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21 <br />existing prior to its destruction or casualty and the proceeds of County's <br />insurance shall be held in trust by County for the purpose of such repair and <br />replacement. <br />27. CONDEMNATION. <br />(a) If the whole of the Demised Premises, or more than twenty-five percent <br />(25%) of the floor area of the Shopping Center, shall be taken or condemned by <br />any government authority, then either party may elect to terminate this Lease <br />by giving notice to the other party not more than sixty {60) days after the date on <br />which such title shall vest in the authority. If the parking facilities are reduced <br />below the minimum parking requirements imposed by the applicable authorities <br />or if the parking facilities are reduced below 450 spaces, then either Landlord or <br />County may elect to terminate this Lease by giving the other patty notice within <br />one hundred twenty (120) days after such taking or other action. If all of the <br />buildings or Common Areas of the Shopping Center are damaged to such an <br />extent that the' Shopping Center cannot, reasonably, be operated as an integral <br />unit, Landlord may terminate this Lease on written notice to County within sixty <br />(60) days after notice to County from Landlord. <br />(b} In case of any taking or condemnation, whether or not the term of this Lease <br />shall cease and terminate, the entire award shall be the properly of Landlord. <br />County may file such claims as are permitted by law for the loss of its leasehold <br />interest, business dislocation damages, moving expenses and other damages <br />caused by such taking, neither party shall have rights to the claim filed by the <br />other. • County in no event shall have any claim against Landlord for the value of <br />any unexpired term of the Lease. County's obligation to pay Minimum Rent shall <br />be apportioned or end, as the case may be, as the date of vesting of title or <br />termination of this Lease. Any purchase of all or a .portion of the Shopping <br />Center in lieu of a taking or condemnation under powers of eminent domain shall <br />be a taking or condemnation thereof. <br />(c) Notwithstanding .anything herein to the contrary,. any .condemnation action <br />wherein the County is the condemning authority, the County shall have. no rights <br />of termination. <br />28. ASSIGNMENT SUBLETTING AND ENCUMBERING LEASE. County shall not <br />transfer, assign, mortgage or encumber this Lease, without the .prior written <br />consent of Landlord which consent shall not be unreasonably withheld. County <br />shall be permitted to sublease ar permit the use of the Demised Premises by <br />others in the County's sole discretion. Landlord may either approve or <br />disapprove said Assignment as Landlord deems necessary in its sole discretion, <br />which such approval shall not be unreasonably withheld. If this Lease is <br />assigned or if the Demised Premises or any part thereof is sublet or occupied by <br />anyone other than County without the express written consent of Landlord, <br />Landlord may collect rent from the assignee, subtenant, or occupant and apply <br />the net amounts collected to all rent herein reserved, but no assignment, <br />subletting, occupancy or collection shall be deemed a waiver of the covenants <br />contained. herein or the acceptance of the assignee, subtenant or occupant as <br />County or a release of the performance of the covenants on County's part herein <br />contained. ff Landlord shall consent to an assignment of this Lease, no further <br />or additional assignments may be made without the prior written consent of <br />Landlord. At least thirty (30) days prior to commencement of any sublease or <br />1s <br />County of Orange, in North Carolina - Hillsborough Commons 07/02/08 <br />Il~TITTALS / <br />I r~~ ,I~iJN'TY <br />