8869-16 Lease Agreement with Lakewood Child Care Center

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restore the Building and Premises to their condition Immediately prior to such fire or casualty except that Landlord shall not be required to repair or restore alterations and additions to the Premises made by Tenant in accordance with the provisions of Section 6 hereof. If Landlord has not completed such repair and restoration within one hundred eighty (180) days after the date of the damage or destruction, Tenant may by thirty (30) days advance notice to Landlord elect to terminate this Lease. Tenant's obligation to pay Base Rent shall be abated commencing on the date of such damage or destruction in the proportion that the area of the part of the Premises so damaged or destroyed or rendered untenantable bears to the total area of the Premises, until the Premises are repaired or restored or the Lease is terminated as aforesaid. A substantial portion of the Building and /or Premises shall be deemed to have been damaged or destroyed by fire or other casualty if the undestroyed or undamaged part of the Building and /or Premises shall be Insufficient for the economic and feasible operation thereof by Tenant, 11. CONDEMNATION 11.1 Termination: If at any time during the Term more than twenty -five percent (25 %) of the Building shall be condemned or taken for public or quasi public use, or if any portion of the Building, the common areas or Premises is so condemned or taken which would materially affect Tenant's ability to conduct normal business operations in the Premises, this Lease shall automatically terminate as of the earlier of the date of the vesting of title or the date of dispossession of Tenant as a result of such condemnation or taking. If at any time during the Term more than twenty -five percent (25 %) of any parking area allocated to Tenant hereunder shall be so condemned or taken, and Landlord does not agree to provide Tenant with other substantially equivalent parking, Tenant may by thirty (30) days advance notice to Landlord elect to terminate this Lease. 11.2 Partial Taking: in the event of a partial condemnation or taking that does not result in a termination of this Lease in accordance with the provisions of paragraph 11.1 hereof, the Base Rent due hereunder shall abate in proportion to the portion of the Premises affected by such condemnation or taking. 11.3 wards: Landlord shall be entitled to the entire award resulting from any such condemnation or taking, provided, however, that Tenant shall be entitled to any portion of any award attributable to the value of the leasehold estate created by this Lease, and provided further that Tenant may file a claim against the condemning authority for its moving and relocation expenses and for the unamortized value of any leasehold improvements paid for by Tenant. 12. ASSIGNMENT AND SUBLETTING 12.1 In General: Tenant shall not voluntarily assign its interest in this Lease nor sublet all or any portion of the Premises nor permit the use or occupancy of the Premises by any other person or entity without first obtaining Landlord's written consent, which consent shall not be unreasonably withheld or delayed. Any consent by Landlord to any assignment, subletting, or use or occupation of the Premises by anyone other than Tenant shall not constitute a consent to any subsequent assignment, subletting, or use or occupation.