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EXHIBIT 1F
<br />Casually Damage, (if) ilia Flulder of any Security Instrument requires any insurance proceeds with respect to such Casualty Damage to be applied to
<br />the outstanding balance of Ilia obligation secured by such Security Instrument, (lid) the cost of the Restoration Is not fully covered by Insurance
<br />proceeds available to Landlord and/or payments received by Landlord from tarsals, (iv) Tenant shall be entitled to an abatement or Rent under this
<br />Section 13,1 for a period or time In excess of thirty-three percent (33%) of Ilia remainder of the Term, or (v) such Casually occurs during die last
<br />eighteen (18) months ol'the Term (disrcgnrding Extension Terms, if any). Such right of termination shaft be exercisable by Landlord by delivery of
<br />written notice to Tenant tit any time following the Casually until sixty (60) days Following the later of: (A) delivery of the Damage Notice or (B)
<br />Landlord's discovery or determination of say of the events described In clauses (i) through (v) cribs preceding sentence, and shall be effective upon
<br />deliveryorsuch notice of lerminntion for ifTenat has not vacated he Promises, thlrly (30) days thereafter),
<br />111.3 R4dyer. Landlord and Tenant agree that file provisions of this Section 111 and the remaining provisions of this Lease
<br />shall exclusively govern the rights find obligations of die parties with respect to any And all damage to, or destruction of, all or any portion of' the
<br />Premises or the Project, and Landlord and Tenant hereby waive and release each and all of their respective common law and statutory rights
<br />Inconsistent herewith, whether now or hereinafter in affect (including, without limitation, Sections 1932(2) and Ig33(4)'oFthe California Civil Code,
<br />as amended from time to tints),
<br />13,2 TAkiiie, IfthewholeoramaterialportionofthePremises,theBuildingortheProjectshallbetakenunderthepowerofeminent
<br />domain, or sold to prevent the exercise thereor (collectively, a "Taking"), this Lease shall automatically terminate as of tie earlier of the dote of
<br />transfer of title resulting from such Taking or the date of transfer of possession resulting f-om such Taking (the "Tatting Dew'). In file event or n
<br />Taking orsuch portion of the Project, the Building or die Promises as shall, In the opinion of Landlord, substantially interfere with Landlord's
<br />operation !hereof, Landlord may terminate this Lease upon thirty (30) days written notice to Tenant given at any time within sixty (60) days
<br />following the Taking Date. If a portion of the Premises is so.taken and this Lease is not terminated; (o) Landlord shall, with reasonable diligence
<br />and at Landlord's cost (to the extent orthe condemnation award received by Landlord), proceed to restore (to the extent permitted by Laws and
<br />Covenants, conditions and restrictions then applicable to the Project) the Premises (other than Tenant's Personal Property and Leasehold
<br />Improvements that are not consistent with then Building Standards) to a complete, functioning unit and (b) the Rase Rent payable hereunder shall be
<br />reduced proportionately based on the portion of tire Premiers so taken, Except as expressly provided otherwise in this SeEtIoll 13,2, the entire award
<br />for any Taking shall belong to Landlord (without deduction for any estate or interest of Tenant), except that Tenant shall be entitled to independently
<br />Pursue o separate award for the loss of, or damage to, Tenant's Personal Property and Tenant's relocation costs directly associated with the Taking
<br />(but Tenant shall act otherwise assort any claim against Landlord or Elie condemning authority). No Taking or any portion of the Premises, the
<br />Building a, die Prglect (or any portion thereof) for a period of less than two hundred seventy (270) days (a "Temporary Toldng") shall terminate
<br />this Lease or cantle Tenant to any abatement or ilia Rent payable to Landlord under this Lease; provided, however, Ills[ any award for any such
<br />Temporary Taking shall belong to Tenant, but only to the extent dint the mvard applies to any time period during the Tenn of this Lease. This
<br />Section 3.2 shall be Tenant's sole and exclusive remedy in the event of a Taking. Each party hereby waives the provisions or Sections 1265,130
<br />and 1205.150 of the California Code of Civil Procedure and the provisions o f any successor or other law of like Import
<br />ARTICLE I4—INDCYINICTCVTION AND INSURANCC
<br />14.1 W;rivrr of Liability sad lndunnificntlog, Except to tho extent expressly provided to the contrary herein, Tenant Itcibywaives
<br />all claims and causes of action against Landlord and all of the other Landlord Parties for any damaga to persons or property (including withoat
<br />limitation, loss orprofits and fnnmgibie property) In any way relating io Tenant's use and ocanpanoy oFtho Premises from any cause A hars laver,
<br />lududing, without limitation Ill re, explosion, failing plaster, steam, gas, air contaminants or emissions, electricity, electrical or electronic emanations
<br />ordisnabnuccq water, rain or snmv or leaks from any part the Building or from tie pipes, appliances, equipment or plumbing works or from the roof,
<br />street or sub -surface or from any other place or caused by dampness, vandalism, malicious misch tat Tenant shall indenmi ly, defend, protect cad
<br />hold hominess Landlord and each of the Landlord Parties from and against any and all Claims that arise out of, are occasioned by or are in any way
<br />attributable to: (a) the use or occupancy of the Premises or any portion of the Project by Tenant, (b) the acts or omissions of Tenant or any Temat
<br />Party, (a) any default of this Lease by Tenant, or (d) any litigation or other proceedings between Tenant and any third party; provided that Tenant
<br />Shall not be required to so indolently, defend or hold Land lad or any of the other Landlord Parties harmless to ilia extent that any such Claims arise
<br />out of the gross negligence or Md Will mlsconduol of Land lord, its agents or employees,
<br />14.2 Insurnne e. At all times during the Term ofthis Lease, Tenant shall: (n) procure end maintain, at its sole expense, the insurance
<br />policies described in ,x nib't 1101, attached hereto and (b) otterwhe comply with each and all of the obligations and requirements set forth In EAM
<br />�. Landlord makes no representation that the insurance coverage specified to be corned by Tenant pursuant to this Exhih't- "is adequate to
<br />protect Tenant against Tenant's tin deriakings under the terms ofthis Lease or otherwise, said if Tenant believes that such insurance coverage required
<br />under this Lease Is furs trident, at its own expense, Tenant shall provide Such additional Insurance as Tenant deems adequate,
<br />14.3 Willi or of Suhrouatinn. Notwithstanding arty provision ofthis Article 14lo the conu•nry, Landlord and Tenant intend that their
<br />respective property damage loss risks shall be borne by their respective insurance carriers to the extent of the property damage insurance that each of
<br />Landlord mid Tenant are required to carry under Etillibit 1101, and it as expressly provided ol6ciwise In Nis Lease, in the event are property
<br />loss. each of Landlord cats Tenant hereby agree to look solely In, and seek recovery only tam, their respective property drainage insurance cmriers to
<br />the extent rind such property loss is ora type that is covered by ilia property thematic insurance it is required to catty under " 'b t "0 As long as
<br />such waivers of suhrogmiou are rcusonubly available, enoh orthe parties hereto harehy wolves all of' Its rights and claims against each of the other
<br />parties Ile`retn for such fusses. unit provided such waiver of suhregation shall not affect the right ol'such party as ilia Insured under its property
<br />damage policy (air policies) In roeovor thereunder, waives oil or he rights ofsubroi udi n urns property damage insurers. The parties hereto further
<br />agree that, so Iang as no material additional premium is charged thaml'ore, their respective property insurance policies arc now, or shall be, endorsed
<br />such that the tn•eguing waiver arsubrogution shall not affect the right of thu Insured to recover dhnvunclon
<br />ARTICLE 15—P1r l'NTS OP UPI'11II'I' 1ND RI'\ICDICS
<br />15.1 1 %c ns u f D anti Itr fennel, The occurrence or any addle following shah l ennsdtute u matcritd dciirult and branch or this
<br />Lsnso by Tenam tun "Ea•cnt of Dc0ud1");
<br />Of IMPIe ('rnldr• Or- Cis' sfSanra drrn Lease -17-
<br />80A-532
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