2022/05/18 Council Agenda Packet

24.1. Constructive Taking of Entire Premises In the event of a taking of a material part of, but less than all of the Building, where Lessor shall reasonably determine that the remaining portions of the Building cannot be economically and effectively used by it (whether on account of physical, economic, aesthetic or other reasons). Lessor shall forward a written notice to Lessee of such determination not more than thirty (30) days after the date of taking. The term of this Lease shall expire upon such date, as Lessor shall specify in such notice but not earlier than thirty (30) days after the date of such notice. 24.2. Partial Taking In case of taking of a part of the Premises, or a portion of the Building not required for the reasonable use of the Premises, then this Lease shall continue in full force and effect and the Rent shall be equitably reduced based on the proportion, if any, by which the floor area of the Premises is reduced, such Rent reduction to be effective as of the date title to such portion vests in the condemning authority, 24.3. Termination by Lessor In the event that title to a part of tile Building other than the Premises shall be so condemned or taken and if, in tile opinion of the Lessor, the Building should be restored in such a way as to alter the Premises materially, the Lessor may terminate this Lease and the term and estate hereby granted by notifying the Lessee of such termination within sixty (60) days following the date of vesting of title, and this Lease and the term and estate hereby granted shall expire on the date specified in the notice of termination, not less than sixty (60) days after the giving of such notice, as fully and completely as if such date were the date set for the expiration of the term of this Lease, and the Rent hereunder shall be apportioned as of such date. 24.4. Awards and Damages Lessor reserves all rights to damages to the Premises for any partial, constructive, or entire taking by eminent domain, and Lessee hereby assigns to Lessor any right Lessee may have to such damages or award, and Lessee shall make no claim against Lessor or the condemning authority for damages for termination of the leasehold interest. Lessee shall have the right, however, to claim and recover from the condemning authority compensation for any loss to which Lessee may be put for Lessee's moving expenses, business interruption or taking of Lessee's personal property (not including Lessee's leasehold interest), provided that such damages may be claimed only if they are awarded separately in the eminent domain proceedings and not out of or as part of the damages recoverable by Lessor. ADVERTISING & SIGNS 25. Lessor must approve any signs in the common and public areas in advance in writing. Without Lessor's prior written consent, Lessee shall not inscribe or post, place, or in any manner display Page 1 7 LEASE AGREEMENT