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malicious mischief, insuring the Significant Improvements during its construction and all <br />materials delivered to the site of the Significant Improvements for their full insurable value. <br />Deposit of Insurance with City <br />Section 8.05. District shall, within 10 days after the commencement of the lease and <br />promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to City a <br />true and correct copy of each insurance policy required by this lease or a certificate of <br />insurance from an authorized agent of the insurance companies, providing evidence of the <br />coverages required by this lease. Failure to provide the insurance policies or a certificate of <br />insurance as specified in this Section is grounds for immediate termination of the lease. <br />Notice of Cancellation of Insurance <br />Section 8.06. Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without thirty (30) days prior <br />written notice to the City. <br />ARTICLE 9-CONDEMNATION <br />Total Condemnation <br />Section 9.01. If, during the term of this lease, fee title to all of the Premises or to all of <br />the improvements, including Significant Improvements, or the entire leasehold estate of District <br />is taken under the power of eminent domain by an public or quasi -public agency or entity other <br />than the City and other than any entity or agency controlled by the City ("total taking"), this <br />lease shall terminate as of 12:01 a.m. on whichever of the following occurs first: (1) the date <br />legal title becomes vested in the agency or entity exercising the power of eminent domain; or <br />(2) the date actual physical possession is taken by the agency or entity exercising the power of <br />eminent domain. Thereafter, both City and District shall be released from all obligations under <br />this lease, except those specified in Section 9.05. <br />Partial Taking -Improvements <br />Section 9.02. If at anytime during the term of this lease a taking occurs that is less than <br />a total taking and affects the rentable portion of the improvements on the Premises, all <br />compensation and damages payable for that taking shall be made available to and used, to the <br />extent reasonably needed, by District to repair any portion of the remaining rentable portion of <br />the improvements damaged by the taking and to replace the rentable portion of the <br />improvements taken with other new rentable space on the portion of the Premises not taken, <br />provided that replacement is then permitted by existing law. Plans and specifications for the <br />replacement rental space must be compatible, in terms of architecture and quality of <br />construction, with the improvements not taken and must be first approved in writing by City <br />pursuant to Article 5 above. Notwithstanding anything to the contrary in this Section, if the <br />4911006.2 -- N261.19 <br />16 <br />