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referred to as a taking), Lessor, Lessee and any person or entity having an interest in the award or <br /> awards shall have the right to participate in any such condemnation proceedings or agreement for the <br /> purpose of protecting their interests hereunder. Each party so participating shall pay its own expenses <br /> therein. <br /> 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 /> (01) If this Lease Agreement shall have terminated as a result of such taking: <br /> (a) 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 /> (b) 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 /> (c) 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 right to the Improvements Award. <br /> (02) If this Lease Agreement is not so terminated, it shall remain unaffected except <br /> (a) 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 /> (b) Lessee shall, promptly after such taking and at its expense restore the <br /> Improvements to a complete architectural unit. <br /> (c) 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 /> BURNIS 566679.5 13 of 23 <br />