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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 <br /> 4/23/13 1 1 <br />