COMMUNITY DEVELOPMENT AGENCY-2008

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immediately before the taking, Tenant may terminate this lease in the manner prescribed by Section 9.04 of this lease. Section 9.03. Partial Taking-Improvements If at any time during the term of this lease a taking occurs that is less than a Total Taking and affects the rentable portion of the Improvements on the Premises, all compensation and damages payable for that taking (excluding any portion payable for a taking of parking areas) shall be made available to and used, to the extent reasonably needed, by Tenant to repair any portion of the remaining rentable portion of the Improvements damaged by the taking and to replace the rentable portion of the Improvements taken with other new rentable space on the portion of the Premises not taken, provided that replacement is then permitted by existing law. Plans and specifications for the replacement rental space must be compatible, in terms of architecture and quality of construction, with the Improvements not taken and must be first approved in writing by Landlord. Notwithstanding anything to the contrary in this Section, if the rentable portion of the Improvements taken by eminent domain results in a net loss of 25 percent or more of the area of the Premises that can, after considering any replacement rentable space that can be lawfully constructed on the remaining portion of the Premises, be devoted to rentable space as compared with the area devoted to that rentable space immediately before the taking, Tenant may terminate this lease in the manner prescribed by Section 9.04 of this lease. Section 9.04. Termination for Partial Taking Tenant may terminate this lease for the reasons stated in either Section 9.02 or Section 9.03 of this lease, or both, by serving written notice of termination on Landlord within 90 days after Tenant has received from Landlord or from the condemning authority written notice of an intended taking that sets forth the extent and scope of the intended taking. If Tenant elects to terminate this lease, the effective date of termination shall be the earlier of (1) the date of termination specified in Tenant's notice to Landlord or (2) the date the condemning authority takes physical possession of the portion of the Premises taken by eminent domain. On termination of this lease under this Section, all subleases and subtenancies in or on the Premises or any portion or portions of the Premises created by Tenant under this lease shall also terminate and the Premises shall be delivered to Landlord free and clear of all such subleases and subtenancies; provided, however, that Landlord may, at Landlord's option, by mailing written notice to any subtenant, allow the subtenant to attorn to Landlord and continue its occupancy on the Premises as a tenant of Landlord. ARTICLE 10 ASSIGNMENT AND SUBLEASING Section 10.01. No Assignment or Sublease Without Landlord's Written Consent Tenant may assign this Lease or any interest in this Lease, whether denominated as an assignment or sublease, subject to the prior written consent of Landlord, through its City Council and Agency Board of Directors. Landlord shall grant consent if the proposed assignee or subtenant is financially qualified and has sufficient experience in the operation and management of a community center to perform all the agreements, undertakings, and covenants of this lease and all other agreements entered into by Tenant which relate to the management, operation, maintenance, construction, and restoration of the Improvements and the Premises. To assist Landlord in determining whether or not the proposed assignee or subtenant is so qualified, Tenant shall furnish to Landlord at no expense to Landlord, before that assignment, detailed and complete financial statements of the proposed assignee, audited by a certified public accountant reasonably satisfactory to 12