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HomeMy WebLinkAbout1724 i i' . i able to it be in default in the payment of any of its obligations pro- vided for herein, tho Lessor shall h~ve the right to apply such proceeds against al~ existing clefaults to the extent avail~ble oi~ naces;;sry to cure such d~:~'aults. la. Eminent Domain. i P. As to Demised Premises. (1) Total Taking. !f Juring the Lerm of this Lease the entire e se remises shall be taken as a result of the exe.•cise of the power of eminent domain, herein called "Frocecc:ing", this Lease and all right, title and interest ~ o~' tha Lessee hEreun3er shall cease and come to an err3 on ± the daL-c of the ve::ting of title pursuant to such praceed- j ing and the Lessor shall be entitled to and shall receive the total sward ~~ade in such proceedit~ and the Lessee here- by a~solutely assign~ such award to the Lessor. (2) Partial TP':ing. If during the term of :his Lease less than ~ e en re emised Premises shall be taken in any such proceeding, t~iis I.aase shall ter:nlnate as to the part so takEii and the Lessor shall be entitled to and : hall re- ceive ~tie totai award madc in any such proceeding and the Lessee hereby assigns such aaar3 -to Lessor, but tY:e Lesaee in such caQe covenant~ and agrt~es that at Lessee's sole cost and. expensp (sub~ect to reim~urgement as hereinafter provided) promptlr to restox~e, repair and repl~ce those por~ions of the buil.dings on tne Dem~_sed Premi~es not so taken to ccmplete architectural unit~ and replace build- ings to'~.ally taken for the u~e and occupancy of the Lessee as in tZ~is Lease expressed. The Lessor agrees in connec- tton with such restoration to a~ply or cause t~ be applied the net amounf., of any award for daroage ta th~ buildi;~g or buildings on the Demised Fremis~s ~h~t may be recei~?ed by ~ it in any such proceeding toward the cost of such restor- ation and r-eplacement (but the amou~~-, so applied ahall not include the cost of any alteration, construction, change 1 or improvetrwnt the LessPe may desire to make that Its not ~ ! necessary to restore that portion of '~he buildi.nga r~t so ~ taken to E complete architectura~ unit ~r to replace bui?d- ~ ings totally taken to subs*.antially the same u~~~lr~ss, ~ design, and construction as immediately befor~e such taking, ~ it being ur~derstood that nc alteration or change in the ~ basic configuration of the i.inproverr~nt shall be made with- ~ out the approval of the Lessor), anl tre sald net av*ard shall be paid out fron: ti ~ne to time to the Lessee ae such re~t~ration and repldcemant ~rogresses upon the written certificate of the Lessee or of the contractor who has con- tracted 2'c+r the performance of such restor~tion and replace- ment, all in the same manner, and subJect to the sam° pro- v~sion3, as set forth for disbursa.l of funds Por reconstruc- tion anri repair in paragraph 13 d. (1) hereof. {3) Ii' payment of the net award as aforesaid shall not be received by Lessor ir~ t2me to ~ermit payments as - ~ ths work of restora~ion an~ replacemei~t progresses, the Les- ~ see shall, ne~ertheless, perform arnl fully pay for such ~ work iaithout delay (excep~ for vnavoidable delays over ~ahich tne Lessee has no eontrol) ar~d ~.a~rment of the ~mount to ~ which Lessee may be entitled shal~ tt~ereafter be cr~d~ by Les- ~ sor out of said ne~ award as and whQn payment of sucii net award is received by Lessor. If the funcis to be ~pplied by ,'..essor be insufiY cien~ to pay the entir~ cost of such restor- ~ ~tio:~, zi~e Lessze agrEeg Lo pay any def~cier.cy and to dep~s- ~ , it t:~e a~r.ounL of such d~,ficiency, as esi.imated by t~~e chi- ~ ~ -11- a00R 1~ F~Gi ~ ~ LAY~ Oii1C[S OF GOLbF''UN. iRANKLIN. CIIONIN SC?1pANK. P A, 20.0 NONTHEAST 14~ ~o ETRECI. NOR(N M~Aell oEACfI. Oh1UA »IG~ " _ ~ _ . _ *,s'~~~~ ~ 't'