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<br />the business then being conducted by Lessee, then Lessor, to the extent possible, shall promptly
<br />restore the Premises to a condition comparable to its condition immediately prior to such taking
<br />(less the portion lost in the taking) and this Lease shall continue in full force and effect. In the
<br />event that this Lease shall not terminate upon any taking of all or any part of the Premises, there
<br />shall be an equitable reduction in rent with respect to the Premises.
<br />Except as otherwise herein specifically provided, Lessor or its first mortgage
<br />lender shall be entitled to all awards and proceeds payable by reason of any taking, whether full
<br />or partial, as damages or otherwise. Lessee hereby expressly waives any right or claim to any
<br />part thereof and assigns to Lessor its interest therein, provided, however, that where such taking
<br />results in a termination of this Lease as to all or any part of the Premises, then Lessee shall be
<br />entitled to that portion, if any, of an award made to, or for the benefit of Lessee specifically for
<br />the cost of removal of trade fixtures. Lessee shall have no claim against Lessor for the value of
<br />the unexpired term of Lease as to the part of the Premises taken. Nothing contained herein shall
<br />be construed to preclude Lessee from prosecuting any claim directly against the condemning
<br />authority in any condemnation proceedings; provided, however, than no such claim shall
<br />diminish or otherwise adversely affect Lessor's award or the award of any mortgagee.
<br />11. Maintenance. The Lessee agrees to maintain the buildings, and improvements
<br />now or hereafter erected on the Premises, and to keep the same in good order and condition,
<br />except for ordinary wear and tear, and shall promptly, and at Lessee's own cost and expense,
<br />make all necessary repairs, whether exterior or interior, to all parts of the same. When used in
<br />this Lease, the term "repairs" shall include replacements or removal, when necessary, and all
<br />such repairs shall be equal in quality and class to the original work.
<br />Lessee will not, at any time permit any mechanics', laborers', or materialmen's
<br />liens to be filed against the Premises for any labor or material furnished to Lessee or claims to
<br />have been furnished to Lessee or to Lessee's agents, contractors, or sublessees, in connection
<br />with work of any character performed or claimed to have been performed on the Premises by, or
<br />at the direction of sufferance of Lessee. Lessor shall not be required to make any expenditures
<br />whatsoever in connection with maintenance of the Premises under this Lease or to make any
<br />repairs or to maintain the Premises in any way. Lessee shall pay and promptly discharge, at
<br />Lessee's sole cost and expense, all such liens.
<br />12. Fixtures and Equipment. It is specifically understood and agreed that Lessee
<br />shall own any and all equipment or machinery installed in the Premises by Lessee at its expense,
<br />and Lessee may at any time remove the same from the Premises, except heating, lighting, and
<br />building air conditioning equipment and anything constituting a permanent installation and part
<br />of the building. Lessee shall make any structural or other repairs necessary as a result of the
<br />removal of any equipment or machinery. All such repair work shall be acceptable to and
<br />approved by Lessor.
<br />13. Alterations. Lessee may make such alterations, additions, installations, changes,
<br />and improvements in the buildings upon the Premises as may be necessary for Lessee's
<br />purposes, provided such alterations, additions, installations, changes and improvements shall not
<br />change the use and nature of the Premises or improvements, and provided Lessor shall approve
<br />of the same in writing prior to commencement of any such work. Should any alterations,
<br />KC01 DOCS1669217.3 4
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