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14 <br />Tenant elects to have the condemnation award applied. Any <br />balance of the Net Proceeds of the award in such eminent domain <br />proceedings shall be paid to Landlord and Tenant, as their <br />interests may appear. <br />if title to, or the temporary use of, all or substantially <br />all the Premises shall have been taken under the exercise of the <br />power of eminent domain by any governmental authority, or person, <br />firm or corporation acting under governmental authority, <br />including. such a taking or takings as results, in the opinion of <br />an Independent Engineer expressed in a certificate filed with <br />Landlord, in Tenant being thereby prevented from carrying on its <br />normal operations therein for a period of four consecutive <br />months, this Lease shall terminate at Tenant's election and in <br />the event of termination the Net Proceeds of such condemnation <br />proceedings shall be paid to Landlord and Tenant as their <br />interests shall appear. <br />Landlord shall cooperate fully with Tenant in the handling <br />and conduct of any prospective or pending condemnation <br />proceedings with respect to the Premises or any part thereof and <br />will, to the extent it may lawfully do so, permit Tenant to <br />litigate in any such proceeding in the name and behalf of <br />Landlord. In no event will Landlord voluntarily settle, or. <br />consent to the settlement of, any prospective or pending <br />condemnation proceeding with respect to the Premises or any part <br />thereof without the written consent of Tenant. <br />Tenant shall be entitled to the Net Proceeds of any <br />condemnation award or portion thereof made for damages to or <br />takings of its own property not included in the Premises, <br />provided that any Net Proceeds resulting from damages to or <br />...... taking-of ...._ all-or .-- a-- .portion....o- f_.... the __.lea.s_eho.ld...e.sta.te.... o..f.....Tenant in...__...... <br />the Premises created by this Lease shall be paid and applied in <br />the manner provided herein. <br />8. Granting of Easements. if no event of default shall <br />have happened and be continuing, Tenant may at any time or times <br />grant easements, licenses, rights of way (including the <br />dedication of public highways) and other rights or privileges in <br />the nature- of easements with respect to the Premises, or Tenant <br />may release. existing easements, licenses, rights of way and other <br />rights or privileges with or without consideration, and Landlord <br />agrees that it.shall execute and deliver any instrument necessary <br />or appropriate to confirm and grant or release any such easement, <br />license, right.of way or other right or privilege upon receipt <br />of- (i) a copy of the instrument of grant or release; (ii) a <br />written application signed by a vice president of Tenant <br />requesting such instrument; and (iii) a certificate executed by a <br />vice president of Tenant stating (1) that such grant or release <br />is not detrimental to the proper conduct of the business of <br />Tenant, and (2) that such grant or release will not impair the <br />effective use or interfere with the operation of, or adversely <br />affect the title of Landlord to, the Premises. <br />12 <br />