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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 />d) Any severance damages awarded or payable because only a portion of the <br />Premises is taken by eminent domain shall be equally divided, except to the <br />extent needed to replace and improvements taken by eminent domain with <br />equivalent improvements on the remaining portion of the Premises when <br />District cannot or does not terminate this lease, between City and District. <br />Rent Abatement for Partial Taking <br />Section 9.05. If title and possession of only a portion of the Premises is taken under the <br />power of eminent domain by any public or quasi -public agency or entity during the term of this <br />lease and District does not or cannot terminate this lease, then this lease shall terminate as to <br />the portion of the Premises taken under eminent domain as of 12:01 a.m. on whichever of the <br />following first occurs: the date title is taken, or the date actual physical possession of the <br />portion taken by eminent domain is taken, by the agency or entity exercising the eminent <br />domain power. Furthermore the rent payable under this lease (including fees and costs <br />payable under Section 2.01 above) shall, as of that time, be reduced in the same proportion <br />that the value of the portion of the Premises taken by eminent domain bears to the full value of <br />the Premises at that time provided, however, that District shall, subject to the provisions of this <br />lease, replace any improvements or facilities on the remaining portion of the Premises and do <br />all other acts at District's own cost and expense required by the eminent domain taking to <br />make the remaining portion of the Premises fit for the uses specified in this lease. <br />4911006.2 -- N261,19 <br />18 <br />