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ta) Certain lakin o Not Included. Neither a takinq
of less than ee s s t e nor a nq of 10 per cent or
leas ot tha livfnq units containad upon said lands immediately
prior to the time of takinq shal-1 be conetrued or considered as
a takinq Within the provisions of ll.Z. For the purpoas of this
aection 11.2 (a), a takinq of a candominiwa unit shall be a takinq
where at least 60 per cent of the floor space thereof has been
taken.' .
~ (b). Total Takin . If such takinq shall involve the
takinq of all~o ~ e v nq units contained upon said lands
im~nediately prior to the time of takinq, this leaee shall ter-
minate. effective as of the zlate of takinq.
(c) Partial Takin . If the takinq be greater than
deacribed in . a an ess than the taking deacrited in 11.2
(b) above, the followiriq shall apply:_
(1) Rent. The rent provided in 6.1 shall be reduced,_
effective as of tFe date of takinq, as if the condominium units
totally taken had never been included~in The Declaration of Con-
dominium as set forth herein. -
- (2) Obli ations under 7. The Lessee shall be
entitled to a r uct on o ~s
percentage bf liability for taxes
~ and insurance premiuma, as provided in 7. by eliminatinq from
- the number of livinq units upon the lands of.The Condominium and
from the total number of condominium units of all lands in the
formula provided in 7.7, #~ie number of totally taken livinq units.
12. DESTRUCTION OF LESS$$'S II~+~ROV~MENTS OR TLRMINATION
OF CONDOMINIUM OF WHI H TH8 LSS S$ S IT ASS IA ON.
~ e eatruc on, a terat on, emb. t on or non-use or condition
of the improvements now existing._upaa the lands descrfbed in the
Declaration of Condominium of Windmill Villaqe By The Sea,.
Onit No. 1, or to be constructed thereon in accordance with such
. Declaration and/or.amenclment thereto, once completed, and any
. other structu=es which may hereafter be placed or put thereon,
reqardless of the natnne or event which causes such destructio~,
alteratioi~, demolition, or non-use, except a taking by eminent
domain, as in 11 provfded, ahall not in any way reduce, abate or
I suspend the Lessee's promises hereunder nor shall the sam~e.effect
a termination in whole or in part of this lease. A voluntary or
involuntary termination of The Condominium ahall not terminate
this Lease, but upon texmination of The CondomiAium all of the
unit owners of the condominium property, as unit owners or as
tenants in con~aon, or otherwise, shall automatically and by
, nperation of this lease, jointly and severally, constitute the
Lessee hereunder and shall jointly and severally be obligated
to per~oran each and every of the Lessee's covenants and~promises
and undertakinqs. Upon a unit ownei acquirinq an interest in' ~
the Lesaee's riqhts under thfs lease, whether-by termination-of ~
condominium, his riqhts hereunder may thereafter be assiqned
only if there then be no default in any of the provisians of this
lease and only if such assiqnm~ent be in connectian with a sale,
-transfer or hypothecation of all of his rights in the property .
~which was, prior to teranination, condominium property. Provided,
however, that any firat mortqaqee being a bank, inaurance coa~any,
~or savinqs and loan associatfoa Which has become or becomes a
~u~nit owner or tenant in conmon by foreE~beaae~or deed iA lieu of
~foreclosure, eball not be m~ide lisble or obliqated in any way b~
~provisions of this section but the qrantee of ~uch mortgaqee
~!shall be fully liable and obliqated hereunder. All of the pro-
~'visions of the Declaration of Condominium of Windmill Villaqe
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