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25 (b) To Lessee, that portion of the award equal to the fair market value of the Lessee’s leasehold estate. (c) The balance, if any, shall be allocated to Lessor. Section 12.6 Award on Partial Taking. In the event of a partial taking, after application of the Award for restoration, any remaining portion of such award shall be apportioned as follows, in the following order: (a) To Lessor, that portion of the award attributable to the fair market value of the portion of the Leased Premises taken. (b) To Lessee, that portion of the award equal to the fair market value of the Lessee’s leasehold estate in the Leased Premises. (c) The balance, if any, shall be allocated to Lessor. Section 12.7 Lessor Reservation of Rights. Notwithstanding any provisions in this Ground Lease to the contrary, nothing herein does or shall be construed to limit or require the Lessor to exercise its ability to condemn any property, including the Leased Premises, in accordance with applicable law. Nothing in this Ground Lease does or shall be construed as requiring the Lessor to pay to Lessee, or any other third party with an interest in the Leased Premises, any amount of money, as compensation for alleged condemnation or otherwise, if Lessor (or its successor) seeks to enforce any of the rights and obligations under this Ground Lease and the Regulatory Agreement and any executed attachments thereto. Except when Lessor exercises its ability to condemn the Leased Premises by adoption of a resolution of necessity and pursuant to other provisions of applicable law, Lessor shall not be a construed as pursuing or effectuating a Taking or acting as a "condemning authority" under this Ground Lease. ARTICLE 13. DAMAGE OR DESTRUCTION Section 13.1 Damage or Destruction to Leased Premises. Lessee shall give prompt written notice to Lessor after the occurrence of any material fire, earthquake, act of God or other casualty to or in connection with the Leased Premises, the Improvements or any portion thereof (hereinafter sometimes referred to as "Casualty"). Subject to Section 13.2 below, if during the Term the Improvements shall be damaged or destroyed by Casualty, Lessee shall repair or restore the Improvements, so long as Lessee determines, in its sole discretion, that it is feasible to do so and in such event Lessee provides or causes to be provided sufficient additional funds which, when added to such insurance proceeds, will fully effect such repair or restoration. Upon the occurrence of any such Casualty, Lessee, promptly and with all due diligence, shall apply for and collect all applicable insurance proceeds recoverable with respect to such Casualty. In the event that Lessee shall determine, by notice to Lessor given within thirty (30) days after receipt by Lessee of any such insurance proceeds, that it is not economically practical to restore the Improvements and/or the Leased Premises to substantially the same condition in which they existed prior to the occurrence of such Casualty, then Lessee may terminate this Ground Lease as of a date that is not fewer than thirty (30) days after the date of such notice. If Lessee terminates this Ground Lease pursuant to this Section 13.1, Lessee shall surrender possession of the Leased DRAFT