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above, owner shall, at its own expense, make such repair and restoration, and which such repair and <br />restoration is being performed, the rent shall be abated as provided above. In any situation where <br />owner is required to or has elected to repair damage to the Premises, Owner shall not be obligated <br />to repair or replace any items other than those items and improvements installed by owner or at <br />owner's expanse prior to the commencement of the term of this Lease. Nothing in this Article shall <br />be construed as a limitation of Tenant's liability for any such occurrence, should such liability <br />otherwise exist. <br />A total destruction of the Property shall automatically terminate this Lease as of the date of such <br />destruction. <br />Upon any termination of this lease under any of the provisions of this Article, the parties shall be <br />released thereby, without further obligation to the other, simultaneously with the surrender of <br />possession of the Premises to Owner, except for items which have theretofore accrued and are then <br />unpaid, and Tenant's security deposit shall be returned to Owner, subject to the provisions of <br />Article 6 in this lease. <br />If the whole of the Premises (or so much thereof as to render the balance unusable, as reasonably <br />determined by Tenant) shall be taken under power of eminent domain, or by conveyance in lieu the- <br />reof, this lease shall automatically terminate as of the date on which actual physical possession is <br />taken by the condenior. If Tenant wishes to terminate this lease pursuant to the preceding sentence <br />in the event of a partial taking, Tenant mast exercise such right within 34 days after Tenant has <br />becom aware of the extent of the taking or such right will be deemed to have been waived. lb award <br />for any partial or entire taking shall be apportioned, and Tenant hereby assigns to Owner any award <br />which may be made in such taking or condemnation together with any and all rights of Tenant now of <br />hereafter arising in or to the same or any part thereof; no portion of any such award shall be <br />allowed to or paid to Tenant for any so-called-boruns or excess value of this lease by reason of the <br />relationship between -the rental payable under this lease and what may at the time be fair rental for <br />the Premises. Although all dames in the event of any condemnation are to belong to owner whether <br />such damages are awarded as compensation for diminution in value of the leasehold or to the fee of <br />the Premises, Tenant shall have the right to claim and recover from the condemnor, but not from <br />Owner, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right <br />on account of damsnge to Tenant's business by reason of the condemnation and for or on account of any <br />cost or loss to which Tenant might be put in removing Tenant's merchandise, personal property, trade <br />fixtures, leasehold improvements and equipment. In the event of a partial taking which does not <br />result in a termination of this Lease, the rent shall be reduced according to the part of the Pre- <br />mises remaining after the taking, and owner shall, within a reasonable time, make a functional unit <br />out of such remaining portion of the Premises. The rent reduction for the month in which the taking <br />(of actual physical possession) by the condemnor occurs shall be prorated. <br />If any part of the Premises or 15 percent or more of the then replacement cost of that part of the <br />Property which does not include the Premises shall be so taken or apportioned, owner shall have the <br />right, at its option, to terminate this lease and shall be entitled to the entire award; however, if <br />Owner does not terminate this lease, there shall be no reduction in rent on account of such taking, <br />nor shall such taking entitle Tenant to terminate this Lease. <br />If this lease is terminated, in whole or in part, pursuant to any of the provisions of this Article, <br />all rentals and other charges payable by Tenant to Owner hereunder and attributable to th-- Premises <br />taken shall be paid up to the date upon which actual physical possession shall be taken by the corn <br />demnor, and (depending on whether this lease is terminated as to all or only part of the Premises) <br />either all or a prorated portion of Tenants security deposit shall be returned by Owner, subject to <br />the provisions of Article 6 hereof. <br />MAP. 1988 <br />-14- <br />