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negotiate an equitable division of the condenmation award. If the parties are unable to <br />agree upon such allocation it shall be determined by arbitration in accordance with <br />paragraph 28 hereof, provided that the award shall first go to pay the balance due under <br />any Leasehold Encumbrance, and the arbitrator(s) shall take into account the respective <br />interests of the parties as provided in subparagraph c. above. If the Lessee does not <br />terminate the Lease, compensation shall be as if the remainder is useable. (ii) In the <br />event of a partial Taking leaving the remainder usable for operation of the Childcare <br />facility, this Lease shall remain in full force and effect, covering the remaining property, <br />except that the rent shall be reduced in the same proportion that the value of the Leased <br />Premises and the improvements therein are reduced as the result of such taking. <br /> <br /> Lessee must give notice to Lessor of any of the above elections within <br />forty-five (45) days after the Taking occurs. <br /> <br /> e. Restoration. In the event of a partial Taking leaving the remainder <br /> <br />usable for operation of the Childcare facility, Lessee shall alter or reconstruct the <br />Building and other improvements on the Leased Premises as necessary to render the <br />operation of the facility economically viable. The condemnation award shall be utilized <br />by Lessee for this purpose and any balance shall be divided as the parties shall agree, <br />failing which the allocation shall be detemfined in accordance with paragraph 28 hereof, <br />and the arbitrator(s) shall take into account the respective interests of the parties as <br />provided in subparagraph c. above. <br /> <br /> 20. ASSIGNMENT AND SUBLEASE. It is understood and agreed by the <br />parties hereto that Lessee will sublease the Leased Premises for the uses set forth in <br />Paragraph 5, and Lessee may also sublease a portion of the Building and Leased Premises <br />for non-childcare purposes. Lessor agrees to enter into subordination, attornment and <br />non-disturbance agreements with the subtenants under such subleases. Lessee shall have <br />the right to assign its interest in this Lease, provided that such assignment shall not result <br />in a use of the Leased Premises other than as set forth in Paragraph 5. <br /> <br /> Except as otherwise provided in Paragraph 15, Paragraph 32 and this <br /> <br />17996.00003~BGLIB 1\1085097.9 18 <br /> <br /> <br />