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2oos45599 <br />Improvements located on the Fanner Property which may be required in order to <br />place the remaining portion of Former Property not so condemned in a suitable <br />condition for Lessee's further occupancy. <br />c. CitYFroperty. If the whole of the City Property shall be taken or condemned by any <br />competent authority for any public use or purpose, then this Lease shall terminate as <br />to the City Property on the day prior to the taking of possession by such authority or <br />on the day prior to the vesting of title in such authority, whichever first occurs, and <br />rent hereunder (if any) shall be paid to and adjusted as of that day. If a portion of the <br />City Property shall be condemned or taken and, as a result thereof, there shall be such <br />a major change in the character of the Leased Premises as to prevent Lessee from <br />using the same in substantially the same manner as theretofore used, then in that <br />event, Lessee may either cancel and terminate this Lease, as to the entire Leased <br />Premises or solely the City Property, as of the date on which such authority takes <br />possession of the City Property or title to the City Property is vested in such <br />authority, or Lessee may continue to occupy the remaining portion, provided, <br />however, that Lessee shall give written notice to Lessors and Wells Fargo (if the <br />Wells Fargo Agreement then remains in effect), within thirty (30) days after the date <br />of any taking or vesting of title, of its election. In the event Lessee does not elect to <br />terminate this Lease, all the terms and conditions of this Lease shall remain in full <br />force and effect with respect to such remaining portion and this Lease shall continue <br />for the balance of its Term, subject to the terms and conditions herein stated. The <br />entire award of damages or compensation far the fee title to the City Property taken, <br />or the amount paid pursuant to private purchase in lieu thereof, whether such <br />condemnation or sale be total or partial, shall belong to and be the property of Wells <br />Fargo and the City in accordance with the terms of the Wells Fargo Agreement (also, <br />as among the City, Wells Fargo and Former, subject to the terms of the Ground <br />Lease) and Lessee hereby assigns to the Wells Fargo and the City, as their respective <br />interests may appear under the terms of the Wells Fargo Agreement, any rights it may <br />have at law or in equity to any and all such award or purchase price. Nothing herein <br />contained shall be deemed or construed to prevent Lessee from interposing and <br />prosecuting in any condemnation proceeding a claim for the cost, loss, or damages <br />sustained by Lessee as the result of any alterations, modifications, or repairs of the <br />City Improvements which may be required in order to place the remaining portion of <br />City Property not so condemned in a suitable condition for Lessee's further <br />occupancy. <br />13. Covenant A ainst Construction Liens. Lessee shall do all things necessary to prevent the <br />filing of any construction liens against the Leased Premises or any portion thereof by <br />reason of any work, labor, services performed or any materials supplied or claimed to <br />have been performed or supplied to Lessee. If any such lien shall at any time be filed, <br />Lessee shall either cause the same to be vacated and canceled of record within thirty (30) <br />days after the date of the filing thereof or, if Lessee in good faith determines that such <br />lien should be contested, Lessee shall furnish such security by surety bond or otherwise <br />as may be necessary or be prescribed by law to release the samme as a lien against the <br />-17- <br />