7.3 SR 03-01-2021 - Laserfiche WebLink

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applicable, and applied to the payment of the cost of the Restoration, in accordance with the terms of Exhibit C attached hereto and incorporated herein (which may not be modified or amended without the prior written consent of Tenant). (b) Notwithstanding anything to the contrary herein contained, if the condemnation proceeds shall be insufficient to pay the entire cost of the Restoration, Tenant shall pay any deficiency. Upon completion of the Restoration, so long as this Lease has not been terminated by Tenant pursuant to Section 13.2, then Tenant shall be entitled to that portion of the proceeds from a Taking representing loss of use of the Property for the balance of the Term. Any other remaining proceeds from a Taking shall belong to Landlord. In the event of a Restoration by Tenant, Tenant's rights to said condemnation proceeds shall survive expiration of the Term. (c) Tenant shall have the limited right to seek in the Taking proceedings, and to receive, any award which may be made for damages to or compensation for Tenant's trade fixtures, equipment, personal property (none of which are a part of the Premises covered by this Lease) and for Tenant's relocation costs in connection therewith. (d) Tenant's right of possession under this Lease shall, upon taking of possession by the condemning authority, terminate as to the portion of the Premises so taken, but there shall be no diminution or abatement in Monthly Rent or in Tenant's other obligations hereunder unless Landlord receives such Rent from rent -loss insurance purchased by Tenant. 13.2 Substantial Taking. Notwithstanding the provisions of Section 13.1, above: (a) In the event of a "Substantial Taking" (as herein defined and as determined under paragraph of this Section) which occurs during the Term, Tenant shall have the options set forth in Section 13.2. (b) For purposes of this Lease, "Substantial Taking" shall mean a Taking that is at least 25% of the fair market value of the Premises prior to the Taking (assuming that the Premises were in the condition in which they were required to be maintained pursuant to this Lease), and that, in the reasonable good faith opinion of the Tenant, makes the Premises unfit for Tenant's use and cannot be restored with due diligence within one hundred eighty (180) days from the date of the architect/engineer's determination, as set forth below. Tenant will select an architect/engineer reasonably acceptable to Landlord and Mortgagee to determine within sixty (60) days after the Taking a reasonable estimate of the time to restore the Taking and whether the Taking is a Substantial Taking. If the architect/engineer makes a reasonable good faith determination that in its opinion a Substantial Taking of the Premises has occurred, then Tenant shall within thirty (30) days after the architect/engineer provides notice of its determination that a Substantial Taking has occurred, give written notice to Landlord and Mortgagee that Tenant has elected to either: (i) Offer to purchase the Premises for a purchase price (the "Purchase Price") equal to the sum of: (i) the Termination Value, as set forth on Exhibit E attached hereto and made a part hereof, (ii) all unpaid Rent and any other amounts owing under this Lease as of the date of such purchase, 23