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<br />12.3 Exceptions to Requirement for Consent. The foregoing notwithstanding, <br />following issuance of a final certificate of occupancy after completion of the initial work of <br />rehabilitation of the Project, Tenant shall not be required to obtain Landlord's prior written <br />consent to any changes, alterations or improvements so long as all the following requirements <br />are met: <br /> <br />(a) The change, alteration or improvement is nonstructural. <br /> <br />(b) The change, alteration or improvement is not visible from the exterior of <br />any building on the Land. <br /> <br />(c) The change, alteration or improvement has a cost of less than One <br />Hundred Thousand Dollars ($100,000). <br /> <br />(d) The provisions of Section 5.3 are satisfied. <br /> <br />Notwithstanding the foregoing, Tenant shall deliver to Landlord not later than ten (10) days prior <br />to commencement of any construction, change, alteration or repair, written notice of the <br />proposed work, a general description of the proposed work and sufficient information to permit <br />Landlord to post a notice of nonresponsibility on the Land. <br /> <br />12.4 No Right to Demolish. Notwithstanding any other provisions of this Article 12, <br />Tenant shall have no right to demolish any Improvement, once built, unless Tenant shall have <br />received the prior written consent of Landlord which shall not be unreasonably withheld if the <br />age and condition ofthe Improvements makes repair or reconstruction impractical or financially <br />infeasible. <br /> <br />ARTICLE XIII <br /> <br />EMINENT DOMAIN <br /> <br />13.1 Eminent Domain. <br /> <br />13.1.1 Definitions. The following definitions shall apply in construing the <br />provisions of this Article 13: <br /> <br />(a) "Award" means all compensation, damages or interest, or any <br />combination thereof, paid or awarded for the taking, whether pursuant to judgment, by <br />agreement, or otherwise. <br /> <br />(b) "Notice of intended taking" means any notice or notification on <br />which a reasonably prudent person would rely and would interpret as expressing an existing <br />intention of taking as distinguished from a mere preliminary inquiry or proposal. It includes, but <br />is not limited to, the service of a condemnation summons and complaint on a party to this Lease. <br />The notice is considered to have been received when a party to this Lease receives from the <br />condemning agency or entity a written notice of intent to take. <br /> <br />833368-4 <br /> <br />20 <br />