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SECTION 17.2 PARTIAL CONDEMNATION.
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<br /> (a) More Than 20% of Premises or More Than 50% of Common Facilities. if more than twenty percent (20%)
<br />of the Premises or more than fifty percent (50%) of the common facilities shall be taken under eminent domain, or sold to
<br />public authority under threat or in lieu of such a taking, except for a taking for a temporary use, Tenant shall have the right
<br />either to terminate this Lease and declare the same null and void as of the day possession is taken by public authority, or,
<br />subject to Landlord's right of termination as set forth in Section 17.2 (c) of this Article, to continue in the possession of the
<br />remainder of the Premises, upon notifying Landlord in writing within ten (10) days after the taking of Tenant's intention.
<br />In the event Tenant elects to remain in possession, all &the terms herein provided shall continue in effect, except that as
<br />of the day possession is taken by public authority, the Minimum Rent shall be reduced in proportion to the amount of the
<br />Premises taken, Thereafter, Landlord shall, at its own cost and expense, make all the necessary repairs or alterations to the
<br />building, so as to constitute the remaining Premises a complete architectural unit, and Tenant, at Tenant's sole cost, shall
<br />similarly act with respect to Tenant's improvements, trade fixtures, furnishings and equipment.
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<br /> (b) 20% or Less of Premises. Except for a taking for a temporary use, if twenty percent (20%) or less of the
<br />Premises shall be taken, the Term shall cease, only on the part so taken, as &the day possession shall be taken by such
<br />public authority, and Tenant shall pay rent up to that day, with appropriate refund by Landlord of such rent as may have
<br />been paid in advance for a period subsequent to the date &the taking; and thereafter the Minimum Rent shall be reduced
<br />in proportion to the amount of the subject leased Premises taken. Landlord shall, at its expense, make all necessary repairs
<br />or alterations to the building, so as to constitute the remaining Premises a complete architectural unit, and Tenant, at
<br />Tenant's sole cost, shall similarly act with respect to improvements, trade fixtures, furnishings and equipment.
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<br /> (c) More Than 50% of Premises or 30% of Building,~ or Common Facilities. If more than
<br />fifty percent (50%) of the Premises or thirty percent (30%) of the building in which the Premises are located, or more than
<br />thirty percent (30%) of the entire ~ Center, or more than thirty percent (30%) of the common facilities, shall be
<br />taken under power of eminent domain, or sold to public authority under threat or in lieu of such a taking, except for taking
<br />for a temporary use, Landlord may, by written notice to Tenant delivered on or before the tenth (10th) day following the
<br />date of surrendering possession to the public authority, terminate this Lease as of the day possession is taken by public
<br />authority. The rent shall be paid up to the day possession is taken by public authority, with an appropriate refund by
<br />Landlord of such rent as may have been paid in advance for a period subsequent to that date.
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<br /> (d) Sale by Landlord. A sale by Landlord to any authority having the power of eminent domain, either under threat
<br />of condemnation or while condemnation proceedings are pending, shall be deemed a taking under the power of eminent
<br />domain for ali purposes under this Article.
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<br />(e) Temporary Taking. If there is a taking of the Premises for temporary use for a period not to exceed thirty (30)
<br />days, this Lease shall continue in full force and effect, and Tenant shall continue to comply with Tenant's obligations
<br />under this Lease, except to the extent compliance shall be rendered impossible or impracticable by reason of the
<br />temporary taking.
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<br /> SECTION 17.3 LANDLORD'S AND TENANT'S DAMAGES. All damages awarded for such taking under
<br />the power of eminent domain or proceeds from any sale under threat or in lieu of such a taking, whether for the whole or a
<br />part of the Premises, shall belong to and be the property of Landlord, irrespective of whether such damages shall be
<br />awarded or proceeds obtained as compensation for diminution in value to the leasehold or the leasehold improvements
<br />thereto, or to the fee &the Premises, and Tenant shall have no claim against either Landlord or the condemning authority
<br />with respect thereto; provided, however, that Landlord shall not be entitled to any award specifically designated as
<br />i:ompensation for depreciation to, and cost of removal of, Tenant's stock and fixtures.
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<br />ARTICLE XVlll. DEFAULTS; REMEDIES
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<br /> SECTION 18.'1 DEFAULTS. The occurrence of any one or more of the following events shall constitute a
<br />default and breach &the Lease and the covenants and obligations of Tenant herein undertaken:
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<br /> (a) Abandonment. The abandonment of the Premises by Tenant. Abandonment is herein defined to include, but is
<br />not limited to, any absence by Tenant from the Premises for five (5) days or longer while in default of any provision of this
<br />Lease.
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<br /> (b) Failure to Pay. The failure by Tenant to make any payment of rent, additional rent or other payment required to
<br />be made by Tenant hereunder, as and when due, or the failure of Tenant to observe the minimum hours of operation
<br />established by Landlord, where such failure shall continue for a period of three (3) days after written notice thereof from
<br />Landlord to Tenant as required under California Code of Civil Procedure Sections 1161 and l 161 (a), as amended. For
<br />purposes of this subsection (b) Tenant shall not be deemed to have cured a default resulting from Tenant's failure to
<br />observe the minimum hours of operation established by Landlord if Tenant shall, at anytime within sixty (60) days of any
<br />purported cure, again fail to observe such minimum hours of operation.
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<br /> (c) Nonmonetary Defaults. The failure by Tenant to observe or perform any of the express or implied covenants or
<br />provisions of this Lease to be observed or performed by Tenant, other than as specified in (a) or (b) above, where such
<br />failure shall continue for a period of five (5) days after written notice thereof from Landlord to Tenant; provided, however,
<br />that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil
<br />Procedure Sections Il61 and l l61 (a), as amended; provided further, that if the nature of Tenant's default is such that
<br />more than five (5) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant
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