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20 . EMINENT DOMAIN. <br /> A. Definitions. The following definitions apply in <br /> construing provisions of this Lease relating to a taking of <br /> or damage to all or any part of the premises or improvements <br /> or any interest in them by eminent domain or inverse <br /> condemnation: <br /> 1. Taking means the taking or damaging, including <br /> severance damage, by eminent domain or by inverse <br /> condemnation or for any public or quasi-public use <br /> under any statute. The transfer of title may be either <br /> a transfer resulting from the recording of a final <br /> order in condemnation or a voluntary transfer or <br /> conveyance to the condemning agency or entity under <br /> threat of condemnation, in avoidance of an exercise of <br /> eminent domain, or while condemnation proceedings are <br /> pending. The taking shall be considered to take place <br /> as of the later of (i) the date actual physical <br /> possession is taken by the condemnor or (in) the date <br /> on which the right to compensation and damages accrues <br /> under the law applicable to the premises and the <br /> improvements on the premises. <br /> 2 . Total taking means the taking of the fee title to <br /> all the premises and the improvements on the premises, <br /> which shall be considered to include any off-site <br /> improvements effected by Tenant to serve the premises <br /> or the improvements on the premises. <br /> 3 . Substantial taking means the taking of so much of <br /> the premises or improvements or both that the use of <br /> the Leased Premises by Tenant would be substantially <br /> prevented or impaired notwithstanding a reasonable <br /> amount of reconstruction. <br /> 4. Partial taking means any taking of the fee title <br /> that is not either a total or a substantial taking. <br /> B. Total Taking. <br /> 1. On a total taking, Tenant's interest in the <br /> Leasehold shall continue until the date Tenant is <br /> deprived of possession ( "Possession Date") . <br /> 2 . If the taking is substantial under the definition <br /> appearing above, either Lessor or Tenant may, by <br /> written notice to the other party given within thirty <br /> (30) days after either party has been deprived of <br /> possession, elect to treat the taking as a total <br /> taking. If neither Lessor nor Tenant so notifies the <br /> other party, the taking shall be deemed a partial <br /> taking. <br /> -7- <br />