for new construction. <br /> b. Commencement and Completion. Restoration and reconstruction shall commence <br /> by the later of six(6)months after the date of the Casualty or sixty(60)days after <br /> the plans for such construction are approved by Lessor. Thereafter, construction <br /> shall be pursued with all due diligence to substantial completion. <br /> C. Construction Funding. Lessee shall use available proceeds of Lessee's casualty <br /> insurance for the restoration and reconstruction of the Improvements. <br /> 13.03. No Restoration Following Casualty Loss. Notwithstanding the provisions of Section <br /> 13.02, subject to the terms and conditions of any SNDA executed by Lessor, Lessee and <br /> Lessee's lender,the following provisions shall apply: <br /> a. By Agreement. If Lessee and Lessor agree not to restore and reconstruct the <br /> Improvements, either party may elect to terminate this Lease as to the portion of <br /> the Leased Premises affected by the Casualty upon thirty(30)days' written notice <br /> to the other, and the following provisions shall apply: <br /> 14 <br />