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above, Owner shall, at its own expense, make such repair and restoration, and which such repair and restoration is being performed, the rent shall be abated as provided above. In any situation where Owner is required to or has elected to repair damage to the Premises, Owner shall not be obligated to repair or replace any items other than those items and improvements installed by Owner or at Owner's expense prior to the commencement of the term of this lease. lbddng in this Article shall be construed as a limitation of Tenant's liability for any such occurrence, should such liability otherwise exist. A total destruction of the Property shall automatically terminate this Lease as of the date of such destruction. Upon any termination of this Tease under any of the provisions of this Article,,the parties shall be released thereby, without further obligation to the other, simultaneously with the surrender of possession of the Premises to Owner, except for items which have theretofore accrued and are then unpaid, and Tenant's security deposit shall be returned to Owner, subject to the provisions of Article 6 in this Tease. If the whole of the Premises (or so much thereof as to render the balance unusable, as reasonably determined by Tenant) shall be taken under pacer of eminent domain, or by conveyance in lieu the reof, this Tease shall automatically terminate as of the date on which actual physical possession is taken by the condemnor. If Tenant wishes to terminate this lease pursuant to the preceding sentence in the event of a partial taking, Tenant mat exercise such right within 30 days after Tenant has become aware of the extent of the taking or such right will be deemed to have been waived. No award for any partial or entire taking shall be apportioned, and Tenant hereby assigns to Owner any award which may be made in such taking or condemnation together with any and all rights of Tenant now of hereafter arising in or to the same or any part thereof; no portion of any such award shall be allowed to or paid to Tenant for any so- called bonus or excess value of this Tease by reason of the relationship between the rental payable under this Tease and what may at the time be fair rental for the Premises. Although all damages in the event of any condem ation are to belong to Owner whether such damages are awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, Tenant shall have the right to claim and recover from the condemnor, but not from Owner, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right on account of damage to Tenant's business by reason of the condemnation and for or on account of any cost or loss to which Tenant might be put in removing Tenant's merchandise, personal property, trade fixtures, leasehold improvements and equipment. In the event of a partial taking which does not result in a termination of this Tease, the rent shall be reduced according to the part of the Pre- mises remaining after the taking, and Owner shall, within a reasonable time, make a functional unit out of such remaining portion of the Premises. The rent reduction for the math in which the taking (of actual physical possession) by the condor occurs shall be prorated. If any part of the Premises or 15 percent or more of the then replacement cost of that part of the property which does not include the Premises shall be so taken or apportioned, Owner shall have the right, at its option, to terminate this Tease and shall be entitled to the entire award; however, if Owner does not terminate this Tease, there shall be no reduction in rent on account of such taking, nor shall such taking entitle Tenant to terminate this lease. if this Tease is terminated, in whole or in part, pursuant to any of the provisions of this Article, all rentals and other charges payable by Tenant to Owner hereunder and attributable to the Premises taken shall be paid up to the date upon which actual physical possession shall be taken by the con- demnor, and (depending on whether this lease is terminated as to all or only part of the Premises) either all or a prorated portion of Tenant's security deposit shall be retuned by Owner, subject to the provisions of Article 6 hereof. MAR 1988 -14-