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Section 17.4 Temporary Taking. Should any portion of the Premises or the Parking Facility be Taken on a temporary basis, there shall be no reduction in rent, but Tenant shall be entitled to that portion of the condemnation award recoverable in respect of such temporary use of the Premises whether in the form of rental or otherwise, for the taking of Tenant's property, the interruption of Tenant's business and for moving expenses, and for any restoration of Tenant's FF&E and other personal property. This Lease shall be and remain unaffected by such taking and Tenant shall continue to be responsible for all of its obligations hereunder insofar as such obligations are not affected by such taking and shall continue to pay the rent in full when due. If the period of temporary use or occupancy shall extend beyond the expiration of the Tenn (including any options to extend that shall have been thereafter exercised), that part of the award which represents compensation for the use and occupancy of the Premises (or a part thereof) shall be divided between Landlord and Tenant so that Tenant shall receive so much thereof as represents the period up to and including the expiration date and Landlord shall receive so much thereof as represents the period after the expiration date. Section 17.5 Condemnation Award. Except as otherwise herein provided, the entire compensation award for any Taking shall belong to Landlord. Notwithstanding the foregoing, Tenant shall be entitled to claim, prove and receive in any proceedings such award as may be allowed for the fair market value of Tenant's interest in this Lease, the value of Tenant's unamortized leasehold improvements, Tenant's property located in the Premises, interruption of business, moving expenses and other damages available under applicable law. Section 17.6 Takines Generally. Any disagreement between the parties with respect to the affect or severity of a Taking that is not resolved within thirty (30) days after the parties are first notified of the Taking shall be resolved by arbitration in accordance with Section 18.5 below. Each party waives the provisions of Code of Civil Procedure Section 1265.130 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the Premises; provided, however, that the foregoing waiver shall not impair to the express tennination rights ofthe parties set forth in Section 17.1 and Section 17.2. ARTICLE 18 DEFAULT AND REMEDIES Section 18.1 Events of Default. Each of the following shall be deemed an "Event of Default" by Tenant and a breach of this Lease: (a) Monetarv Defaults. Tenant's failure to pay rent or other charges payable hereunder either (i) for a period of five (5) days after written notice from Landlord that the same was due and payable, or (ii) three (3) times or more in any Lease Year (whether or not Tenant is notified thereof with respect to the third or any subsequent occurrence); (b) Insolvency, etc. The filing of a voluntary bankruptcy petition by Tenant or the admission by Tenant in writing that it is insolvent or is generally unable to pay its debts as the same become due; or the filing of an involuntary bankruptcy petition against 57 CHG02:3091375.v8 . _.~