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<br />other sums under this Lease shall terminate as of such earlier date. In the event of a total or <br />substantial taking of an interest in the Property other than fee title, at Tenant's option <br />(exercisable by written notice to Landlord), Tenant's interest in this Lease and all obligations of <br />Tenant subsequently accruing hereunder shall cease as aforesaid. Landlord agrees that it shall <br />not exercise the power of condemnation over Tenant's interest in the Property. <br /> <br />13 .1.4 Award. In the event of a total or substantial taking, the award shall be <br />apportioned as follows, in the following order: <br /> <br />(a) To Landlord that portion of the award equal to the fair market <br />value of the Property taken as encumbered by this Lease. <br /> <br />(b) To Tenant, that portion of the award equal to the fair market value <br />of the leasehold estate created by this Lease (subject to Landlord's reversionary interest). <br /> <br />(c) The balance, if any, shall be allocated between Landlord and <br />Tenant respectively in that proportion in which (i) the fair market value of the Property bears to <br />(ii) the fair market value of the leasehold estate created by this Lease, exclusive of Landlord's <br />reversionary interest. <br /> <br />13.1.5 Temporary Taking. In the event of a temporary taking, Tenant shall be <br />entitled to the whole award, and this Lease shall remain in full force and effect. <br /> <br />13 .1.6 Partial Taking. In the event of a partial taking, this Lease shall remain in <br />full force and effect, covering the remainder of the Property, and Tenant shall repair and restore <br />any damage to the Improvements caused by such partial taking consistent with and subject to the <br />provisions applicable to a restoration in the event of an insured casualty under Article 10, so that <br />after completion of the restoration the Improvements shall be, as nearly as possible, in a <br />condition as good as the condition immediately preceding the partial taking. The award for any <br />partial taking shall be deposited and disbursed in the same manner as insurance proceeds are <br />disbursed for restoration pursuant to Article 10, and upon completion of the restoration, any <br />remaining portion of the award shall be allocated as set forth in Section 13.1.6.1. <br /> <br />13.1.6.1 Award on Partial Taking. In the event of a partial taking, the <br />award shall be apportioned as follows, in the following order: <br /> <br />(a) To Landlord, that portion ofthe award attributable to the <br />fair market value of the portion of the Property taken, as encumbered by this Lease. <br /> <br />(b) To Tenant, that portion of the award attributable to the fair <br />market value of the leasehold estate created by this Lease, but only to the extent that the proceeds <br />of the award are not used for restoration of the Improvements. <br /> <br />(c) The balance, if any, shall be allocated between Landlord <br />and Tenant respectively in that proportion in which (i) the fair market value of the Property as <br />encumbered by this Lease bears to (ii) the fair market value ofthe leasehold estate created by <br />this Lease exclusive of the reversionary interest of Landlord. <br /> <br />833368-4 <br /> <br />22 <br />