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EXHIBIT 1 <br />specified in District's notice to City or (2) the date the condemning authority takes physical <br />possession of the portion of the Premises taken by eminent domain. On termination of this <br />lease under this Section, the Premises shall be delivered to City free and clear of all <br />encumbrances. <br />Condemnation Award <br />Section 9.04. Any compensation or damages awarded or payable because of the taking <br />of all or any portion of the Premises by eminent domain shall be allocated between City and <br />District as follows: <br />a) All compensation or damages awarded or payable for the taking by eminent <br />domain or any land that is part of the Premises shall be paid to and be the sole <br />property of City, free and clear of any claim of District or any person claiming <br />rights to the Premises through or under District. <br />b) All compensation or damages awarded or payable because of any <br />improvements, including significant improvements constructed or located on the <br />portion of the Premises taken by eminent domain when only a portion of the <br />Premises is taken by eminent domain and District is not entitled to or does not <br />terminate this lease shall be applied in the manner specified in Section 9.02 or <br />Section 9.03 toward the replacement of those improvements, including <br />significant improvements, with equivalent new improvements, including <br />significant improvements, on the remaining portions of the Premises. <br />c) All compensation or damages awarded or payable because of the improvements <br />constructed or located in the portion of the Premises taken by eminent domain <br />when this lease is terminated because of the taking by eminent domain, whether <br />all or only a portion of the Premises is taken by eminent domain, shall be <br />allocated between District and City as follows: <br />1. That percentage of the compensation or damages awarded or payable <br />because of the improvements that equals the percentage of the full term <br />of this lease that has, at the time of the taking, not expired shall belong <br />to and be the sole property of the District. <br />2. That percentage of the compensation or damages awarded or payable <br />because of the improvements that equals the percentage of the full term <br />of this lease that has, at the time of the taking, expired shall belong to <br />and be the sole property of City. <br />3. The term "time of taking" as used in this subparagraph shall means 12:01 <br />a.m. of whichever of the following shall first occur: the date that title, the <br />date that physical possession of the portion of the Premises on which the <br />improvements are located, is taken by the agency or entity exercising the <br />eminent domain power. <br />#iznazVz <br />75B-19 <br />