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HomeMy WebLinkAbout0068 ~pplied the net amo~~nt of any award for damage to the bui~ding or build:~ngs on the Demised Premises that may be rQeeivpd by it in any such proceeding toward the c~st of such restoration and replacement (but the amount so applied st1a11 not include the cost of any alteration, construction, change or improvement the Lessee may desire t~ maka that its not necessary to restore that portion of the buildings not so taken to a complete ar~hitectural unit or t~ replace bui~dings totaZly taken to substantially the same usefu3ness, design, and constructian as immediately before such taking, it being understood that no alteration or change in the basic configuration o£ the improvement shall be made witilout the approvai of the Lessor), and the said net award shall be pai~ out from ti~e to tiMe to the Lessee as such restoration and re~lacement progresses upon the written certificate of the i~sse~ or of the contractor who has contx~acted for the performance of such restoration and r~placement, all in the same manner, ar.d s~bject to the same provisions, as set forth for disbursal of funds for reconstruction a~d repair in paragraph 13 d. (1} hereof. (3) If payment oi the net award as aforesaid 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 fully pay for such work without delay (except for unavoidable deZays ~ver which the Lessee has not control) and payment of the amount to w}:zch Lessee may be entitled shall thereafter be made by Lessor out of said net award as and when payment of such net award is recived by Lessor. If the funds to be appli ed by Lessor be insufficient to ~ay the entire cost of such restor- ation, the L~ssee agrees to pay any deficiency and to depos- it the amount of such deficiency, as estimated by the archi- tect or contained in a contrac~ with Lessor to perform ~uch work, prior to the work being perfor!~?e~. ' (4) From and after the date of vesting of +.itle in such pr~ceeding, ~ just propo?-tion of the rent, accarding to the nature and extent of such taking, shall abate the remainder of the term of this Lease. (5j If after making the payments provided for in Para- graph 15 a(2) there remains any balance in Lessor's hands, it shall be retained by Lessor as its pr~perty. ~ E ' (6) A Takin of Less than Fez Sim le Title. If all or ~ any ~f the emise remises s a e a en y exercise of the right of eminent d~main for governmental occupanc~r for a limited period, this Lease shall not terminate and the i Lessee shall continue to perform and observe alI of its ~ covenants as though such taking had not occurred. In the , event of such a taking the Lessee shall be e~titled to ! receive the entire amoUnt of any award made fcr such taking f (whether Naid by way of damac~e, rent or oth2rwise), unless ~ the period of governrnental occupancy exten~ls beyond the ~ term of this Lease, in which case the award to the extPnt ~ that it represents rent shall be apportioned between the ~ Lessor and Lessee as of covenants th~t at the termination ~ ~ any sueh governmental occupancy, it will, at its cost ~ and expense, restore the improvements on th~ Demised Fremises in as gaod condition as wheii ne~r~, Dut the Lessee shall not ~ be required to do such restoration K~~rk if on or prior to j the date of such termination of governmental occuF~racy the term of this Lease shall be ended. ~ (7) Prora~ion. In the event ~f the termination of i this Lease in full or as to any portion of the Demised Premises as a result of ~ total or partial taking by an ; eminent domain proceeding, the Lessec sha11 pay to the ! Lessor all rent and al~ other charges payable }ay Lessee E with respect to the Demised PremisPs or part thereof so ~ taken justly ap~~ortioned to the daie of taking. ~ f ~ . ~ I ~ . i5~u..~``~...r. w..v . 3 - , c - - ~ ~ ' . ~ _ .