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improvements and for the value of any personal property at the Leased Premises <br />owned by Lessee; second, to Lessor until such time as Lessor has received full <br />reimbursement for the value of the improvements at the Leased Premises which <br />existed as of the first day of the Initial Term and the balance, if any, shall be paid to . <br />Lessee. <br />19. EMINENT DOMAIN. <br />19.1 Total Taking. If at any time during the Lease term, use of all or a <br />material portion of the Leased Premises shall be taken by condemnation or by right of <br />eminent domain, this Lease shall terminate on the date of such taking and all rental <br />payments already made shall be apportioned as of the date of the taking. For <br />purposes of this Article, a "material portion" shall be deemed to have been taken if the <br />remaining portion cannot economically be used by Lessee, in Lessee's reasonable <br />judgment, in the manner in which the Leased Premises were used prior to such <br />taking. <br />19.2 Partial Taking. In the event that use of less than all or a material <br />portion of the Leased Premises is taken by condemnation or by right of eminent <br />domain, this Lease shall not terminate, but the Minimum Rent due during the <br />remainder of the Lease term shall be reduced as of the date of such partial taking in a <br />proportion to the reduction in the Gross Revenues of the Leased Premises <br />attributable to such partial taking. <br />19.3 Condemnation Award. If there is a taking by right of eminent domain, <br />the award shall belong to and be paid to Lessor, except that Lessee shall receive from <br />the award the following: (a) a sum attributable to the value of Lessee's leasehold <br />estate, including improvements, and (b) a sum attributable to Lessee's loss of good <br />will. <br />20. REPRESENTATIONS. W.P~RRANTIES AND COVENANTS. <br />20.1 Power and AuthoritT. Lessor hereby represents and warrants that it has <br />the requisite right, power, legal capacity and authority to enter into this Lease and to <br />fully perform each and all of its obligations under this Lease. Lessee hereby <br />represents and warrants that it has the requisite right, power, legal capacity and <br />authority to enter into this Lease and to fully perform each and all of its obligations <br />under this Lease. <br />LEASE AGREEMENT BETWEEN <br />CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 24 <br />11/13/97 FINAL J:\ti'PD\CSL\l36\O1~gGREE\GOLFCOURWGREEU,EASE.CLN <br />