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<br />terminate this Lease, other than the notices above provided in this Article, and any other notice <br />or demand prescribed by any applicable statutes or laws. <br /> <br />f. No remedy herein or elsewhere in this Lease or otherwise by law, statute or equity, conferred <br />upon or reserved to Landlord or Tenant shall be exclusive of any other remedy, but shall be <br />cumulative, and may be exercised from time to time and as often as the occasion may arise. <br /> <br />22.0 EMINENT DOMAIN: <br /> <br />In the event of any eminent domain of condemnation proceeding or private sale in lieu thereof in respect <br />to the Building during the term thereof, the following provisions shall apply: <br /> <br />a. If the whole of the Building shall be acquired or condemned by eminent domain for any public or <br />quasipublic purpose, the term of this lease shall cease and terminate as of the date possession <br />shall be taken in such proceedings and all rentals shall be paid up to that date. <br /> <br />b. If any part constituting less than the whole of the Building shall be acquired or condemned as <br />aforesaid, and in the event that such partial taking or condemnation shall materially affect the <br />Demised Premises so as to render the Demises Premises unsuitable for the business of the <br />Tenant, in the opinion of Landlord, then the term of this Lease shall cease and terminate as ofthe <br />date possession shall be taken by the condemning authority and rent shall be paid to the date of <br />such termination. <br /> <br />In the event of a partial taking or condemnation of the Building which shall not materially affect <br />the Demised Premises so as to render the Demised Premises unsuitable for the business of the <br />Tenant, in the opinion ofthe Landlord, this Lease shall continue in full force and effect with a <br />proportionate abatement of the Base Rent and Additional Rent based on the portion, if any of the <br />Demised Premises taken. Landlord reserves the right, at its option, to restore the building and <br />the Demised Premises to substantially the same condition as they were prior to such <br />condemnation. In such event, Landlord shall give written notice to Tenant, within 30 days <br />following the date possession shall be taken by the condemning authority, of Landlord's <br />intention to restore. Upon Landlord's notice of election to restore, Landlord shall commence <br />restoration and shall restore the Building and the Demised Premises with reasonable promptness, <br />subject to delays beyond Landlord's control and delays in the making of condemnation or sale <br />proceeds adjustments by Landlord; and Tenant shall have no right to terminate this Lease except <br />as herein provided. Upon completion of such restoration, the rent shall be adjusted based upon <br />the portion, if any, of the Demised Premises restored. <br /> <br />c. In the event of any condemnation or taking as aforesaid, whether whole or partial, the Tenant <br />shall not be entitled to any part of the award paid for such condemnation and Landlord is to <br />receive the full amount of such award, the Tenant hereby expressly waiving any right to claim to <br />any part thereof. <br /> <br />d. Although all damages in the event of any condemnation shall belong to the Landlord whether <br />such damages are awarded as compensation for diminution in value of the leasehold or to the fee <br />of the Demised Premises, Tenant shall have the right to claim and recover from the condemning <br />authority, but not from Landlord, such compensation as may be separately awarded or <br />recoverable by Tenant in Tenant's own right on account of any and all damage to Tenant's <br />business by reason of the condemnation and for or on account of any cost or loss to which Tenant <br />might be put in removing Tenant's merchandise, furniture, fixtures, leasehold improvements and <br /> <br />Lease - Synergy Motor 6-4-02 <br />06/06/02-3:08 PM <br /> <br />10 <br />