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EXHIBIT 1 ARTICLE 9-CONDEMNATION Total Condemnation Section 9.01. If, during the term of this lease, fee title to all of the Premises or to all of the improvements, including significant improvements, or the entire leasehold estate of District is taken under the power of eminent domain by an public or quasi -public agency or entity ("total taking"), this lease shall terminate as of 12:01 a.m. on whichever of the following occurs first: (1) the date legal title becomes vested in the agency or entity exercising the power of eminent domain; or (2) the date actual physical possession is taken by the agency or entity exercising the power of eminent domain. Thereafter, both City and District shall be released from all obligations under this lease, except those specified in Section 9.05. Partial Taking -Improvements Section 9.02. If at anytime during the term of this lease a taking occurs that is less than a total taking and affects the rentable portion of the improvements on the Premises, all compensation and damages payable for that taking shall be made available to and used, to the extent reasonably needed, by District to repair any portion of the remaining rentable portion of the Improvements damaged by the taking and to replace the rentable portion of the Improvements taken with other new rentable space on the portion of the Premises not taken, provided that replacement is then permitted by existing law. Plans and specifications for the replacement rental space must be compatible, in terms of architecture and quality of construction, with the Improvements not taken and must be first approved in writing by City. Notwithstanding anything to the contrary in this Section, if the rentable portion of the Improvements taken by eminent domain results in a net loss of fifty percent (50%) or more of the area of the Premises that can, after considering any replacement rentable space that can be lawfully constructed on the remaining portion of the Premises and paid for by the condemnation proceeds, be devoted to rentable space as compared with the area devoted to that rentable space immediately before the taking, District may terminate this lease in the manner prescribed in Section 9.03 of this lease. Moreover, the District may also terminate this lease in the manner prescribed in Section 9.03 if, in the District's reasonable opinion, the number of parking spaces taken by eminent domain deprives the Premises of sufficient parking necessary for the operation of the college upon the Premises. Termination for Partial Taking Section 9.03. District may terminate this lease for the reasons stated in Section 9.02 of this lease, by serving written notice of termination on City within sixty (60) days after District has received from City or from the condemning authority written notice of an intended taking that sets forth the extent and scope of the intended taking. If District elects to terminate this lease, the effective date of the termination shall be the earlier of (1) the date of termination #iznazVz 75B-18