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If the Index is changed so that the base year differs from that used as of the <br />date of this Lease, the Index shall be converted in accordance with the conversion factor <br />published by the United States Department of Labor, Bureau of Labor Statistics. If the <br />Index is discontinued or revised during the Term, such other government index or <br />computation with which it is replaced shall be used in order to obtain substantially the same <br />result as would be obtained if the Index had not been discontinued or revised. <br />ARTICLE XII <br />CONDEMNATION <br />Section 12.1 Voluntary Conveyance <br />Neither party to this Lease will voluntarily convey any interest related to this Lease to <br />any agency, authority, or public utility under threat of a taking in lieu of formal proceedings <br />without the consent of the other party. For the purposes of this Article XII, all amounts <br />paid pursuant to any agreement entered into with the consent of both Landlord and Tenant <br />with any condemning authority which has been made in settlement of, or under threat of, any <br />condemnation or other eminent domain proceeding affecting the Premises shall be deemed to <br />constitute an award made in such proceeding. <br />Section 12.2 Taking Defined <br />"Taking" means any acquisition of or damage to all or any portion of the Premises or <br />Improvements, or any interest therein, pursuant to or in anticipation of the exercise of the <br />power of condemnation or imminent domain, or by reason of the temporary requisition of the <br />use or occupancy of the Premises or Improvements, or any part thereof, by an governmental <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 48 <br />2574001\313983.8 <br />