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EXHIBIT 1 d) Any severance damages awarded or payable because only a portion of the Premises is taken by eminent domain shall be equally divided, except to the extent needed to replace and improvements taken by eminent domain with equivalent improvements on the remaining portion of the Premises when District cannot or does not terminate this lease, between City and District. Rent Abatement for Partial Taking Section 9.04. If title and possession of only a portion of the Premises is taken under the power of eminent domain by any public or quasi -public agency or entity during the term of this lease and District does not or cannot terminate this lease, then this lease shall terminate as to the portion of the Premises taken under eminent domain as of 12:01 a.m. on whichever of the following first occurs: the date title is taken, or the date actual physical possession of the portion taken by eminent domain is taken, by the agency or entity exercising the eminent domain power. Furthermore the rent payable under this lease shall, as of that time, be reduced in the same proportion that the value of the portion of the Premises taken by eminent domain bears to the full value of the Premises at that time provided, however, that District shall, subject to the provisions of this lease, replace any improvements or facilities on the remaining portion of the Premises and do all other acts at District's own cost and expense required by the eminent domain taking to make the remaining portion of the Premises fit for the uses specified in this lease. Voluntary Conveyance in Lieu of Eminent Domain Section 9.05. A voluntary conveyance by City of title to all or a portion of the Premises to a public or quasi -public agency or entity in lieu of any under threat by that agency or entity to take it by eminent domain proceedings shall be considered a taking of title to all or any portion of the Premises under the power of eminent domain subject to the provisions of this Article. ARTICLE 10- ASSIGNMENT AND SUBLEASING No Assignment without City's Consent Section 10.01. District may not assign this lease without the prior approval of City, which approval shall not be unreasonably withheld. District's Right to Sublease Section 10.02. District may not sublease the Premises without prior approval of the City, which approval shall not be unreasonably withheld. #iznazVz 75B-20