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<br /> right and easement (but not the obligation) to enter onto the affected portions of the <br /> Parking Facility and Common Areas within the Protected Area and to undertake and <br /> thereafter prosecute the completion of Landlord's Restoration Work on Landlord's behalf <br /> and at Landlord's sole cost and expense. <br /> If Tenant exercises the so-called "self-help" remedy set forth in Section 16.4(b), then <br /> Landlord shall reimburse Tenant monthly, on demand, for the actual out-of-pocket costs incurred <br /> by Tenant in performing Landlord's Restoration Work. If Landlord fails to so reimburse Tenant <br /> within ten (10) days after Tenant's demand, then Tenant shall have the right to offset the amount <br /> thereof (plus interest thereon at the Interest Rate from the date of demand) against rent and all <br /> other sums otherwise payable to Landlord hereunder and, if the Term would otherwise expire <br /> prior to the date that Tenant is paid or recoups the entire amount due to Tenant hereunder <br /> (including interest thereon as aforesaid), then Tenant shall be entitled to extend the Term, on a <br /> rent-free basis, until the entire amount thereof (including interest thereon as aforesaid) is paid to <br /> or otherwise recouped by Tenant. <br /> Section 16.5 Rental Abatement. If, as a result of any damage or destruction to any <br /> portion of the Common Area located within the Protected Area, the access to or visibility of the <br /> Premises, the operation of Tenant's business is materially and adversely affected, whether <br /> directly as a consequence of the damage or destruction or indirectly as a consequence of <br /> Landlord's Restoration Work, but Tenant nevertheless continues to operate its business in the <br /> Premises, then the Base Rent and other charges payable hereunder (excluding Percentage Rent) <br /> shall be abated, in proportion to the percentage decrease in Tenant's Gross Sales revenues <br /> resulting therefrom. If the damage or destruction is so extensive as to constitute a Substantial <br /> Casualty and if Tenant ceases operating in the Premises as a consequence thereof, then the Base <br /> Rent and other charges payable hereunder shall abate in full until such time as Landlord <br /> substantially completes Landlord's Restoration Work. In the event that this Lease shall be <br /> terminated as a ,result of damage or destruction, if any Base Rent or other charge has been paid in <br /> advance, Landlord shall refund to Tenant all sums so paid for the period after the damage or <br /> destruction. <br /> ARTICLE 17 <br /> EMINENT DOMAIN <br /> Section 17.1 Takine: of the Premises. If the whole of the Premises or any portion <br /> thereof which renders the balance unsuitable for the continuation of Tenant's business shall be <br /> taken in condemnation proceedings, by right of eminent domain or by sale in lieu of such taking <br /> or (at Tenant's election) if the City or any other Governmental Authority takes any action to <br /> close or to or to cease operating the Parking Facility as contemplated hereunder (each such event, <br /> a "Taking"), then this Lease shall terminate when possession shall be taken by the condemning <br /> authority. <br /> Section 17.2 Takin2: of the Center. If, as a result of any Taking: (a) any means of <br /> ingress or egress or other means of access to the Center or the Premises or the Parking Facility is <br /> altered so as to materially adversely affect the flow of vehicular or pedestrian traffic in, to, or <br /> 55 <br /> CHG02:3091375.v8 <br /> ",. '.'. .--........... <br />