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22 <br /> proceedings is not essential to Tenant's use or occupancy of the <br /> Premises, or (ii). that the Premises has been restored to a <br /> condition substantially equivalent to its condition prior to the <br /> taking by such condemnation proceedings or (iii) that <br /> improvements have been acquired which are suitable for Tenant's <br /> operations at the Premises as contemplated herein. <br /> Within ninety days from the date of entry of a final order in any <br /> eminent domain proceedings granting condemnation, Tenant shall <br /> direct Landlord in writing as to which of the ways specified <br /> herein 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 ther <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 and the Net Proceeds of such <br /> condemnation proceedings shall be paid to Landlord and Tenant as <br /> their 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 of the leasehold estate of 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 /> 11 <br />