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able to it be in default in the peyment of any of ite obligations pro-
~ vided for herein, the I.essor shall have the right to apply auch proceeds
against all existing defaulta to the extenti ave?ilab3,s or necesaary to ~
aure such defaults. ~
~ • . 15. Eminent Dorr~in.
a. As to Demised Premises. '
. • (1) Total Taking. If during the term of this Lease
. the entire~e
isecTFremises ahall be taken as a result of
~ tha exercis~ of the power of eminen~ domain, herein called
"proceedtng", this Lease and all right, title and interest s
' n _ ~ _1 L ~ 1 1 ~ a. _ a
. ~ V1 ViIC L~t;Y:3Ct3 IICi'C~.l[l~l~~= .~t1At.L ~;Ga?7G 0?1t1 t;V111C bV 'Ct~l G[il Vn
• ~ the date of the vestin~ of title pursuant to such proceed-
ing and the Lessor shall be entitled to and shall receive
the total award made in such proceeding and the Lesaee here-
by absolutely assigns such award to the Lesaor.
,
( 2) Partial Taking. If during the term of this Lease ~
less than e en re emised Premises shall be taken in ar~y
such proceeding, this Lease shall terminate as to the part .
• so taken and the Lessor shall be entitled to and shall re-
ceive the total award made in any such proceeding and the
~ Lessee hereby assigns such award to Lessor, but the Lessee •
in such case covenants and agreea that at Lessee's sole
. ` . ~ cost and expense (sub~ect to reimbursement as hereinafter
provided) promptly to resto~e, repair and replace those
. • .portions of the buildings on the Demised Premises not so
_ taken to complete architectural units and replace build-
E ~ ings totally taken for the use and occupancy of the Lessee ~
; ~ ~ ~ as in thia Lease eapressed. The Lessor agrees in connec-
~ ~ ~ tion with such restoration to apply or causs to be appli ed
~ . - the net amount of any award for damage to the building or
; . buildings on the Demised Premises that may be received by
~ ~ - it in any such proceeding toward the cost of such restor-
~ - • ation and replacement (but the amount so applied ahall.not
~ ~ - include the cost of any alteration, construction, change
~ or improvement the I~essee may desire to make that its not
u necessary to restore that portion o~:the buildings n~t so
k . taken to a complete architectural unit or to replace build- -
; ings totall~y taken to substantially the same usefulness,
~ desi~n, and construction as immediately before such taking,
.
' ~ it being underatood that no alteration or change in the
~u basic configuration of the improvement shall be made with-
~ out the a
~ pproval of the Lessor), and the said net award
~ ~ shall be paid out from time to time to the Lessee as such
~ ~ restoration and replacement progresses upon the written
~ ~ ~ certificate of the Lessee or of the contractor who has con-
~ tracted for the performance oP such restoration and replace-
. ment, all in the same manner, and sub~ect to the same pro-
= visions, as set forth for disbursal of funds i'or reconstrue-
~ tion arxi repair in paragraph 13 d. (1} hereof.
~ ~ . (3) If payment of the net award as a£oresaid shall
_ ~ not be received by Lessor in time to permit payments as
_ the work of restoration and replacement progresses, the Les-
- ~ see shall, nevertheless, perform and ~lly pay for such
= ~ work without delay (except for unavoi~able delays over which '
. ~ the Lessee has no control) and payment Qf the amount to
= ~ wnich Lessee may be entitled shall thereafter be made by Les-
sor out of said net award as and when payment oP such net
- ~ award is received by Lessor. If the funds to be applied by
. Leasor be insufficient to pay the entire cost of such restox,-
. . ation, the Lesaee agrees to pay ar~y deficieney aryd to depos-
= it th~e am~ount of such deficiency, as estimated by the archi-
w
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tAW OiFtCE~ 0/ GOlD67EIN, FRANKLIN, GNONIN ~ iCMRANK. P.A,. 3020 NORTMEAiT 1{~~O STRt[T, NOR7M MIAMI BEAGM, it,f~°!,%r.
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