SANTA ANA UNIFIED SCHOOL DISTRICT (12) -2002

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• • facilities on the leasehold interest under this Lease and the improvements located upon the Premises, which loan is secured solely by the leasehold estate. 18. Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation "), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs; provided that if so much of the Premises are taken by such condemnation as would substantially and adversely affect the District's use of the Premises, the District shall have the option to terminate this Lease as of the date the condemning authority takes possession. If the District does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of the City; provided, however, that the District shall be entitled to any separate award for loss of or damage to the Joint Use Facilities and /or any other property of the District, and for diminution in the value of the District's interest in the leasehold created by this Lease. 19. Miscellaneous. 19.1 Successors and Assigns. This Lease shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. 19.2 Notices. All written notices required to be given pursuant to the terms hereof shall be either (i) personally delivered, (ii) deposited in the United States express mail or first class mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by overnight courier service, or (iv) delivered by facsimile, provided that the original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later than one business day following such facsimile. All such notices shall be deemed delivered upon actual receipt (or upon the first attempt at delivery pursuant to the methods specified in clauses (1), (ii) or (iii) above if the intended recipient refuses to accept delivery). All such notices shall be delivered to the following addresses, or to such other address as the receiving party may from time to time specify by written notice to the other party: To the District: With a copy to: Santa Ana Unified School District Ruben A. Smith, Esq. 1601 East Chestnut Avenue Alvarado, Smith & Sanchez Santa Ana, California 92701 4 Park Plaza, Suite 1200 Attn: Deputy Superintendent, Operations Irvine, California 92614 Telephone No.: (714) 558 -5523 Telephone No.: (949) 955 -6800 Fax No.: (714) 558 -5694 Fax No.: (949) 955 -6899 E -mail: jbennett a sausd.kl2.ca.us E -mail: rsmithgasands.com E