EMINENT DOMAIN. In the event of condemnation or other similar taking or transfer due to governmental order, of all or any portion of the Leased Premises which renders the Leased Premises reasonably and economically unsuitable for Tenant’s business, as reasonably and mutually determined by Landlord and Tenant, at Tenant’s option, this Lease shall # terminate, in which case Rent shall be apportioned as of such date, any prepaid rents or deposits shall be returned, and Landlord and Tenant shall be released of all further duties and obligations hereunder, except those provisions which specifically survive the termination or expiration of this Lease; or # continue in full force and effect except that the Rent shall be reduced by a percentage which is equivalent to the percentage of the Leased Premises so taken. All sums awarded (or agreed upon between Landlord and the condemning authority) for the taking of the interest of Landlord and/or Tenant, whether as damages or as compensation and whether for partial or total condemnation shall be the property of Landlord, except that Tenant shall be entitled to file its own claim in such condemnation proceeding based upon Tenant’s loss by virtue of such condemnation, provided that any such action maintained by Tenant shall not interfere with any claim filed by Landlord or diminish any award made to Landlord.

Eminent Domain. If the premises or any part thereof or any estate therein, or any other part of the building materially affecting Lessee's use of the premises, shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent, and any additional rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee, and for moving expense.

Eminent Domain. If all of the Premises, or a material portion defined as more than thirty percent (30%) of the Building, are taken by the power of eminent domain, Landlord or Tenant may terminate this Lease by written notice given to the other party prior to the consummation of the eminent domain process. This Lease shall terminate as of the earlier of the date Tenant is required to vacate the Premises or the date title of the taken property passes from Landlord to another party. All obligations of Landlord and Tenant incurred prior to such termination, including Tenant’s obligation to pay Rent, shall survive termination. The term “eminent domain” shall include the taking or damaging of property by, through or under any governmental or quasi‑governmental authority, and any purchase or acquisition in lieu thereof, whether or not the taking or damaging is by the government or any other person. If a partial taking of the Premises occurs and this Lease is not terminated pursuant to this Section, then the terms of this Lease shall be equitably modified to account for such partial taking.

Eminent Domain. The provisions of Article Fifteen of the Original Lease as they pertain to the apportionment or adjustment of Monthly Base Rent and Rent Adjustments as well as the provisions of [Section 15.03] of the Original Lease are incorporated into this Sublease by reference. Subtenant shall have the right to terminate this Sublease only to the extent Tenant has the right to terminate the Master Lease, and Subtenant shall have no right to abatement of Rent under this Sublease unless Sublandlord is entitled to abatement of rent under the Master Lease with respect to the Subleased Premises.

The Landlord reserves and excepts all rights to damages to the 180 Expansion Space and the leasehold hereby created now accrued or hereafter accruing (not including damages to the Tenant's stock in trade, or for interference with the Tenant's business and damages to fixtures which the Tenant is entitled to remove upon termination of this Schedule) by reason of any exercise of the right of eminent domain, or by reason of anything lawfully done in pursuance of any public or other authority; and by way of confirmation the Tenant grants to the Landlord all the Tenant's rights to such damages so reserved and excepted. The Tenant covenants to execute and deliver such further instruments of assignment thereof as the Landlord may from time to time request. If the entire 180 Expansion Space are taken by eminent domain, this Schedule shall terminate when the Tenant is required to vacate the 180 Expansion Space. If a material taking impairs Tenant’s use of the 180 Expansion Space, the rent shall be equitably adjusted.

Eminent Domain. If the premises or any part thereof or any estate therein, or any other part of the building materially affecting Lessee's use of the premises, shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent, and any additional rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee, and for moving expense.

In the event of any condemnation or taking in any manner for public or quasi-public use, which shall be deemed to include a voluntary conveyance in lieu of a taking (a “taking”) of the whole of the Property, this Lease shall forthwith terminate as of the date when Tenant is required to vacate the Premises.

If Tenant’s use of the Premises is materially affected due to the taking by eminent domain of # the Premises or any part thereof; or # any other part of the Building; then, in either event, this Lease will terminate on the date when title vests pursuant to such taking. The Fixed Basic Rent, and any Additional Rent, will be apportioned as of such termination date and any Fixed Basic Rent or Additional Rent paid for any period beyond said date, will be repaid to Tenant. Tenant will not be entitled to any part of the award for such taking or any payment in lieu thereof, but Tenant may file a separate claim for any taking of fixtures and improvements owned by Tenant which have not become the Landlord’s property, and for moving expenses, provided the same will, in no way, affect or diminish Landlord’s award. In the event of a partial taking which does not effect a termination of this Lease but does deprive Tenant of the use of a portion of the Premises, there will be either an abatement or an equitable reduction in Fixed Basic Rent, depending on the period for which and the extent to which the Premises are not reasonably usable for general office use.

EMINENT DOMAIN. If during the Term # the whole of the Premises or the Building shall be taken by any governmental or other authority having powers of eminent domain or conveyed to such entity under threat of the exercise of such power or # any part of the Premises or the Building shall be so taken or conveyed and as a result, the remainder of the Premises or the Building has been rendered impractical, in Landlord's commercially reasonable judgment, for the operation of Landlord's rental activities on the Property, this Lease shall terminate on the date of the taking or conveyance, and rent shall be apportioned to the date thereof. Tenant shall have no right to any apportionment of or any share in any condemnation award or judgment for damages made for the taking or conveyance of any part of the Premises or the Building but may prosecute a separate claim for the value of all Alterations, and tenant improvements provided such claim does not reduce any award to Landlord.

If, prior to any Closing, all or any portion of the Real Properties are damaged by fire or other natural casualty (collectively “Casualty Damage”), or are taken or made subject to condemnation, eminent domain or other governmental acquisition proceedings (collectively “Eminent Domain”), then the following procedures shall apply: