HomeMy WebLinkAbout0852 applied th~ net amount of any award for damage ta the
building or buildings on the Demised Premises that may be
received by it in any such proceeding toward the cost
of such restoration and rQplacement (but the amount so
applied shall not include the cost of any alteration.
construction~ change or improvement the Lessee may desire
to~make that its not necessary to restore that portion of
~ the buildings not so taken to a complete architecturaT
unit or to replace buildings totally taken to substantially
the same usefulness~ design. and construction as immediately
before such taking~ it being understood that no alteration
or change in the basic configuration of the improvement
~ shall be made without the appr~val 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 certi-ficate of the Lessee or of the
contractor who has contracted for the performance of such
restoration and replacement, all in the same manner, and
subject to the same provisions, as set forth for disbursal
of funds Eor reconstruction and repair in paragraph 13 d.-
(1) hereof .
(3) If payment oE the net award as aforesaid shall
not be received by Lessor in time to permit payments as
the work of resto~cation and replacement progresses, the Les-
see shall, nevertheless, perform and fully pay for such
wark without delay (except 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~t of said net award as and when payment of such net
award is recived by L~ssor, 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 the nature and extent of s~ch taking, shall abate the
remainder of the term of this Lea~e.
(5) 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 property.
.
(6) A Takin of Less than Fee Sim le Title. If all or
any of the emise remises s a e a e~ y exercise of
the right of eminent domain for governmental occupancy for
a limited period, this Lease shall not terminate and the •
Lessee shall continue to perform and_ observe all of i ts
covenants as though such takirg had not occurred. In the ,
event of such a taking the Lessee shall be entitled to
' receive the entire amount of any award madz fcr such taking
(whether paid by way of damage, rent or otherwise), unless
the period of governmental occupancy extends beyond the
term of this Lease, in which case the award to the exte~t
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 to do such restoration work if on or prior to
the date of such termination af governmental occupancy the
term of this Lease shall be ended.
(7) Proration. In the event of th~ termination of
- this Lease in u or as to any portion of the Demised
Premises as a result of a total or partial taking by an
eminent domain proceeding, rhe Lessee shall pay to the
Lessor all rent and all other charges payable by Lessee
with respect to the Demised Premises or part fihereof so
taken justly apportioned to the date of taking.
Boo~223 ~E 852