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Ank 0 0 BOOK 21 PAGE i73 less than thirty-three and one-third percent (33-1/3%) of the replacement cost thereof, Landlord may elect to terminate this Lease whether or not the Premises are insured, by written notice to Tenant. A total destruction of the Building situate on said Premises shall terminate this Lease. Notwithstanding the aforesaid provisions, in the event the damage caused by the partial destruction of the Premises cannot be repaired within a period of six (6) months from the happening of such damage, then either Landlord or Tenant may terminate this Lease upon written notice to the other. b) For the purposes of this Lease, the word "condemned" is coextensive with the phrase "right to eminent domain," that is, the right of the people or government to take property for government use, and shall include the intention to condemn expressed in writing as well as the filing of an action or proceeding for condemnation. If any action or proceeding is commenced for the condemnation of the Premises or any portion thereof, or if Landlord is advised in writing by any government (federal, state or local) agency or department or bureau thereof, or any entity or body having the right or power of condemnation of its intention to condemn all or any portion of the Premises at the time thereof, or if the Premises or any part or portion thereof be condenmed through such action, then and in any such events: (a) Landlord may, without any obligation or liability to Tenant, and without affecting the validity or existence of this Lease other than as hereafter expressly provided, agree to sell and/or convey to the condemnor, without first requiring that any action or proceeding be instituted, or if such action or proceeding shall have been instituted, without requiring any trial or hearing thereof, and Landlord is expressly empowered to stipulate to judgment therein, the part and portion of the Premises sought by the condemnor, free from this Lease and the rights of Tenant hereunder; (b) Tenant shall have no claim against Landlord nor be entitled to any part or portion of the amount that may be paid or awarded as a result of the sale, for the reasons as aforesaid, or condemnation of the Premises or any part or portion thereof. Tenant is hereby assigning, transferring and setting over to Landlord any interest, if any, which Tenant would, but for this provision, have in, to, upon or against the Premises or any part or portion thereof, or the amount agreed to be paid and/or awarded and paid to Landlord, excepting only Tenant shall be entitled to seek to recover as against the condemnor, and the Landlord shall have no claim for or thereto, for Tenant's trade fixtures and any removable structures and improvements erected and made by Tenant to or upon the Premises which Tenant is entitled to remove at the expiration of this Lease. If only a part of the Premises is condemned and taken and the remaining portion thereof is not suitable for purposes for which Tenant has leased said Premises, either Landlord or Tenant shall have the option to terminate this Lease at the time of such taking. If by such condemnation and taking only a part of the Premises is taken, and the remaining part thereof is suitable for the purposes for which Tenant has leased said Premises, this Lease shall continue, but the rental shall be reduced in an amount proportionate to the percentage that the floor area of that portion