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<br />(d) Any severance damages awarded or payable because only a <br />portion of the Property is taken by eminent domain shall be (a) paid to Tenant during the first <br />37.5 years of this Lease and (b) equally divided between Tenant and Landlord during the next <br />37.5 years of this Lease (except to the extent needed to replace any Improvements taken by <br />eminent domain with equivalent Improvements on the remainder of the Land). <br /> <br />No payments shall be made to Tenant pursuant to this Section if any default by Tenant hereunder <br />has occurred and is continuing unless and until such default is cured. <br /> <br />13.1.6.2 Partial Taking in Last Five Years. If a partial taking occurs <br />during the last five (5) years of Term and the reasonably estimated cost of reconstruction work <br />exceeds twenty-five percent (25%) of the replacement value ofthe Improvements, Tenant shall <br />have the right and option to treat the same as a substantial taking by giving written notice thereof <br />to Landlord no later than the earlier of: (a) the date of vesting oftitle in the condemning <br />authority of the portion of the Property taken, or (b) the date upon which the condemning <br />authority takes physical possession of such portion of the Property. If Tenant does give such <br />notice the partial taking shall be considered as a substantial taking and the taking shall be subject <br />to the provisions of Section 13.1.3. <br /> <br />ARTICLE XIV <br /> <br />MORTGAGES <br /> <br />14.1 Leasehold Mortgages. Tenant shall have the right, at any time and from time to <br />time during the Term, to encumber its leasehold interest hereunder with a Leasehold Mortgage or <br />Mortgages, provided that (a) no Leasehold Mortgage shall in any way impair (except as <br />otherwise stated herein or as provided by law) the enforcement of Landlord's right and remedies <br />herein and by law provided, (b) any such Leasehold Mortgage shall at all times be subject and <br />subordinate to, and shall not affect or become a lien upon Landlord's right, title or estate in the <br />Property or in this Lease, (c) Tenant shall give Landlord prior written notice of any such <br />Leasehold Mortgage, shall accompany such notice with a true and correct copy of any such <br />Leasehold Mortgage, and shall otherwise comply with applicable the requirements set forth in <br />Article VII of the DDA. Any Leasehold Mortgage shall be subject to the terms and conditions <br />set forth in this Article 14. <br /> <br />14.2 Rights of Leasehold Mortgagee. <br /> <br />14.2.1 Notices. If Landlord shall have been provided with written notice of the <br />address of any Leasehold Mortgagee, Landlord shall mail to such Leasehold Mortgagee a copy <br />of any notice under this Lease at the time of giving such notice to Tenant, and no such notice <br />shall be effective against such Leasehold Mortgagee, and no termination of this Lease or <br />termination of Tenant's right of possession ofthe Property or reletting of the Property by <br />Landlord predicated on the giving by Landlord of any notice shall be effective, unless Landlord <br />gives to such Leasehold Mortgagee written notice or a copy of its notice to Tenant of such <br />default or termination, as the case may be. <br /> <br />833368-4 <br /> <br />23 <br />