HomeMy WebLinkAbout1573 applied the ~et amount of any award for damage to tl~e
building or bui~dings on the Demised Premises that may be
received by~it in any such proceedin~ toward the cost
of such restoration and replacement (but the amount so
applied sha11 not include the cost of a~y alteration,
construction, change or improvement the Lessee may des;re
to make that its not necessary ta restore that portion of
~ the buildings not so take~ to a complete architectural
unit or to replace buildir~gs totally taken to substantially
the same usefulr.ess, design, and canstruction as immediately
before such taking, it being understood that no alteration
or change in the basic configuration of the ~mprovement
shall be made without the approval of the Lessor), and the
said net a~ard 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 c,antr3cted for the performar.ce of such
restoration and replacement, all in the ~ame manner, and
subject to the same provisions, as set forth for disbursal
of funds for reconstruction and repair in paragraph 13 d.
(I) hereof.
(3) If payment of 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 (cxcept for unavoidable delays over which
the Lessee has not control) and payment of the amount to
which Lessee may be entitled shall thereafter be made by '
Lessor ou~ 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 pay the entire cost of such restor-
ation, the Lessee agrees to pay any deficiency and to depos-
it the amount of such deficiency, as estimated by the archi-
tect or contained in a contract with Lessor to perform such
work, prior to the work being performed.
(4) From and after the date of vesting of title in
such proceeding, a just proportion of the rent, according
to ~he nature and exter.t of such taking, shall abate the.
remainder of the term of this Lease.
{5) If after making the payments provided for in Para-
graph 1~ a(2) there remains any balance in Lessor~s hands,
it shall be retained by Lessor as its property.
~6) A Takin of Less than Fee Sim le Title. If all or
any of the mzse remises s a e a en y exercise of
the right of eminent domain for governme:~tal occupancy for
a limited period, this Lease shall nc,t terminate and the
Lessee shall continue to perform and observe all of its
covenants as though s~ch 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 fcr such taking
(whether paid by way c~f damage, rent or othervyise), unless
the period of government~l 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 covenants that at the termination
of any such governmental occupancy, it will, at its cost
and expense, restore the improvements on the Demised Premises
in as good condition as when new, but the Lessee shall not
be required Lo do such restoration work if on or prior to
the date of such termination of govern~nental occupancy the
term of this Lease shall be ended.
(7) Proration. In ~he event of the termination of -
this Lease in fu11 or as to any portion of the Demised
Premises as a result of a total cr partial taking by an
eminent domain proceeding, the Lessee shall pay to the
Lessor all rent and aIl other charges payable by Lessee
with respect to the Demised Premises or part thereof so
taken justly apportioned to the date of taking.
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