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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 poRion remaining is not sufficient and suitable, in Lessee's sole judgment (subject, however, to any rights of any Permitted Leasehold Mortgagee), to permit the restoration of the Improvements following such taking or conc~emnation, then this Lease and the Term, at Lessee's option, shall cease and terminate as of the date on which the condemning authority takes possession (any takmg or condemnation of the land described in this section being called a"Total Taking"), and the Mimmum Rent and Additional Rent shall be apportioned and paid to the date of such total taking. 16.2 If this Lease expires and terminates as a result of a Total Taking, 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 entitled to receive directly from the condemning authority, in its entirety and not sub~ect to any trust, that portion of the awazd, which is defined and referred to as the "Land Awazd," and neither Lessee nor any Permitted Leasehold Mortgagee shall be entitled to receive any part of the Land Award. The term Land Award shall mean that portion of the award in condemnation or change of grade proceedings that represents the fair market value of the Premises, considered as vacant, unimproved but encumbered by this Lease, the consequential damage to any part of the Premises that may not be taken, the diminution of the assemblage or plottage value 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 Lease; (ii) Lessee shall have the right to and shall be entitled to receive directly ~ from the condemning authority, subject, however, to the nghts of the Permitted Leasehold Mortgagees, that portion of the award refened to as the "Leasehold Award." The term Leasehold Award shall mean that portion of the award in condemnation proceedings that represents the fair market 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 damages to any part of the Improvements. , (iii) It is the intent of the parties that the Land Award and Leasehold Award will equal the total amount of the awards respecting a total taking. (b) If the court or such other lawful authority as may be authorized to fix and deternune the awards fails to fix and deternune, separately and apart, the Land Awazd and the Leasehold Award, such awards shall be determined and fixed by wntten agreement 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 proceedings as may be appropriate for adjudicating the controversy; and (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 directly 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 Award is paid to Lessee the recipient shall hold in trust for Lessor and pay over to Lessor forthwith on the receipt of the awazd 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 Ground Lease Courthouse Square ~ Page - 13