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actions resulting from District's failure to comply with and perform the <br />requirements of this section. <br />District's Duty to Restore Premises <br />Section 7.03. If at anytime during this lease's term, any improvement(s) or Previous <br />Improvements for which District holds title, now or hereafter on the Premises are destroyed in <br />whole or in part by fire, theft, the elements, or any other cause not the fault of the City, this <br />lease shall continue in full force and effect and District, at District's own cost and expense, shall <br />repair and restore the damaged improvements or Previous Improvements. <br />a) Any restoration by District of the Improvement(s) shall comply with the original <br />plans for the improvements described in Article 5, except as (i) modified by <br />District and approved in writing by City or (ii) required by the DSA, the Field Act, <br />or other applicable law. Any restoration by District of Previous Improvements <br />under the previous 1979 license between the parties shall comply with the <br />original project approvals except that any currently applicable code updates shall <br />be made, except as otherwise modified by District and approved in writing by <br />City. <br />b) The work of repair and restoration shall be commenced by District within ninety <br />(90) days after the damage or destruction occurs and shall be completed with <br />due diligence not later than two years after the work commenced or a date <br />mutually agreed upon in writing by the parties. In all other respects, the work of <br />repair and restoration shall be done in accordance with the requirements for <br />original construction work on the whether or not funds are available from <br />insurance proceeds. <br />c) Notwithstanding the foregoing, the District shall have the right to terminate this <br />lease without repair or replacement if the damage or destruction occurs during <br />the final ten (10) years of the term of this lease. If the District elects to <br />terminate the lease without repairing or replacing a damaged or destroyed <br />building, the District shall at its expense demolish the building and remove the <br />demolition debris. <br />Application of Insurance Proceeds <br />Section 7.04. Except to the extent prohibited by state law, any and all fire, casualty, or <br />other insurance proceeds that become payable at any time during the term of this lease <br />because of damage to or destruction of any improvements for which District holds title, on the <br />Premises shall be paid to District and applied by District toward the cost of repairing and <br />restoring the damaged or destroyed improvements, in the manner required by Section 7.03 of <br />this lease. <br />4911006.2 -- N261.19 <br />13 <br />