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ARTICLE XI: EMINENT DOMAIN <br /> 11. 1 Eminent Domain Proceedings Prior to Payment Obligation <br /> Commencement Date. Prior to the Payment Obligation Commencement <br /> Date as defined in the Lease, the following provisions shall <br /> apply with respect to eminent domain proceedings: <br /> (a) Total Taking. If all of the Leased Premises are taken <br /> by eminent domain, this Ground Lease shall terminate as of the <br /> date Lessee and/or City, as applicable, is required to vacate the <br /> Leased Premises, and the City shall have no further obligation <br /> hereunder. <br /> (b) Partial Taking. If a taking of any part of the leased <br /> Premises by eminent domain renders the Leased Premises un- <br /> suitable, in the judgment of the City, for the construction of <br /> the Improvements, or following construction of the Improvements <br /> the use and occupancy of same, this Ground Lease may, at the <br /> option of the City, be terminated as of the date when Lessee <br /> and/or City, as applicable, is required to vacate the portion of <br /> the Leased Premises so taken, by written notice given to Lessee <br /> not more than thirty (30) days after City receives notice of the <br /> taking. <br /> (c) Awards. In any proceeding whereby all or part of the <br /> Leased Premises are taken by eminent domain, whether or not City <br /> elects to terminate this Ground Lease, all of the condemnation <br /> award shall be paid to City, except that the Lessee shall be <br /> entitled to that portion of the award, if any, made in <br /> compensation for the value of the Improvements on the Leased <br /> Premises for which Lessee has not previously received <br /> compensation from the City. <br /> 11. 2 Eminent Domain Proceedings Following Payment <br /> Obligation Date. From and after the Payment Obligation <br /> Commencement Date, the following provisions shall apply with <br /> respect to eminent domain proceedings: <br /> (a) Total Taking. If all of the Leased Premises are taken <br /> by eminent domain, this Ground Lease shall not terminate as of <br /> the date the City defeases its obligations under the Lease. <br /> (b) Partial Taking. If there is a partial taking of the <br /> Leased Premises by eminent domain, this Lease shall not terminate <br /> and there shall be no abatement of Lease Payments otherwise <br /> payable by the City hereunder and the City may either retain any <br /> condemnation proceeds or apply them to repair, rebuild or restore <br /> all or any portion of the Improvements that shall have been taken <br /> as nearly as practicable in full compliance with all legal <br /> -7- D0T440 91/09/24 <br />