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4/23/13 11 <br />10. Damage/Destruction. <br /> 10.1 Utility Facilities. In the event of any damage to the Utility Facilities, the Owner <br />of the Parcel served by the Utility Facilities shall promptly repair the damage and restore the <br />Utility Facilities as near as possible to their condition existing prior to the damage; unless such <br />damage was caused by the Owner of the other Parcel or its Parcel Users in which case such other <br />Owner shall be responsible for the cost of such repair and/or restoration. The foregoing shall not <br />apply to those portions of Utility Facilities that the utility companies or public utility districts <br />providing the utilities are obligated to rebuild or repair. <br /> 10.2 Damage and Destruction. Upon any damage or destruction to any portion of the <br />Garage and its appurtenant improvements, other than improvements which are the responsibility <br />of the Parcel 2 Owner to maintain under this Agreement (the “City Improvements”), the City <br />shall, at its sole cost and expense, promptly and diligently cause the repair or rebuilding of such <br />City Improvements to a condition at least equal to that which existed immediately prior to the <br />event causing such damage or destruction. Upon any damage or destruction to any portion of the <br />improvements that are to be maintained by the Parcel 2 Owner under this Agreement (the <br />“Parcel 2 Owner Improvements”) the Parcel 2 Owner shall, at its sole cost and expense, <br />promptly and diligently cause the repair or rebuilding of such Parcel 2 Owner Improvements to a <br />condition at least equal to that which existed immediately prior to the event causing such damage <br />or destruction. <br />11. Eminent Domain. <br /> (a) Owner’s Right to Award. Nothing herein shall be construed to give any Owner <br />any interest in any award or payment made to another Owner in connection with any exercise of <br />eminent domain or transfer in lieu thereof affecting said other Owner’s Parcel or giving the <br />public or any government any rights in said Parcel. In the event of any exercise of eminent <br />domain or transfer in lieu thereof of any improvements located on any Parcel, the award <br />attributable to the land and improvements shall be payable only to the Owner thereof. <br /> (b) Lessee’s Claim. Only as between an Owner and a Lessee of that Owner’s Parcel, <br />nothing in this Section shall supersede or control over the terms and the provisions of any lease <br />between such Owner and such Lessee relating to the disposition or right to seek any awards in <br />connection with any condemnation or eminent domain proceeding regarding the Parcel in <br />question. <br /> (c) Buildings. The Owner of any portion of improvements so condemned shall (i) <br />repair and restore the remaining portion of the building on its Parcel to a safe and usable <br />condition for retail use or (ii) raze the building, remove all rubble and debris, and place the <br />building area in a safe and sightly condition. <br />12. Rights and Obligations of Lenders. Any holder of a mortgage lien on any Parcel (the <br />“Mortgagee”) who acquires title to such Parcel (or any Person who acquires title to such Parcel <br />upon foreclosure by such lienholder), and any assignee or successor in interest of such first <br />lienholder or Person, shall be subject to the terms and conditions of this Agreement. Nothing in <br />this Agreement nor any amendment hereto, and no breach of any covenant, condition or