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or quasigovernmental authority, civil or military, or any other agency empowered by law to take property in the State of California under the power of eminent domain. A "Total Taking" shall mean either (i) a Taking of all of the Premises and Improvements other than for a temporary purpose or (ii) a Taking of so much of the Premises and Improvements as to render, in Tenant's reasonable judgment, the balance of the Premises and Improvements unsuitable for the construction or operation of a Facility of the type and in the manner set forth in this Lease. A "Partial Taking" shall mean a Taking that does not constitute a Total Taking. Section 12.3 Effect of Taking If during the Term hereof there shall be a Total Taking or a Partial Taking, then the Tenant's leasehold estate in the event of a Total Taking, or the portion thereof taken in the event of a Partial Taking, shall cease and terminate as of the date of Taking. If Tenant's leasehold estate is so terminated in whole or in part, all Rent and other charges payable by Tenant to Landlord hereunder attributable to the land, or portion thereof, taken shall be paid by Tenant up to and prorated through the date of the Taking. No such termination shall affect any remaining obligations of Tenant under the Tenant's Note. In the event of a Partial Taking, this Lease shall not terminate, but Tenant's obligation to pay Base Rent shall be subject to adjustment as provided in Section 12.5. Section 12.4 Allocation of Award A. With the exception of lost goodwill and relocation payments, all compensation and damages awarded in connection with any Total or Partial Taking of the Premises shall be LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 49 2574001\313983.8