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the parties shall have no further obligations to each other. this <br /> Luce shall not tcrminatc. <br /> (b) Partial Taking. If there is a partial taking of <br /> the Leased Premises by eminent domain, this Lease shall not <br /> terminate and there shall be no abatement of Lease Payments <br /> otherwise payable by the City hereunder and the City may either <br /> retain any condemnation proceeds or apply them to repair, rebuild <br /> or restore all or any portion of the Improvements that shall have <br /> been taken as nearly as practicable in full compliance with all <br /> legal requirements and to the same condition, character and at <br /> least equal value and utility to that existing prior to such <br /> taking. <br /> (c) Awards. In any proceeding whereby all or part of <br /> the Leased Premises are taken by eminent domain, all of the <br /> condemnation award shall be paid to the City. Lessor shall have <br /> no claim therein or thereto. The City shall apply such portion of <br /> the condemnation award as may be necessary to make Lease Payments <br /> and to the extent they become due, and may apply any balance of <br /> such award to repair, rebuild or restore all or any portion of the <br /> Improvements that may have been taken as nearly as practicable in <br /> full compliance with all legal requirements and to the same <br /> condition, character and at least equal value and utility to that <br /> existing prior to such condemnation or for other City purposes. <br /> Upon any condemnation, there shall be no abatement of Lease <br /> Payments otherwise payable by City under this Lease. <br /> 12 . 3 Insufficiency of Condemnation Award. If the <br /> condemnation award is insufficient to pay in full the cost of any <br /> Lease Payments or any repair, restoration, modification or <br /> improvement of any component of the Improvements, the City may, <br /> subject to appropriation of sufficient funds, complete the work <br /> and pay any cost in excess of the amount of the condemnation award. <br /> The City shall not be entitled to any reimbursement therefor from <br /> the Lessor nor shall the City be entitled to any diminution of any <br /> Lease Payments otherwise payable hereunder. <br /> 12 . 4 Cooperation of the Lessor. The Lessor shall cooperate <br /> fully with the City and at the expense of the City in filing any <br /> proof of loss with respect to any insurance policy covering the <br /> events described in Articles XII and XIII hereof and in the <br /> prosecution or defense of any prospective or pending condemnation <br /> proceeding with respect to the Improvements or any part thereof <br /> and, to the extent it may lawfully do so, authorizes the City to <br /> litigate in any proceeding resulting therefrom in the name of and <br /> on behalf of the Lessor. In no event will Lessor voluntarily <br /> settle, or consent to the settlement of, any proceeding arising <br /> out of any insurance claim or any prospective or pending <br /> -15- D0T439 91/09/24 <br />