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be based; and (d) any statements, representations, promises, warranties, or <br />other communication made by or on behalf of any other intended beneficiaries <br />of this Section. The mediation shall be conducted before the American <br />Arbitration Association ( "AAA ") in accordance with AAA's commercials or <br />Construction Industry Mediation Rules. If the dispute or other matter is not <br />fully resolved by mediation, then the same shall be submitted to binding <br />arbitration before AAA in accordance with their Commercial or Construction <br />Industry Arbitration Rules, and judgment upon the award rendered by the <br />arbitrator(s) may be entered in and enforced by any court having jurisdiction <br />over such dispute or other matter. Unless otherwise provided by law, the <br />costs of mediation and arbitration shall be borne equally by the parties <br />involved, if the dispute or other matter is arbitrated, the arbitrator(s) shall have <br />the right to award reasonable attorneys' fees, costs and expensed, including <br />those incurred in mediation, arbitration, or other matters. All decisions <br />regarding whether a dispute or other matter is subject to arbitration shall be <br />decided by the arbitrator. <br />18. Condemnation. If the whole or any part of the Property shall be taken by any <br />public authority under the power of eminent domain at any time during the <br />term of this Lease, Lessor and the Company shall each be entitled to share in <br />the award to the extent of their respective interests in the Property with respect <br />to any taking. In the event only a portion of the Property is taken, and if <br />notwithstanding such taking the Company will be able to continue to conduct <br />its business in the remainder of the Property in substantially the manner it was <br />being conducted immediately prior to such taking, this Lease shall cease only <br />as to the part taken. If, however, by reason of the condemnation there is not <br />sufficient property left in or upon the Property for the Company to conducting <br />its business in substantially the manner in which it was being conducted <br />immediately prior to such taking, then an in such event this Lease shall <br />terminate. All condemnation awards on account of the interest of the Lessor <br />shall be paid to the Lessor and all awards on account of Company's leasehold <br />interest shall be paid to Company. The allocation of any lump sum award for <br />any taking between Lessor and Company shall be made by agreement <br />between them, if possible, or if the parties cannot agree (I) the value of <br />Lessor's interest in the property affected by such taking and under this Lease, <br />and (ii) the value of Company's interest therein under the Lease. <br />19. Non-Business Day Deadlines. If a date for notice, performance or payment <br />falls on a holiday or weekend, the time for performance or payment shall be <br />extended to the next business day, and if notice, performance or payment has <br />occurred on such weekend or holiday or after 5:OOp.m. On any business day, it <br />shall be deemed to have occurred on the next business day. <br />20. Confidentiality; Recording. The parties agree that the terms and conditions of <br />this Lease are confidential and shall not be disclosed to any third party <br />without the consent of the other. Neither party shall record this Lease without <br />10 <br />