Laserfiche WebLink
request, of the status of such negotiations. In the event an Event of Default exists, or events exist <br />that would constitute an Event of Default with notice, the passage of time or both, Tenant shall <br />have no rights under this paragraph. <br />ARTICLE 13 <br />CONDEMNATION <br />13.1 Restoration. <br />(a) Except in the case of a Substantial Taking as set forth in Section 13.2, Tenant <br />covenants and agrees that in the case of a portion of the Premises being taken or condemned as <br />the result of the exercise of the power of eminent domain or by purchase in lieu of the exercise of <br />the power of eminent domain ("Taking") occurring after the Commencement Date and before <br />the Expiration Date, Tenant shall restore, repair, replace and rebuild the Premises as nearly as <br />possible to its condition immediately prior to such Taking to the standards of equivalent <br />buildings in the City, with such Tenant requested changes or alterations (made in conformity <br />with Article 18 hereof) as may be reasonably acceptable to Landlord (to the extent that Landlord <br />is entitled to approve such changes or alterations) or required by Applicable Laws. Such <br />Restoration, as defined in Section 12. 1, including the cost of temporary repairs for the protection <br />of the Premises, or any portion thereof, shall be carried on and completed in accordance with the <br />provisions and conditions of this Section and Article 18 hereof and Applicable Laws. The <br />Condemnation Award shall be paid to Landlord or, if required by the Mortgagee, to the <br />Mortgagee, to be held in accordance with the terms of the Mortgage. Provided no Event of <br />Default exists, the Condemnation Award shall be released by the Landlord or Mortgagee, as <br />applicable, and applied to the payment of the cost of the Restoration, in accordance with the <br />terms of Exhibit C attached hereto and incorporated herein (which may not be modified or <br />amended without the prior written consent of Tenant). <br />(b) Notwithstanding anything to the contrary herein contained, if the condemnation <br />proceeds shall be insufficient to pay the entire cost of the Restoration, Tenant shall pay any <br />deficiency. Upon completion of the Restoration, so long as this Lease has not been terminated <br />by Tenant pursuant to Section 13.2, then Tenant shall be entitled to that portion of the proceeds <br />from a Taking representing loss of use of the Property for the balance of the Term. Any other <br />remaining proceeds from a Taking shall belong to Landlord. In the event of a Restoration by <br />Tenant, Tenant's rights to said condemnation proceeds shall survive expiration of the Term. <br />(c) Tenant shall have the limited right to seek in the Taking proceedings, and to <br />receive, any award which may be made for damages to or compensation for Tenant's trade <br />fixtures, equipment, personal property (none of which are a part of the Premises covered by this <br />Lease) and for Tenant's relocation costs in connection therewith. <br />(d) Tenant's right of possession under this Lease shall, upon taking of possession by <br />the condemning authority, terminate as to the portion of the Premises so taken, but there shall be <br />no diminution or abatement in Monthly Rent or in Tenant's other obligations hereunder unless <br />Landlord receives such Rent from rent -loss insurance purchased by Tenant. <br />22 <br />