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DRS462 <br /> (b) Partial Taking. If a taking of any part of the <br /> Leased Premises by eminent domain renders the Leased Premises <br /> unsuitable, in the judgment of City, for the construction of the <br /> Improvements, or following construction of the Improvements the <br /> use and occupancy of same, this Ground Lease may, at the option <br /> of City, be terminated as of the date when Lessor and/or City, as <br /> applicable, is required to vacate the portion of the Leased <br /> Premises so taken, by written notice given to Lessor not more <br /> than thirty (30) days after City receives notice of the taking. <br /> (c) Awards. In any proceeding whereby all or part of <br /> the Leased Premises are taken by eminent domain, whether or not <br /> City elects to terminate this Lease, all of the condemnation <br /> award shall be paid to City, except that the Lessor 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 Lessor has not previously received <br /> compensation from the City. <br /> 12 .2 Eminent Domain Proceedings Following Payment <br /> Obligation Commencement Date. From and after the Payment <br /> Obligation Commencement Date, the following provisions shall <br /> apply with respect to eminent domain proceedings: <br /> (a) Total Taking. If all of the Leased Premises are <br /> taken by eminent domain, this Lease shall not terminate. <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 <br /> of the condemnation award as may be necessary to make Lease <br /> Payments and to the extent they become due, and may apply any <br /> balance of such award to repair, rebuild or restore all or any <br /> portion of the Improvements that may have been taken as nearly as <br /> practicable in full compliance with all legal requirements and to <br /> the same condition, character and at least equal value and <br /> utility to that existing prior to such condemnation or for other <br /> City purposes. Upon any condemnation, there shall be no <br /> B-13 <br />