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<br /> 7 <br />EBDA Airport Building Commercial Lease <br />Premises is reduced. Any Rent reduction will be effective as of the date of possession of a <br />portion of the Premises is delivered to the condemning authority. <br /> <br />Any award for the taking of all or part of the Premises under the power of eminent <br />domain, including payments received for a sale to the condemning authority in lieu <br />thereof, will be the property of Landlord, whether made as compensation for diminution <br />in value of the leasehold, for the taking of the fee, or for severance damages. Tenant may <br />make a separate claim for loss of or damage to Tenant’s trade fixtures and removable <br />personal property and Tenant’s moving expenses, so long as Tenant’s claim does not <br />result in any reduction to the amount of the award otherwise payable to Landlord. <br /> <br />10. ASSIGNMENT OR SUBLEASE. The Tenant shall not assign this Lease or sublease the <br />Premises or any part thereof without prior written consent of Landlord. This Lease is not <br />assignable by operation of law. If Tenant is a corporation, any transfer of this Lease by <br />merger, consolidation or liquidation, or any change in ownership, or power to vote the <br />majority of the outstanding vote stock of Tenant, constitutes an assignment for purposes <br />of this section. If Tenant is a partnership or proprietorship, a transfer or controlling <br />interest in such partnership or proprietorship constitutes an assignment for purposes of <br />this section. <br /> <br />If Tenant at any time desires to assign this Lease or to sublet the Premises, it must first <br />notify the Landlord in writing and offer Landlord the right t o recapture all or any part of <br />the Premises which tenant desires to sublet or assign. Landlord has the option, which may <br />be exercised within sixty (60) days from the date of receipt of notice, to require Tenant to <br />execute an assignment to Landlord of this Lease or a sublease to the Landlord of the <br />Premises (or such portion of either as Tenant desires to sublet or assign, as the case may <br />be) with the right of Landlord to assign or sublet to anyone. <br /> <br />If Landlord exercises this option and such assignment or sublease is at or above the rental <br />rate specified in this Lease, then Tenant will be released from all further liability after the <br />effective date of the assignment or sublease, with respect to the portion of the Premises <br />subject thereto. If Landlord does not exercise its option to recapture within 60 days from <br />the date of receipt of notice, then Tenant may thereafter assign this Lease or sublet the <br />Premises as proposed, provided Landlord has consented in writing thereto. <br /> <br />No inaction by Landlord in connection with its rights under this Section will constitute an <br />approval of a proposed assignment or sublease. Whether Landlord shall grant consent to <br />an assignment or subletting, Tenant shall pay Landlord the reasonable legal fees Landlord <br />incurs to review the proposal. <br /> <br />11. DEFAULT- REMEDIES. <br />a. Default by Tenant. The occurrence of any one or more of the following events <br />constitutes a default under this Lease by Tenant: <br />i. Vacation or abandonment of Premises;