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9.2) Taking - If, at any time during the term of this Lease Agreement, there shall be a <br />taking of the whole or substantially all of the Leasehold Property, this Lease Agreement shall <br />terminate and expire on the date of such taking and the rent and Additional Rent hereunder shall be <br />apportioned and paid to the date of such taking. For the purpose of this Article "substantially all of <br />the demised premises" shall be deemed to have been taken if the untaken part of the demised premises <br />shall be insufficient for the economic and feasible operation thereof by Lessee for the purposes set <br />forth in this Lease Agreement. <br /> <br />(01) If this Lease Agreement shall have terminated as a result of such taking: <br /> <br />(a) <br /> <br />If at the time of such taking Lessee shall have erected or be engaged in the <br />erection of the Improvements, Lessee shall be entitled to that part of the <br />award which shall be specifically attributable by the condemnation court (or <br />condemnation commissioner or other body authorized to make the award) to <br />the Improvements (the "Improvements Award"). <br /> <br />(b) <br /> <br />Lessor shall be entitled to the award for the Leasehold Property and for <br />consequential damages to and diminution of the assemblage or plottage value <br />of the Leasehold Property not so taken. <br /> <br />(c) <br /> <br />If this Lease Agreement is terminated as a result of such taking during the last <br />five (5) years of the term hereof, Lessor shall be entitled to the award for the <br />Leasehold Property and the entire Improvements Award and Lessee shall have <br />no interest in or fight to the Improvements Award. <br /> <br />(02) If this Lease Agreement is not so terminated, it shall remain unaffected except <br /> <br />(a) <br /> <br />The rent shall be reduced by an amount which bears the same proportion to <br />the annual rent immediately prior to the partial taking as the rental value of the <br />part of the Leasehold Property so taken bears to the rental value of the whole <br />Leasehold Property immediately prior to such taking. <br /> <br />(b) <br /> <br />Lessee shall, promptly after such taking and at its expense restore the <br />Improvements to a complete architectural unit. <br /> <br />(c) <br /> <br />Lessor shall be entitled to the award for the Leasehold Property taken and for <br />consequential damages to and diminution of the assemblage or plottage value <br />of the Leasehold Property not so taken. <br /> <br />(d) <br /> <br />If at the time of such taking Lessee shall have erected or be engaged in the <br />erection of the Improvements, the entire Improvements Award, as defined in <br />subdivision (a) of Section 9.2(01) hereof, shall be the property of Lessee. In <br />addition, Lessee shall be entitled to any award for consequential damages to <br />the part of the Improvements which shall be undertaken. <br /> <br />BURNIS 566679.3 13 of 22 <br /> <br /> <br />