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Agenda Packet
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other powers of eminent domain with respect to the Leased Premises, or any part thereof or any interest <br />therein, during the Term of this LEASE. <br />10.3. Entire Takina. If all or substantially all of the Leased Premises shall be Taken in Condemnation <br />Proceedings, from and after the date of such Taking, PROJECT and CITY shall not have any other <br />obligations under this LEASE with respect to the Leased Premises, except for those obligations which <br />expressly survive the termination hereof. <br />10.4. Partial, Taking. <br />(a) If less than all of the Theater shall be Taken in any Condemnation Proceeding, from and after <br />the date of such partial Taking, PROJECT and CITY shall not have any other obligations under <br />this LEASE with respect to the portion of the Theater that has been Taken, except for those <br />obligations which expressly survive the termination hereof. <br />(b) If, following such Taking, PROJECT determines that the remaining leased area is insufficient <br />to operate a Theater as intended by the Parties hereto, then PROJECT, at its election, may vacate <br />the Theater, and from and after such date PROJECT and CITY shall not have any other <br />obligations under this LEASE with respect to the Leased Premises, except for those obligations <br />which expressly survive the tennination hereof. Such election to vacate must be exercised no <br />later than ninety (90) days after the date of such Taking. <br />(c) If PROJECT does not vacate the Theater upon any partial Taking, then the Leased Premises <br />shall be reduced by the portion thereof taken in the Condemnation Proceedings, and PROJECT <br />shall commence and proceed to repair or reconstruct the remaining Improvements on the <br />Theater, if any; provided, however, PROJECT's obligation to so repair or reconstruct the <br />remaining Improvements shall be limited to the proceeds of the condemnation award actually <br />awarded to and received by PROJECT. <br />10.5. Condemnation Award. Any condemnation award shall be divided between CITY and PROJECT in <br />accordance with the relative amounts expended by each Party for capital costs pertaining to the Leased <br />Premises. CITY shall deliver to PROJECT that portion of any condemnation award that CITY may receive <br />to which PROJECT is entitled as provided in this Section. <br />10.6. S.,ett,le.,m,en,tof.Pro.c,,e,edi.nti.. CITY shall not make any settlement with the condemning authority in any <br />Condemnation Proceedings nor convey or agree to convey the whole or any portion of the Leased Premises <br />to such authority in lieu of condemnation without first obtaining the written consent of PROJECT. <br />ARTICLE 11. Representations, Warranties and Special Covenants <br />11.1. CITY's RgIatpwntations, Warrant'es,&Special. Covenants. CITY hereby represents, warrants, and <br />covenants as follows: <br />(a) Existence. CITY is a home rule municipal corporation of the State of Texas duly incorporated <br />and currently existing pursuant to the constitution and laws of the State of Texas, including the <br />Texas Local Government Code and Texas Government Code, <br />11 <br />
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