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~ tect or aontained in a contract with Leseor to per!'orm auob
work, prior to the work being per!'ormed.
~ (4 ) From and after the date of vesting ot' title in .
auoh proceeding, a~ust proportion ot tha rent, according
to the nature and extent of such taking, ehall abats the re- ~
~ ~ : ~ . mainder ot the term of thia Lease.
. ( S) ar after making the pa~yments provided !'or in Para-
~ graph 15 a(2) there remains any balance in Lesaor'a handa,
it shall be retained by Lesaor as its property.
- (6 ) A Taking of I.ess than Fee Simple Title. If a21 or
any of the em se rem ses s a e en y exercise oP
the right o!' eminent domain for governmental occupancy for
. a limited period, this Lease shall not terminate and the Les-
see shall continue to perform and observe all of its cove-
nants as tl~ough such taking had not occurred. In the event
~ of such a taking the Lessee shall be entitled to receive the
entire amount of any award made for such taking (whether paid
_ by way of daraage, rent or otherwise), unless the period of
_ governmental occupancy extends beyond the term of this Lease,
in which case the award to the extent that it represents
~ rent shall be apportioned between the Lessor and Lessee as of
the date oP the end of the term of this Lease. The Lessee
~ covenants that at the termination of any such governmental
occupancy, it will, at its cost aryd expense, restore the im-
provements on the Demised Premises in as good condition as
. when new, but the Lessee shall not be required to do such
restoration wark if on or prior to the date of such ter-
mination of governmental occupancy the term of this Leaae
shall be ended.
; (7) Proration. In the event of the termination of•
s • . this Lease n or as to any portion of the Demised
; . Premises as a result of a total or partial•taking by an
F eminent domain proceeding, the Lessee shall pay to the
~ Lessor all rent and all other charges payable by I.esaee
i with respect to the Demised Premises or part thereof so
` • - - ~ _taken Justly apportioned to the date of taking.
~ . ~ - _ .
~ b. As to the Lessee's Premises. If, during the term of
~ - this Lease ere s a e a a ng of all or a portion of the •
~ . landa described in the Declaration of Condominium of COIANNADES
F . OONDOMINIUMS N0. 4 the following shall apply:
~
~ ~
~ ~ _ (1) ~ertain Takings Not Included. Neither atta~d ng
H, of less than e~e s mp e e nor a a ng of ten 10~)
~ percent or less of the apartment units contained upon said
~ lands immediately prior to the time oP taking shall be con-
~ strued or considered as a taking. For the purpose oP this
~ . paragraph, a taking of an apartment unit shall have occurred
where at least sixty (60~) percent oP the floor space thez~a-
~ ~ oP has been taken. ~
T~ (2} Total Takin~. IP such taking shall involve the •
~ taking of a o e apartment units contained upon said
~ ~ lands immediately prior to the time of taking, this Lease
shall terminate, effective as of the date of taldng.
(3} Partial Taking. If the taking-be greater than -
described ~n aragrap 5 b. 1 and less than the taking
_ . - describe~ in Paragraph 15 b. f2~, above, the rent provided
in Paragraph 4 shall be reduced effective as of the date of
taking, by a percentage figure equal to the percentage
~ interest in the common elements and in the common surplua
attributable to the corxiominium units taken, provided, however, :
that all other provieions of thia Lease ~hall remain in `
t1,i11 force and efPect.
- -12- 600K1e~ PACE~C7~ ;
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