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r; . ( f Lessor shall not make any claim against Lessee with respect to any of such risks as to which Lessee has fumished Lessor with insurance policies or certificates of insurance evidencing coverage of such risks ~, unless and until the insurer fails or refuses to defend and/or pay all or any part of a third-party claim. Section 16. Condemnation 16.1 If all the Premises and the Improvements are taken or condemned, by right of eminent domain or by purchase in lieu of condemnation, or if such portion of the Premises or the Improvements shall be so taken or condemned that the portion remaining is not sufficient and suitable, in Lessee's sole judgment, to pernut the restoration of the Improvements following such taking or condemnation, then this I,ease and the Texm, at Lessee's option, shall cease and terminate as of the date on which the condemning authority takes possession (any taking or condemnation of the land described in this section being called a"Total Taldng"), and the Minimum Rent and Additional Rent shall be apportioned and paid to the date of such total taking. 16.2 If this I.ease expires and terminates as a result of a Total Taldng, the rights and . interests of the parties shall be determined as follows: (a) The total award or awards ~for the Total Taking shall be apportioned and paid in the following order of priority: . (i) Lessor shall have the right to and shall be entided to receive directly from the condemning authority, in its entirety and not subject to any tivst, that portion of the award, which is defined and referred to as the "Land Awazd," and Lessee shall not be entitled to receive any pazt of the Land Award. The term Land Awac~d shall mean that portion of the award in condemnation or change of grade proceedings that represents the fair mazket value of the Premises, considered as vacant, unimproved but encumbered by this I.ease, the consequential damage to any part of the Premises that may not be taken, the diminution of the assemblage or plottage valne of the Premises not so taken and all other elements and factors of damage to the Premises; but in all events such damage or valuation shall take into consideration that the Premises is encumbered by this I.ease; :~" (ii) Lessee shall have the right to and shall be eatided to receive directly . .from the condemning authority that portion of the award referned to as the "Leasehold Award." The term (~" I.easehold ~Award shall mean that portion of the award ia condemnation proceedings that repre.sents the fair (~ mazket value of Lessee's interest in the Improvements and the fair market value of Lessee's leasehold estate as so taken and, provided this Lease is not terminated as a result of such condemnation or taking, the _ consequential daznages to any part of the Improvements. tJ (iii) It is the intent of the patties that the Land Award and Leasehold Award will equal the total amount of the awards respecting a total taking. ( b) If the caurt or such other lawful authority as may be authorized to fix and determine the awards fails to fix and determine, separately and apart, the Land Award and the Leasehold Award, such awards shall be determined and fixed by written agreemeat mutually entered into by and among Lessor and Lessee, and if an agreement is not reached within 20 days after the judgment or decree is entered in the proceedings, the controversy shall be resolved in the same court as the condemnation action is brought, in such proc~edings as may be appropriate for adjudicating the controversy; and Q ( c) If the condemning authority refuses or otherwise fails to deduct from the Leasehold Award any Rent or other money due from Lessee to Lessor and to pay same direcdy to Lessor, then Lessee shall execute and deliver to Lessor a written and acknowledged assignment of such amount ~ payable out of such Leasehold Award, and if, nevertheless, the full amount of the Leasehold Awazd is paid to Lessee the recipient shall hold in trust for Lessor and pay over to Lessor forthwith on the receipt of the award the amount or amounts so due. 16.3 If, during the Term, there is a taking or condemnation of the Premises or the Improvements that is not a total taking and not a temporary taking of the kind described below, or in the event of the change in the grade of the streets or avenues on which the Premises abuts, this Lease and the U • Continuing Party Ground I.ease Courthouse Squaze Page - 9 - 1026980259 a