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JHhd-22-1' ' 7 1 21 opia-lo IS 14-1.272, 61=' 449 =?' �9 F' =i^. 17 <br /> 20. EMINENT DOMAIN. <br /> A. finzs . The followingdefinitions <br /> construing provisions of this Laserelating applyain <br /> or damage to all or any part of thepremises to a taking of <br /> or any interest in them byr iorn improvements <br /> condemnation: eminent domain or inverse <br /> 1. Taking means the taking <br /> severance damage, by eminendomaor in or including <br /> condemnation or for any public or by inverse <br /> under any statute. The transfer of quasi-public <br /> be use <br /> a transfer resulting from the recording of ayfiinal1ther <br /> order in condemnation or a voluntary <br /> conveyance to the condemning agencyor <br /> entity under <br /> threat of condemnation, in avoidance of an exercise of <br /> eminent domain, or while condemnation <br /> pending. The taking shall be consideredotoettakes are <br /> as of the later of (i) the date actual physical place <br /> pon whch ossessione ate <br /> iserigkhntcompensation the condemnor or <br /> ion and damages haccrues <br /> under the law applicable to the premises and the <br /> improvements on the premises . <br /> 2 . Total takinmeans the taking of the fee title to <br /> all the premises- cr'and <br /> the on the <br /> which shall be considered)to Includes any off premises, <br /> improvements effected by Tenant to serve the site <br /> or the improvements on the premises . premises <br /> 3 . Substantial ki,n <br /> the premises or improvementtssorhe bothkinthatof theousecof of <br /> the Leased Premises by Tenant would be <br /> prevented or impaired notwithstanding asubreas©nablelY <br /> amount of reconstruction, <br /> 4 . Partial takirzg means any taking of the fee title <br /> that is not either a tota <br /> substantial taking. <br /> P- Total _Taking. <br /> z - On a total taking, Tenant's <br /> Leasehold shall continueuntilthendate STenianthis <br /> deprived of possession ( , possession Date") . <br /> 2. If the takin <br /> appearin g is substantial under the definition <br /> written nvtbceetoetheother <br /> er spartyor r <br /> Tenant may, by <br /> within <br /> (30) days after either party has beenedeprived thirtyn <br /> Possession, elect to treat the takin <br /> as taking- If neither Lessor nor Tenant so notifies the <br /> other party, the taking shall be deemed a partial <br /> taking. <br /> -7- <br />