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..• • <br />~~~# 9T44 r~~E8TT <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />- 12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />shall be accomplished in a manner acceptable to the Chief Engineer <br />and shall be subject to his prior written approval. <br />26 . LT•ZINENT DOP~IAIIv ( 8.129N ) <br />In the event the whole or any part of the Joint Leasehold is <br />condemned by a public entity in the lawful exercise of the power <br />of eminent domain, this Lease shall cease as to any portion of the <br />Leased Land condemned upon the date possession of that portion is <br />taken by the public entity. If only a part of the Joint Leasehold <br />is condemned, LESSEE shall have the election of: <br />A. Terminating this Lease and being absolved of obligations <br />hereunder which have not accrued at the date possession is <br />taken by the public entity; except, LESSEE shall have ,the <br />obligation to leave the portion of the Leased Land not <br />condemned and the flood control facilities therein in <br />the condition and state required by Clause 8 (MAII3TENANCE) <br />of this Lease; or <br />B. Continuing to occupy the Leased Land or its remainder <br />and remaining bound by the terms, covenants, and conditions <br />of this Lease. <br />LESSEE shall give notice in writing of his election hereunder <br />within thirty (30) days after the date possession of the part is <br />taken by the public entity. <br />Except as hereinafter provided, LESSOR shall be entitled to <br />receive and shall receive all compensation for the condemnation <br />of all or any portion of the Leased Land by exercise of eminent <br />domain. LESSEE shall be entitled to that portion of said compensation <br />which is the value of the loss of use of LESSEE-constructed <br />improvements for the remainder of the Lease Term, including the <br />renewal period provided in Clause 27 (OPTION TO RENEW). The amount <br />to which LESSEE shall be entitled hereunder shall not, however, <br />exceed the amount expended for facilities constructed upon the <br />Leased Land as reported in the itemized statement required in <br />Clause 5 ( IP~IPROVEMEivTS TO BE CONSTRUCTED BY LESSEE) <br />27. OPTION TO RENE'~7 ($.12gN) <br />At the end of the Lease Term, LESSEE shall have the option to <br />renew s Lease or an a d onaT~wen y- ve - n the <br />cond ~3on hat LESSEE shall have per o n every way and in <br />good faith, each and all of the terms, covenants, and conditions <br />of this Lease to the satisfaction of LESSOR throughout the Lease <br />Term. LESSOR shall be the sole judge of the adequacy of LESSEE'S <br />performance of the lease obligations for purposes of implementing <br />this Lease clause. <br />LESSEE shall give LESSOR written notice of its intent to re-lease <br />the Leased Land at least six (6) months prior to expiration of <br />the Lease Term. <br />Renewal of this Lease shall be subject to those terms, covenants, <br />and conditions of tt~is Lease that shall exist at the time set <br />for said notice of intent to re-lease, except as herein provided. <br />The mi ental sha b utomaticall t the <br />beginning of the renewed Lease Term to equal fifty perce.nt_ ~.~0;~ <br />of-'b'rie avera~e'~an ni~~.lr r n .al laid by LIJSSEE to LESSCR for the <br />f800-i! if a ~S 2 <br />