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results in the violation of any law, governmental regulation or insurance policy of <br /> Lessor relating to the Building or which will increase Lessor's insurance rates on the <br /> Building. <br /> 10. TAKING FOR PUBLIC USE. <br /> Lessee further agrees that if the Leased Premises, or any part thereof, or <br /> any part of the improvements of which they form a part, shall be taken for any street <br /> or public use, or shall during the continuance of this Lease be destroyed by the action <br /> of the public authorities, then this Lease shall thereupon terminate. Lessor shall be <br /> entitled to the full amount of any award or payment for the taking of the real estate. <br /> Lessee shall be entitled only to separate payments, if any, made for the loss of good <br /> will relating to Lessee's restaurant operation, Lessee's trade fixtures and payments <br /> made under applicable relocation regulations; provided that Lessee shall in no <br /> event be entitled to any part of the award for the taking of the real estate or <br /> leasehold estate. <br /> 11. DESTRUCTION BY FIRE. <br /> It is further agreed between Lessor and Lessee that if during the term of <br /> this Lease or any renewal hereof the Leased Premises or the improvements thereon <br /> shall be injured or destroyed by fire or the elements, or through any other cause, so <br /> as to render the Leased Premises unfit for occupancy, or makes it impossible to <br /> • conduct the business of Lessee thereon, or to such an extent that they cannot be <br /> repaired with reasonable diligence within one hundred twenty (120) days from the <br /> happening of such injury, then either party may terminate this Lease from the date <br /> of such damage or destruction, and Lessee shall immediately surrender the Leased <br /> Premises and all interest therein to Lessor, and Lessee shall pay rent only to the time <br /> of such surrender; and in case of any such destruction or injury Lessor may re-enter <br /> and repossess the Leased Premises discharged of this Lease, and may dispossess all <br /> parties then in possession thereof. But if the Leased Premises can be restored within <br /> one hundred twenty (120) days from the happening of the injury thereto, and Lessor <br /> within thirty (30) days from the occurrence of such injury elects in writing to so <br /> repair or restore the Leased Premises within one hundred twenty (120) days from <br /> the happening of the injury thereto, then this Lease shall not end or terminate on <br /> account of such injury by fire or otherwise, but the rent shall not run or accrue after <br /> the injury and during the process of repairs, and up to the time when the repairs <br /> shall be completed, except only that Lessee shall during such time pay a pro rata <br /> portion of such rent apportioned to the portion of the Leased Premises which are in <br /> condition for occupancy, then Lessor shall repair the same with reasonable <br /> promptness, and in that case the rent shall be reasonably adjusted to account for any <br /> diminished use or value to Lessee. <br /> -6- <br />