RecDoc 2016-063770 City Center Plaza

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i 1' - ;l • , e 1 Mortgagee be required to rebuild. replace or restore any Improvements 0) it ns a consequence of the Condemnation, the remaining lmpmvements would be unsuitable or economically unfeasible for the use to which such Irnpmvcmcnts had been put before such Condemnation, even if Restoration were made; or (ii) at a cost in excess of the proceeds of Condemnation award actually received. 9.2 Waiver of'Award, If is Parcel or any part thereof is taken by Condemnation, each other Party waives. in favor of the Party whose property or part thereof is taken by Condemnation. any value of the Condemnation awurd attributable to any easements which any other Party holds in the property of such other Party; and no pan of such award shall be payable to the holder of the dominant tenement by virtue of such easement. 9.3 No Termination of Easements. Ne termination under this Article of any Party's obligations to • restore. operate, and maintain as provided in this REA shull affect the existence of the easements granted under Article 3 hereof, except to the extent such easements burden the land taken by condemnation. 9.4 Mortgagee Participation. Nothing herein contained shall be deemed to prohibit any Mortgagee from participating in any eminent domain proceedings on behalf of any Party, or in conjunction with any Party, • CD I O.REAL ESTATE TAXES OR IMPOSITIONS 07 , 10.1 Payment of Taxes or Impositions. Each Party shall pay before delinquency all Impositions levied on its Parcel and the Improvements and personalty thereon. if any. Upon request. each Party shall show to the . . CO , fother Party receipts fo7 all Impositions required to be paid by the Party. . , ,.b. . : . 10.2 Failure to Pay Impositions. Subject to a Party's right to contest an Imposition. if a Party fails to r N ` - pay any Imposition us provided herein, any other Party may pay the Imposition after ten (10) days' notice to the delinquent Party. Upon payment, the delinquent Party shall reimburse the paying Party for the sums so 1 . • expended within ten (10) days after request. If payment in full is not made withiri-ten'(l0) days of such request. . , interest ut.the Interest Rate shall accrue and be payable by,the delinquent Ppny. ' I {.ARBITRATION . Whenever this REA provides that a dispute shall be arbitraied or if the.Panies agree to:arbitrate. the J arbitration shalt be conducted under the rules and regulations of the-American Arbitration Association (including • I those provisions regarding expedited arbitration, when the dispute to be arbitrated is limited to determining . • } whether the giving or withholding of consent or approval was reasonable) , The determinations of the arbitmtor(s) shall be final and conclusive upon the parties to such arbitration;except as may be provided by ; 1 California law. 1 • • •I •• , i I2,NOTICES AND APPROVALS I , I•• 1 - 12.1 Notices, AU notices. demands. requests. approvals, disapprovals; or other communications • ( 'Notice, thut a Party gives to any ether Party shall be in writing and deemed properly given if'(a) served . I personally. or (In Mailed, when deposited with the United States Postal Service for cenitied'delivery, return • . ? receipt requested, with postage prepaid, or (c) sent by overnight courier, postage prepaid in each case addressed i _ ' }{ to the applicable recipient as follows: • I MEZFS COURT ASSOCIATES . • 651t Bair Island Road. Suite 300 ' . Redwood City. CA 94063 • . I . .: . • •_• . r . • •J •` .• 1 v).,r .t 1 j •.�.;- c I .• 1.. •• • , 1• L..�Z .. ..... . • . A74 `-';i92.?•:: .'' . • . •q ' . • ••. • • I • • x 1•• .•-.... .14.J 1.• .:`, • , :' or ..••I1. .'.. .•. ; ' ':• • :, • Cti