4929 EVERGREEN WAY 911 DRIVING SCHOOL 2016-01-01 MF Import

( 12.3 Abatement of Rent. If tiie Yremises are destroyed or damaeed anc; Landlord repairs or restores them under this section, Tenant shall continue die op::ration of this business in the Premises to the extent reasonably practicable, and the rent payable hereunder for tUe period during which such damage, repair or restoretion continues shall be abated in proportion to the propoition of usable Premises spacc compared to ,he total Yremises space. "l i�e Tenant shall have no claim against Landlord for any damage sufferetl by Tenant oy reason o�' such damage, destruction,repair or restoration. 12.4 Definitiou of "Substantial." For the purpose of +hia S�rtirn 12, "substantial" damage to the Premises shall mean damage to the Premi>e. tLe e�,iima:�.i cost of repa;r of which exceeds thirty percent (30%) of the then estima!ed ieplac�men: �osi of the improvements to the Premises. The good faith determination by Landlord of the estimated cost of repair and replacement cost shall be prima facie evidence for the purpose of this Section. 13. ASSIGNMENT AND SUBLETTING�. Tenant shall not either voluntarily or by operation of law assign, se;l, or othenvise transter this leasc or any of Tenant's rights hereunder, or sublet the Premises or any portion thereof without Landlord's written consent in each instance, which shall be at the Landlord's sole discretion. If Ten�int is a corporation or association, the sale or assignment of any stock or interest in such cor��oration or association (for other than security purposes) in the aggegate in excess of forty-five percent (45%) in any two-year period, shall be deemed an assignment within the meariing and provisions oPthis Section. Tenant agrees to reimburse Landlord for Landlord's reasonable costs and attorney's fees incurred wiih the documeatation of such assignment subletting or other transfer of this lease or Tenant's interest in and to the Premises. 14. CONDEMNATION. 14.1 Entire or Substantial Takine. If the entire Yremises, or so mucL thereof as to make the balance not reasonably adequate for the co��duct of Tenant's business (notwidistlnding restoration by Landlord as herein provided) shall be taken under the power of eminent domain, this lease shall automatically terminate on :he date the condemning authority takes possession. 14.2 Partial Takins. In the event �f any taking under the power of eminent domain which does not so result in a termination of diis ]ease, the monthly rental payable hereunder shall be reduced, effective on the date the condemning authority takes possession, in the same portion as the value of the Premises after the taking relates to the value of the Premises prior to tUe taking. Landlord shall promptly, at its sole expense, resrore the portion of the Premises not taken to as near its former condition as is reasonably possible, and this lease shall continuc in full force and effect. 14.3 Awards. Any award for taking of all or any part of the Premises under the power of eminent domain shall be the property of the Landlord, �vhether such award shall be made as compensation for diminution in value of the leasehold or for taking of the fee. Nothing herein, however, shall be deemed to preclude Tenant from obtaining, or to give Landlord any interest in, any award to Tenant for loss of or damage to or cost of removal of Tenant's trade 8 i I.SCHREIBER COp1MERCIAL LGASE i