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1(0 <br />Tenant elects to have the condemnation award applied: Any <br />ba-lance 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, alT or substantially <br />-all the Premises shall have been taken under the exercise of the <br />power of eminent damari ley any governinenbal 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 certi:fi:cate 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 lie 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 />wi11, to the extent it may lawfully do so., permit Tenant to <br />litigate in any such proceeding in the. name and behalf~of <br />Land=Lord. In no event will Landlord voluntarsly settle, ar <br />consent to the settlement af, any prospective or pending <br />condemnation proceeding wzth respect to the Fremises or any part <br />thereof without the written consent of Tenant. <br />Tenant shall be enGit ed 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 a1:1. ox- a portion of the leasehold estate of Tenant in <br />the Premises created by th~.s Lease shaT1 be .paid. and applied in <br />the manner provided: herein. <br />$. Granting o'f Easements. If no event of default shall <br />have happened and be continuing, Tenant may at any dime or times <br />grant. easements, licenses, rights of way (.including the <br />dedication of public highways.) and other: rights or privileges i.n <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 />ar appropriate to confirm and grant or release any such easement, <br />license-,.right of way or other right. or privilege upon receipt. <br />of: {) a copy of the instrument of grant or release; iii) a <br />written application signed by a vice president of Tenant <br />regii.esting such instrument; and (i:ii_) 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 C2) that. such grant or release will not impair the <br />effective use or interfere with the operation of, or adversely <br />affect the title o~ Landlord to, the Premises. <br />12 <br />