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SB/14/10
then the term of this Lease shall cease and terminate as of the "
date of title vesting in such proceeding and all rentals shall be
paid up to that date.
10.02. Partial Condemnation. If any part of the leased
premises shall be acquired or condemned as aforesaid, and in the a
event such partial taking or condemnation shall cause any of the
following: (a) a diminution or gross sales by Tenant of not less
than twenty percent (20$) or (b) a net operation loss by Tenant r>
if Tenant was operating at a profit before such partial taking or ;
candemnation, or (c) that such partial taking or condemnation
shall constitute an undue hardship upon the Tenant, Tenant may
e1e~t to deem the leased premises totally condemned and this -
Lease shall terminate as set forth in Section 10.01 of this
Lease.
10.03. In the event of any candemnation or taking as
aforesaid, whether whole or partial, the Tenant shall be entitled
to a part of the a~~ar~? f~~ such condemnation as applies to =
the value of the land and buildinq as its rights appear under
this Agreement. In addition, the fact that the Tenant has placed
such personal property and mechanical equipment on the demised =
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premises shall be taken into account and the deprivation of the
Tenant of the use of such equipment and the improveii~~i~z~ s~ a~? , `
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pro tanto, be an item of damage in determining the portion of the
condemnation award to which the Tenant is entitled. In general, k
it is the intent of this paragraph that upon condemnation, the
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parties herein shall share in their awards to the extent that
i their interests, respectivel , are de reciated dama ed or
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I destroyed by the exercise of the right of eminent domain, ~
provided, however, Landlord shall be entitled to all amounts of
the award attributable to the value of the land, improvements,
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tog~ther with mineral rights are unencumbered by this Lease. ,
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Tenant shall be entitled to all amounts of the award attributable
to the value of all damage to the Tenant's business by reason of
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LAM OlliCES 0~61~~D"~ 7[ES~~OP ~ 3
6 IBOIIiL AVEHUE. SUCfE 104-SUN H~NY BLDO., 7T. PIEIICE~ 1?LOBIDA 3a460 466-Q33p