6.F.(1) Sub-Sublease with Kite Realty Eddy Street Garage

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Lease), or restoration cannot be completed within five years from the date of the Casualty L;vent, Landlord shall apply (or cause to be applied) the Casualty Insurance Proceeds or the Builder's Risk Insurance Procccds as required by the Trust Agreement, and the balance thereof, if any is remaining, shall be applied in furtherance of the Project. (C) In the event of a determination by the Professional that the cost of restoration exceeds the Casualty hlsurance Proceeds or the Builder's Risk Insurance Proceeds, then Landlord shall take any and all such actions as permitted by and subject to Indiana law to promptly fund the shortfall. Except to the extent provided in Section 7.2(B)(ii) of this Lcasc, Landlord shall take any and all actions required by the "frusl Agreement in order to ensure that the Casualty Insurance Procccds or the Builder's Risk Insurance Proceeds arc applied to the restoration of the Demised Premises. ARTICLL; VIII. EMINhN"I' DOMAIN Section 8.I. "f0"I'AL TAKING. If during the Demised Term the entire Demised Premises shall be taken by an exercise of the power of eminent domain (hereinafter referred to as a "Proceeding"), this Lease shall terminate as of the date of the vesting of title in the taking authority pursuant to such Proceeding. Section 8.2. PARTIAL TAKING. If during the Demised Term less than the entire Demised Premises shall be taken in any such Proceeding, this Lease shall terminate as to the portion of the Demised Premises so taken upon the vesting of title in the taking authority pursuant to the Proceeding and this Lease shall continue as to the remainder of the Demised Premises. Section 83. hI:MPORARY TAKING. If all or any portion of the Demised Premises is taken by the exercise of the right of eminent domain for governmental occupancy for a limited period, this Lease shall not terminate and Tenant shall continue to perform its obligations hereunder as though such taking had not occurred except to the extent that it may be prevented from so doing pursuant to the terms of the order of the authority which made the taking. In the event of such a temporary taking, Tenant shall be entitled to the entire award made for such taking (whether paid by way of damages, rent or otherwise). Section 8.4. AWARD. Tenant shall be entitled to the entire award Isom the condemning authority attributable to the value of the Demised Premises and any improvements located thereon and Landlord shall make no claim. ARTICI,I? [X. ASSIGNMENI~ AND SUBLETTING Landlord shall not assign this Lease or sublet the Demised Premises or mortgage or otherwise encumber any interest therein to any person or entity without Tenant's prior written consent. Landlord acknowledges that (i) the Sublease may not be amended without "tenant's prior written consent, (ii) the term of the Master Lease and the Sublease may not extend beyond -7-