KOTTINGER GARDENS PHASE 1 GROUND LEASE - MAR 2016

(c) To Lessee, that portion of the award equal to the fair market value of the Improvements (subject to Lessor's reversionary interest), less the amount paid to the Lenders pursuant to (a) above. (d) Any "bonus value` (i.e.. any portion of the award attributable to the fact that the rent payable by Lessee under this Lease is at a below market rate) shall be paid to Lessor: provided however, if the condemning agency is Lessor, any such "bonus value" shall be equally divided between Lessor and Lessee. (e) The balance. if any, shall be allocated between Lessor and Lessee respectively in that proportion in which (i) the fair market value of the Land bears to (ii) the fair market value of the Improvements, exclusive of Lessor's reversionary interest. (B) Award on Partial Taking. In the event of a partial taking. after application of the Award for restoration, any remaining portion of such award shall be apportioned as follows, in the following order: (a) To the Lenders in an amount equal to the amounts owing on the Leasehold Mortgages. (b) To Lessor, that portion of the award attributable to the fair market value of the portion of the Land taken. (c) To Lessee, that portion of the award equal to the fair market value of the portion of the Improvements taken (subject to Lessor's reversionary interest), less the amount paid to the Lenders pursuant to (a) above, but only to the extent that the proceeds of the award are not used for restoration of the Improvements. (d) Any "bonus value' (i.e.. any portion of the award attributable to the fact that the rent payable by Lessee under this Lease is at a below market rate) shall be paid to Lessor; provided however- if the condemning agency is Lessor, any such "bonus value' shall be equally divided between Lessor and Lessee. (e) The balance, if any. shall be allocated between Lessor and Lessee respectively in that proportion in which (i) the fair market value of the Land bears to (ii) the fair market value of the Improvements exclusive of the reversionary interest of Lessor. (f) Any severance damages awarded or payable because only a portion of the Land and Improvements are taken by eminent domain shall be (a) paid to Lessee during the first 37.5 years of this Lease and (b) equally divided between Lessee and Lessor during the next 37.5 years of this Lease (except to the extent needed to replace any Improvements taken by eminent domain with equivalent Improvements on the remainder of the Land). (C) Award for Temporary Taking. Any award for a temporary taking shall. subject to the rights of any Lender, he awarded and retained by Lessee. 36 191 A52V 1656915.8 OAK#4834-9609-1684 vl I