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765
CITY-OF-BATESVILLE
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765
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M <br />low <br />reasonably operate in the remainder in sul_,stantially the same as before. <br />In the event the net amount awarded as damages or paid as a result of such taking <br />as defined above, togehter with the amount then in the Bond Fund, shall be in ex- <br />cess of the amount necessary to pay the total bond redemption expense, if Lessee <br />is not in default in any of its other obligations under this Lease and Agreement in- <br />volving monetary matters, such excess shall belong to and be paid to the Lessee, <br />and if Lessee is in default with reference to any of its monetary obligations, the <br />amount of the excess in excess of the amount necessary to satisfy said monetary <br />obligations with reference to which Lessee is in default shall be paid to Lessee. <br />The Lessor agrees that it will not voluntarily accept, without the prior approval of <br />the Lessee, any amount as damages for a taking which shall be less than the "total <br />bond redemption expense" , and the Lessor agrees that it will cooperate with the <br />Lessee with reference to any award with the end in view of obtaining the maximum <br />possible award justifiable as damages for the taking. <br />B. If less than substantially all of the leased premises shall be taken <br />or condemned by a competent authority for any public use or purpose, neither the <br />term nor any of the obligations of either party under this Lease and Agreement shall <br />be affected or reduced in any way, and <br />(i) If any part of the improvements owned by Lessor <br />on the leased premises (improvements as used herein <br />shall include an item of Lessor's machinery and equip- <br />ment) is taken, Lessee shall proceed to repair or <br />rebuild (repair or rebuild shall include replacement of <br />any item of Lessor's machinery and equipment) the <br />remaining part as nearly as possible to the condition <br />existing prior to such taking, to the extent that the <br />same may be feasible, subject to the right on the part <br />of the Lessee to make alterations so as to improve the <br />efficiency of the improvements; and <br />(ii) The entire condemnation award shall be paid to the Lessee, <br />and the Lessor hereby assigns the same to the Lcssee <br />for the use of the Lessee in repairing and rebuilding as <br />provided in (i) above. The said award shall be trans- <br />ferred to the Lessee in the same manner as is provided <br />in Section 1301 with respect to insurance proceeds, <br />
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