(a) If the whole of the Premises shall be condemned or "taken" permanently for any public or quasi-public use or purpose, under any statute or by right of eminent domain, or by private purchase in lieu thereof, then in that event, at the option of either Landlord or Tenant exercised by notice to the other within 30 days after the date when possession is taken, the term of this Lease shall cease and terminate as of the date when possession is taken pursuant to such proceeding or purchase. The Base Rent and additional rent shall be adjusted and apportioned as of the time of such termination and any Base Rent and additional rent paid for a period thereafter shall be refunded. In the event a material portion only of the Premises or a material portion of the Building, shall be so taken (even though the Premises may not have been affected by the taking of some other portion of the Building), Landlord may elect toterminate this Lease as of the date when possession is taken pursuant to such proceeding or purchase or Landlord may elect to repair and restore the portion not taken at its own expense, and thereafter the Base Rent and additional rent shall be reduced proportionately to reflect the portion of the Premises not taken.
(b) In the event of a Taking of either the fee of, or the temporary use of, or a perpetual easement upon, less than all of the Premises, this Lease shall continue in full force and effect for the remainder of the Premises, except that the Rent or any applicable Extended Term Rent shall be reduced by an amount proportionate to the total area of the Premises so taken as against the total area demised hereunder; provided that if Tenant shall reasonably determine that the remaining portions of the Premises cannot be economically and effectively used for its intended purposes, and shall forward a notice to Landlord of such determination within thirty (30) days after the Date of Taking, this Lease shall expire as of the Date of Taking, or if Tenant shall remain in possession of the untaken part of the Premises after the Date of Taking, this Lease shall expire as of the date specified in such notice by Tenant to Landlord.
(c) In the event of any total or partial taking of the Premises or the Building, Landlord shall be entitled to receive the entire award in any such proceeding and Tenant hereby assigns any and all right, title and interest of Tenant now or hereafter arising in or to any such award or any part thereof and tenant hereby waives all rights against Landlord and the condemning authority, except that Tenant shall have the right to claim and prove in any such proceeding and to receive any award which may be made to Tenant, if any, specifically for damages for loss of good will, movable trade fixtures, equipment and moving expenses. Tenant to submit its own claim for its improvements, fixtures and personal property and relocation costs, to the extent permitted under applicable law. Further, Landlord shall refund to Tenant any unearned rent paid in advance as of the Date of Taking and all of Tenant's liability hereunder shall cease from and after the Date of Taking with respect to the portion of the Premises so taken.
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