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to the date of such termination, and neither party shall have any further rights or liabilities <br />hereunder. With respect to any items of Additional Rent which are payable to Landlord in the <br />event of such termination, but which are not then ascertainable, Tenant shall pay to Landlord an <br />amount equal to such Additional Rent as and when the same is determined. The covenants and <br />agreements with respect to the adjustment and payment of items of Additional Rent shall survive <br />the termination of this Lease. <br />Section 13.03 In the event of a taking resulting in the termination of this Lease pursuant to the <br />provisions of Sections 13.01 or 13.02, the parties hereto agree to cooperate in applying for and in <br />prosecuting any claim for such taking and further agree that the aggregate net award shall be <br />distributed as follows: <br />(a) Landlord shall be entitled to the entire award for the Demised Premises. <br />(b) Tenant shall be entitled to any award that may be made for the taking of, or <br />injury to or on account of, any cost or loss Tenant may sustain in the removal of its merchandise, <br />fixtures, moveable trade fixtures and equipment and furnishings, and so long as it does not <br />diminish the amount of the award otherwise available to Landlord for the Demised Premises, the <br />award for loss of business and goodwill. <br />Section 13.04 <br />(a) In case of a taking of less than fifty percent (50%) of the Demised Premises, <br />and if this Lease is not terminated as provided in Section 13.02 above, Tenant shall proceed with <br />diligence (subject to reasonable time periods for purposes of adjustment of any award and <br />unavoidable delays) to repair or reconstruct the Building to a complete architectural unit (all <br />such repair, reconstruction and work being referred to in this Article as "Reconstruction Work"). <br />Landlord shall reimburse Tenant for the cost of the Reconstruction Work up to and not <br />exceeding the net compensation amount realized by Landlord as a result of such taking (i.e., the <br />gross amount of the compensation received by Landlord from the taking authority less all costs <br />and expenses incurred by Landlord in pursuing, prosecuting, and/or recovering its claim to such <br />award). <br />(b) In case of a taking of less than substantially all of the Demised Premises, and if <br />this Lease is not terminated as provided in Section 13.02 above, the Fixed Rent payable <br />hereunder shall, from and after the date of such taking, be reduced to an amount equal to the <br />product of the Fixed Rent then in effect multiplied by a fraction, the numerator of which shall be <br />the aggregate number of square feet of land area within the Demised Premises after the taking <br />and the denominator of which shall be the aggregate number of square feet of land area within <br />the Demised Premises immediately prior to the taking. <br />(c) Tenant shall be entitled to claim, prove and receive in any condemnation <br />proceeding such awards as may be allowed for loss of business and goodwill, provided such <br />award shall not diminish the amount of the award otherwise available to Landlord for the <br />Demised Premises hereunder. <br />(d) Any compensation for a temporary taking shall be payable to Tenant without <br />participation by Landlord, except to the proportionate extent such temporary taking extends <br />beyond the end of the Lease Term, and there shall be no abatement of Rent as a result thereof. <br />17 <br />