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<br /> B. Partial: If any part of the demised premises or all or part <br /> of the Airport shall be taken as condemned, and the partial <br /> taking shall render that portion of the demised premises not <br /> so taken unsuitable for the business of Lessee, then this <br /> Lease and the term herein shall cease and terminate. If the <br /> partial taking does not render the premises unsuitable for <br /> the business of Lessee, then this Lease shall continue in <br /> effect. <br /> c. If this Lease is terminated as provided in this section, <br /> rent shall be paid up to the date that possession is so <br /> taken by public authority, and Lessor shall make an <br /> equitable refund of any rent paid by Lessee in advance. <br /> D. Award: Lessee shall not be entitled to and expressly waives <br /> all claim to any condemnation award for any taking, whether <br /> whole or partial, and whether for diminution in value of the <br /> leasehold or to the fee although Lessee shall have the <br /> right, to the extent that the same shall not reduce Lessor's <br /> award, to claim from the condemnor, but not from Lessor, <br /> compensation as may be recoverable by Lessee in its own <br /> right for damage to Lessee's business and fixtures. <br /> ARTICLE IX. <br /> Ronliability for Certain Damages <br /> 9.1. Lessee acknowledges and agrees that Lessee takes the Leased <br /> Premises in an "as is" condition and as such Lessor shall not be <br /> liable to Lessee for any injury to person or damage to property <br /> caused by the Leased Premises resulting from or out of repairs <br /> made to the Leased Premises, or by gas, water, steam, <br /> electricity, or oil leaking or escaping into the Leased <br /> Premises, or oil leaking or escaping into the Leased Premises at <br /> the time of execution of this Lease. <br /> ARTICLE X. <br /> Access to Premises <br /> 10.1. Lessor shall have the right to enter upon the Leased Premises at <br /> all reasonable hours for the purpose of inspection. Lessor <br /> shall not be liable to Lessee for any expense, loss, or damage <br /> from any such entry upon the Leased Premises, except as caused <br /> by Lessor's own negligent acts on the Leased Premises. <br /> ARTICLE XI. <br /> Damage by Casualty <br /> 11. 1. Lessee shall give immediate written notice to Lessor of any <br /> damage caused to the Leased Premises by fire or other casualty. <br /> 11. 2. If the Leased Premises shall be damaged or destroyed by fire or <br /> other casualty so as to render the building untenantable, then <br /> Lessor may elect either to terminate this Lease without <br /> liability to Lessee, at which time Lessee shall immediately <br /> vacate the premises, or to proceed to rebuild and repair the <br /> improvements. Lessor shall give written notice to Lessee of <br /> such election within 30 days after the occurrence of such <br /> casual ty and, if it elects to rebuild and repair, shall proceed <br /> to do so with reasonable diligence and at its sole cost and <br /> expense. <br /> 11. 3. Lessor's obligation to rebuild and repair under this article <br /> shall be limited to restoring the damaged portion of the Leased <br /> Premises to substantially the condition in which Lessor had <br /> placed the Leased Premises at the time of Lessor's tender of <br /> possession thereof to Lessee hereunder, as modified by ordinary <br /> wear and tear preceding such damage or destruction. Lessee <br /> agrees that, promptly after completion of such work by Lessor, <br /> it will proceed with reasonable diligence and at its sole cost <br /> and expense to rebuild, repair and restore its signs, fixtures, <br /> equipment and any other work necessary to open the Leased <br /> Premises for business. <br /> -6- <br />