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<br />(c) "Partial taking" means any taking that is not a total taking, a <br />substantial taking, or a temporary taking. <br /> <br />(d) "Substantial taking" means the taking of so much of the Property <br />that the remaining portion thereof would not be economically and feasibly usable by Tenant for <br />the then existing uses and purposes of the Property, in Tenant's reasonable judgment, but shall <br />exclude a temporary taking. <br /> <br />(e) "Taking" means any taking of or damage, including severance <br />damage, to all or any part of the Property or any interest therein by the exercise of the power of <br />eminent domain, or by inverse condemnation, or a voluntary sale, transfer or conveyance under <br />threat of condemnation in avoidance of the exercise of the power of eminent domain or while <br />condemnation proceedings are pending. <br /> <br />(f) "Temporary taking" means the taking of any interest in the <br />Property for a period of less than one (1) year. <br /> <br />(g) "Total taking" means the taking of all or substantially all of the <br />Property, but shall exclude a temporary taking. <br /> <br />13.1.2 Notice. The party receiving any notice of the kind specified below shall <br />promptly give the other party written notice ofthe receipt, contents and date ofthe notice <br />received: <br /> <br />(a) <br /> <br />(b) <br />portion of the Property; <br /> <br />notice of intended taking; <br /> <br />service of any legal process relating to condemnation of all or any <br /> <br />(c) notice in connection with any proceedings or negotiations with <br />respect to such a condemnation; or <br /> <br />(d) notice of intent or willingness to make or negotiate a private <br />purchase, sale or transfer in lieu of condemnation. <br /> <br />Landlord and Tenant, and any Leasehold Mortgagee, each shall have the right to represent its <br />respective interest in each proceeding or negotiation with respect to a taking or intended taking <br />and to make full proof of their respective claims. No agreement, settlement, sale or transfer to or <br />with the condemning authority shall be made without the mutual agreement of Landlord and <br />Tenant and any Leasehold Mortgagee. Landlord and Tenant each agree to execute, acknowledge <br />and deliver to the other any instruments that may be reasonably required to effectuate or <br />facilitate the provisions of this Lease relating to condemnation. <br /> <br />13 .1.3 Total or Substantial Taking. In the event of a total or substantial taking of <br />fee title to the Land, Tenant's interest in this Lease and all obligations of Ten ant subsequently <br />accruing hereunder shall cease as of the date of the vesting of title in the condemning authority; <br />provided, however, that if actual physical possession of all or part of the Property is taken by the <br />condemning authority prior to such date of vesting of title, Tenant's obligations to pay rent and <br /> <br />833368-4 <br /> <br />21 <br />