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9.1.5. "Total Taking" means the taking by Condemnation of all of the Premises <br />and all of the Improvements. <br />9.1.6. "Substantial Taking" means the taking by Condemnation of so much of the <br />Premises or Improvements or both that one or more of the following conditions results, as <br />reasonably determined by Tenant: (i) The remainder of the Premises would not be economically <br />and feasibly usable by Tenant; and/or (ii) A reasonable amount of reconstruction would not make <br />the Premises and Improvements a practical improvement and reasonably suited for the uses and <br />purposes for which the Premises were being used prior to the Condemnation; and/or (iii) The <br />conduct of Tenant's business on the Premises would be materially and substantially prevented or <br />impaired. <br />9.1.7. "Partial Taking" means any taking of the Premises or Improvements that is <br />neither a Total Taking nor a Substantial Taking. <br />9.1.8. "Notice of Intended Condemnation" means any notice or notification on <br />which a reasonably prudent person would rely and which he would interpret as expressing an <br />existing intention of Condemnation as distinguished from a mere preliminary inquiry or proposal. <br />It includes but is not limited to service of a Condemnation summons and complaint on a Party <br />hereto. The notice is considered to have been received when a Party receives from the Condemnor <br />a notice of intent to condemn, in writing, containing a description or map reasonably defining the <br />extent of the Condemnation. <br />9.2 Notice and Representation. <br />9.2.1. Notification. The Party receiving a notice of one or more of the kinds <br />specified below shall promptly notify the other Party of the receipt, contents and dates of such <br />notice: (i) a Notice of Intended Condemnation; (ii) service of any legal process relating to the <br />Condemnation of the Premises or Improvements; (iii) any notice in connection with any <br />proceedings or negotiations with respect to such a Condemnation; (iv) any notice of an intent or <br />willingness to make or negotiate a private purchase, sale or transfer in lieu of Condemnation. <br />9.2.2. Separate Representation. Lessor and Tenant each have the right to <br />represent its respective interest in each Condemnation proceeding or negotiation and to make full <br />proof of its claims. No agreement, settlement, sale or transfer to or with the Condemnor shall be <br />made without the consent of Lessor and Tenant. Lessor and Tenant shall each execute and deliver <br />to the other any instruments that may be required to effectuate or facilitate the provisions of this <br />Lease relating to Condemnation. <br />9.3 Total or Substantial Taking. <br />9.3.1. Total Taking. On a Total Taking, this Lease shall terminate on the Date of <br />Taking. <br />9.3.2. Substantial Taking. If a taking is a Substantial Taking, Tenant may, by <br />notice to Lessor given within ninety (90) days after Tenant receives a Notice of Intended <br />Condemnation, elect to treat the taking as a Total Taking. If Tenant does not so notify Lessor, the <br />taking shall be deemed a Partial Taking. <br />Page 124 <br />75A-71 <br />