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<br />'. <br /> <br />.. <br /> <br />'~}':~,~II' . <br /> <br />'93-11.08fs9 <br /> <br />SECTION 7. <br /> <br />Condemngtion. <br /> <br />Unless the provisions of <br /> <br />Section 7.01(b) of the Agreement aY~ applicable and the Com~any has <br /> <br />exercised its option to prepay che Notes in whc11e pursuant to such <br /> <br />provisions, and as 10:1g as any Bonds remain outstanding under the <br /> <br />terms of the Indenture, all moneys and awards payable as damages <br /> <br />and/or compensation for the taking of title to or possession of, or <br /> <br />for damage to any portion of the Project by reason of any <br /> <br />condemnation, eminent domain, cha.nge of grade, or other proceeding <br /> <br />shall be paid to the Trustee and such moneys and awards are hereby <br /> <br />assigned to the Trustee. <br /> <br />If no default is continuing under the <br /> <br />Agreement, the Notes, or this Mortgage, the Trustee will cause said <br /> <br />proceeds received by it to be applied in one or more of the <br /> <br />following ways as shall be directed in writing by the Company: <br /> <br />(a) The restoration of the Building or other <br />improvements located on. the Land to substantially the <br />Same condition as they existed prior to the exercise of <br />the said power of eminent domain; or <br /> <br />(b) The acquisition by construction or otherwise, <br />by the Company of other improvements suitable for the <br />Company's operations at the Project (which improvements <br />shall be deemed a part of the Project) provided that such <br />improvements shall be acquired by the Company subject to <br />no liens or encumbrances prior to the lien of this <br />Mortgage; or <br /> <br />(c) The partial prepayment of the Notes and <br />redemption of the principal of any of the Bonds together <br />with accrued interest thereon to the Date of Redemption <br />(as defined in the Agreement) and the applicable premium <br />pursuant to the terms of the Indenture; provided that no <br />part of any such condemnation award may be applied for <br />such prepayment unless (i) all of the Bonds are to be <br />redeemed in accordance w1th the Indenture; or (ii) in the <br />event that less than all of the Bonds are to be redeemed, <br />the Company shall furnish to the Issuer and the Trustee <br />a certificate of a registered and qualified engineer <br />acceptable to the Trustee stating (1) that the property <br />forming a part of the Project that was taken by such <br /> <br />11 <br /> <br />