HomeMy WebLinkAbout0924 applied 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 restoration and replacement (but the amount so
applied shall not include the cost af any a2teration.
- constructio~~ 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 architectural
unit or to replace buildings totally taken to substantially
the same usefulness, design~ and co~struction as immediately
before such taking, it being understood that no al~eration
or change in the basic configuration of the improvement
shall be made without the approval 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 hascontracted 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 for reconstruction and repair in paragraph 13 d.
(1) 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 replaceme~t progresses, the Les-
see shall~ nevertheless, perform and fully pay for such
work without delay (except for unavoidable delays over which
the Lessee has not contral) and payment of the amount to
which 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 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, accordin9
to the nature and extent of such taking, shall abate the
remainder of the term of this Lea~e.
(5) If after making the payme~ts provided for in Para-
graph 15 a(2) there remains any balance in Lessor~s hands,
it shall be retained by Lessor as its Rroperty.
(6) A Takin of Less than Fee Sim le Title. If all or
any of the emzse remises s a e a en 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 its
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 mada 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 extent
that it represents rent shall be apportioned between the
Lessor and Lessee as of covenants that at the termination
of any such governmental accupancy, it wi12, 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 termina.tion of governmental occupancy the
t~rm of this Lease ~hall be ended.
(7) Proration. In the event of the termination of
this Lease in u~or as to any portion of the Demised
' Premises as a result of a total ar partial taking by an
eminent domain proceeding, the Lessee shall pay to the
Lessor all rent and all other charges payable by Lessee
with respect to the Demised Premises or part thereof so
taken ~ustly apportioned to tt„ ddte of taking. .
-11- 80~1( Fdfi. J2~