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,� , , <br />, <br />question shall be submitted to arbitration as provided in Article <br />12 hereof. <br />10.4) If the Premises, or any part thereof, is damaged or <br />destroyed by the willful or negligent conduct of Tenant or its <br />agents, employees, or independent contractors, Tenant sMall <br />promptly repair such damage or replace such improvement so <br />destroyed; provided that if such damage or destruction is caused <br />by negligence and is or would be covered by the insurance <br />required to be procured and maintained by the terms of Article 8 <br />then, to the extent that the cost of repairing or replacing such <br />damage or destruction does not exceed the amounts of such <br />insurance, Tenant shall be relieved from such obligation to <br />repair ar rep�ace. Base Rent and Additional Rent shall not be <br />abated as a result of willful conduct of Tenant or its agents, <br />employees, or independent contractors which result in or cause <br />such damage or destruction. <br />ARTICLE 11. <br />CONDEMI�TATION <br />il.l) If during the Term of the Lease the entire Premises <br />shall be taken as a result of the power of eminent domain, <br />condemnation proceedings, or other like proceedings (the <br />Proceedings), the Lease and all right, title, and interest of <br />Tenant hereunder shall cease and come to an end on the date of <br />taking of possession pursuant to the Proceedings. During the <br />first ten (10) years of the term of this Lease, Tenant shall be <br />entitled to and shall receive the first Forty Thousand and 00/100 <br />Dollars ($40,000.00) of any award which is allocable to the <br />Premises. Landlord shall be entitled to and shall receive that <br />portion of any award which is granted during the first ten (10) <br />years of the Term of this Lease allocable to the Premises in <br />excess of Forty Thousand and 00/100 Dollars ($40,000.00) and the <br />entire portion of any award allocable to the Premises granted <br />after the first ten (10) years of the Term of this Lease. In <br />addition, at all times during the Term of this Lease, Landlord <br />shall be entitled to and shall receive the total award in the <br />Proceedings which are not allocable to the Premises. <br />11.2) If during the Term less than the entire Premises, but <br />twenty-five percent (25�) or more of the Improvements (calculated <br />by the number of square feet of floor space) or fifty percent <br />(50°s) or more of the Land shall be taken by the Proceedings, the <br />Lease shall, upon taking of possession pursuant to the <br />Proceedings, terminate as to the portion of the Land and <br />Improvements so taken, and Tenant may terminate the Lease as to <br />the remainder of the Premises. Such termination as to the <br />remainder of the Premises shall be�effected by a notice to <br />Landlord in writing given not more than sixty (60) days after the <br />date of taking of possession pursuant to such Proceedings, and <br />shall specify a date nt�t more than sixty (60) days after the <br />giving of such notice as the date of such termination. Upon the <br />E;� <br />