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months or less from the date of the damage or destruction and/or the cost thereof exceeds a sum equal to 6 month's Base Rent. Lessor
<br />shall notify Lessee in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or
<br />Total.
<br />(c) "Insured Loss" shall mean damage or destruction to improvements on the Premises, other than
<br />Lessee Owned Alterations and Utility Installations and Trade Fixtures, which was caused by an event required to be covered by the
<br />insurance described in Paragraph 8.3(a). irrespective of any deductible amounts or coverage limits involved.
<br />(d) "Replacement Cost" shall mean the cost to repair or rebuild the improvements owned by Lessor at
<br />the time of the occurrence to their condition existing immediately prior thereto. including demolition. debris removal and upgrading
<br />required by the operation or Applicable Requirements, and without deduction for depreciation.
<br />(e) "Hazardous Substance Condition" shall mean the occurrence or discovery or a condition,
<br />involving the presence of. or a contamination by. a Hazardous Substance. in.. on. or under the Premises or Common Area, which requires
<br />restoration.
<br />9.2 Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs. then Lessor shall, at
<br />Lessor's expense. repair such damage (but not Lessee's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as
<br />reasonably possible and this Lease shall continue in full force and effect. Notwithstanding the foregoing, if the required insurance was
<br />not in force or the insurance proceeds are not sufficient to allect such repair, the Insuring Party shall promptly contribute the shortage
<br />in proceeds as and when required to complete said repairs. In the event, however, such shortage wns due to the fact that, by reason of
<br />the unique nature of the improvements, full Replacement Cost insurance coverage was not commercially reasonable and available,
<br />Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects orthe Premises unless
<br />Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within 10 days following receipt of written notice
<br />or such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof within said 10 day period, the party
<br />responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall remain in full force and
<br />effect. II'such funds or assurance are not received, Lessor may nevertheless elect by written notice to Lessee within 10 days thereafter
<br />to: (i) make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this
<br />Lease shall remain in full forceand effect, or (ii) have this Lease terminate 30 days thereafter. Lessee shall not be entitled to
<br />reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or
<br />earthquake shall be subject to Paragraph 9 3, notwithstanding that there may be some insurance coverage, but the net proceeds of any
<br />such insurance shall be made available for the repairs if made by either Party.
<br />9.3 Partial Damage - Uninsured Loss. If a Premises Partial Damage that is not an Insured Loss occurs, unless caused
<br />by agrossly negligent or willful act ol'Lessee (in which event Lessee shall make the repairs at Lessee's expense), Lessor may either: (I)
<br />repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect,
<br />or (ii) terminate this Lease by giving written notice to Lessee within 30 days alter receipt by Lessor of knowledge of the occurrence of
<br />such damage. Such termination shall he effective 60 days following the date of such notice. In the event Lessor elects to terminate this
<br />Lease, Lessee shall have the right within 10 days after receipt or the termination notice to give written notice to Lessor or Lessee's
<br />commitment to pay ror the repair of such damage without reimbursement from Lessor. Lessee shall provide Lessor with said funds or
<br />satisfactory assurance thereof within 30 days after making such commitment. In such event this I -ease shall continue in full force and
<br />ef'f'ect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the required funds are made available to
<br />Lessor. If Lessee does not make the required commitment, this Lease shall terminate as of the date specified in the termination notice.
<br />9.4 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease
<br />shall terminate 60 days following such Destruction. Ir the damage or destruction was caused by the gross negligence or willful
<br />misconduct of Lessee, Lessor shall have the right to recover Lessors damages from Lessee, except as provided in Paragraph 8.6.
<br />9.5 Damage Near End of Term. If at any time during the last 12 months of this Lease there is damage for which the cost
<br />to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective as of the date of
<br />occurrence orsuch damage by giving a written termination notice to Lessee within 90 days after the date of occurrence of such damage.
<br />Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend ibis Lease and the damage is an Insured Loss,
<br />then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds
<br />(or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee's receipt
<br />or Lessor's written notice purporting to terminate this Lease, or (if) the day prior to the date upon which such option expires. If Lessee
<br />duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in
<br />insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and
<br />this Lease shall continue in fullforce and effect. If Lessee fails to exercise such option and provide such funds or assurance during such
<br />period, or if the damage is not an Insured Loss, then this Lease shall terminate on the date specified in the termination notice and Lessee's
<br />option shall be extinguished.
<br />9.6 Damage to Shopping Center. In the event of any damage or destruction to other portions of the Building or to any
<br />other buildings in the Shopping Center, whether insured or uninsured (and whether or not there is also damage or destruction to the
<br />Premises), which cannot reasonably be repaired in 12 months or less from the date of the damage or destruction, Lessor may either (i)
<br />repair such damage or destruction as soon as reasonably possible without expense to Lessee, in which event this Lease shall continue in
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