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L or entity, arising out of or in connection with any of the following circumstances: 9.7.1 Use of Premise. Use of the Premises in any manner by that party or its agents, employees, invitees, licensees and contractors consistent with the terms of this Lease. 9.7.2 Breach of Lease. Any breach of the terms, covenants, or conditions herein contained. 10. EMINENT DOMAIN 10.1 Total Condemnation. If all of the Premises is condemned by eminent domain, inversely condemned or sold under threat of condemnation for any public orquasi-public use or purpose ("Condemned"), this Lease shall terminate as of the earlier of the date of the condemning authority takes title to or possession of the Premises, and rent shall be calculated as of the date of termination. 10.2 Partial Condemnation. If any portion of the Premises is Condemned and such partial condemnation in the reasonable decision of Waste Management materially impairs Waste Management's ability to use the Premises for the uses stated in this Lease, Waste Management shall have the option of terminating this Lease as of the earlier of the date title vests in the condemning authority or as of the date an order of immediate possession is issued and rent shall be calculated as of the date of termination. If such partial condemnation does not materially impair Waste Management's ability to use the Premises in the manner set forth in this Lease, this Lease shall continue in full force and effect provided rent shall be proportionally abated for loss of Premises use as reasonably determined by the parties acting in good faith. 10.3 Condemnation Award. The award for the taking of all or a part of the leased Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of City, whether such award shall be made as compensation for diminution in value of the leasehold or far the taking of the fee, or as severance damages; provided, however, that Waste Management shall be entitled to a separate award for loss of goodwill and loss of or damage to Waste Management's trade fixtures, removable personal property and unamortized Waste Management improvements that have been paid for by Waste Management. For that purpose, the costs of such improvements shall be amortized over the original term of this Lease excluding any options, 11. DEFAULT, REMEDIES 11.1 Default, Each of the events described in Sections 11.1.1 through 11.1.6 shall be a default and a breach of this Lease. 11.1.1 Failure to Perform Covenants. Abandonment of the Premises or of the leasehold estate or failure to perform as required or conditioned by any other covenant or condition of this Lease. 11.1.2 Attachment or Other Levy. The subjection of any right or interest of Waste Management to attachment, execution or other levy, or to seizure under legal process, if not released within fifteen (15) days, unless Waste Management is contesting such attachment, execution or other levy in a manner acceptable to City in its reasonable discretion. b22009-1 14