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"Total Taking"), and the Minimum Rent and Additional Rent shall be apportioned and paid to the date of <br />such total taking. <br />17.2 If this Lease expires and terminates as a result of a Total Taking, the rights and interests <br />of the parties shall be determined as follows: <br />( a) The total award or awards for the Total Taking shall be apportioned and paid in <br />the following order of priority: <br />( i) Lessor shall have the right to and shall be entitled to receive directly from <br />the condemning authority, in its entirety and not subject to any trust, that portion of the award, which is <br />defined and refened to as the "Land Award," andLessee shall not be entitled to receive any part of the <br />Land Awazd. The term Land Award shall mean that portion of the award in condemnation or change of <br />grade proceedings that represents the fair market value of the Premises, considered as vacant, unimproved <br />but encumbered by this Lease, the consequential damage to any part of the Premises that may not be taken, <br />the diminution of the assemblage or plottage value of the Premises not so taken and all other elements and <br />factors of damage to the Premises; but in all events such damage or valuation shall take into consideration <br />that the Premises is encumbered by this Lease; <br />(ii) Lessee shall have the right to and shall be entitled to receive directly from <br />the condemning authority that portion of the award refened to as the "Leasehold Award." The term <br />Leasehold Awazd shall mean that poRion of the award in condemnation proceedings that represents the fair <br />market value of Lessee's interest in the Improvements and the fair market value of Lessee's leasehold estate <br />as so taken and, provided this Lease is not terminated as a result of such condemnation or taking, the <br />consequential damages to any part of the Improvements. <br />(iii) It is the intent of the parties that the Land Award and Leasehold Award <br />will equal the total amount of the awazds respecting a total taking. <br />~ ( b) If the court or such other lawful authority as may be authorized to fix and <br />determine the awards fails to fix and determine, separately and apart, the Land Award and the Leasehold <br />Award, such awazds shall be determined and fixed by written agreement mutually entered into by and <br />among Lessor and Lessee, and if an agreement is not reached within 20 days after the judgment or decree is <br />entered in the proceedings, the controversy shall be resolved in the same court as the condemnation action <br />is brought, in such proceedings as may be appropriate for adjudicating the controversy; and <br />(c) If the condemning authority refuses or otherwise fails to deduct from the <br />Leasehold Award any Rent or other money due from Lessee to Lessor and to pay same directly to Lessor, <br />then Lessee shall execute and deliver to Lessor a written and acknowledged assignment of such amount <br />payable out of such Leasehold Award, and if, nevertheless, the full amount of the Leasehold Award is paid <br />to Lessee the recipient shall hold in trust for Lessor and pay over to Lessor forthwith on the receipt of the <br />awazd the amount or amounts so due. <br />17.3 If, during the Term, there is a taking or condemnation of the Premises or the <br />Im~provements that is not a total taking and not a temporary taking of the kind described below, or in the <br />ev~nt of the change in the grade of the streets or avenues on which the Premises abuts, this Lease and the <br />Term shall not cease or terminate but shall remain in full force and effect with respect to the portion of the <br />Premises and of the Improvements not taken or condemned (any taking or condemnation or change of <br />grade of the kind described in this Section being refened to as a"Partial Taking"), and in such event <br />18the total award or awards for the taking shall be apportioned and paid 18.0.0.0.0.0.0.1 to Lessor, who <br />shall have the right to and shall be entitled to receive directly from the condemning authority, in its entirety <br />and not subject to any trust, that portion of the awazd that equals the Land Award, and Lessee shall not be <br />entitled to receive any part of the award.(A) <br />18.1 In the event of a taking of all or a part of the Premises or the Improvements for <br />temporary use, this Lease shall continue without change, as between Lessor and Lessee, and Lessee shall be <br />Ground Lease Courthouse Square <br />Page - 10 <br />0919970302 <br />