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Repair and B. During the term of this Occupancy Agreement, the Occupant shall maintain the occupied Maintenance Premises in good repair, general wear and tear excepted. Assignment 9. The Occupant shall have the ability to assign this Occupancy Agreement upon notice to and the Owner. Subletting Quiet 10. The Owner agrees that the Occupant, while keeping and performing the covenants herein Possession contained, shall at all times during the existence of this Occupancy Agreement, peaceably and quietly have, hold, and enjoy the occupied Premises without suit, trouble, or hindrance from the Owner or any person claiming under Owner. Destruction 11. If the occupied Premises are totally destroyed by fire or other casualty, this Occupancy Agreement shall terminate. If such casualty shall render ten percent (10%) or less of the floor space of the occupied Premises unusable for the purpose intended, Owner shall effect restoration of the Premises as quickly as is reasonably possible, but in any event within thirty (30) days. In the event such casualty shall render more than ten percent (10%) of such floor space unusable but not constitute total destruction, Owner shall forthwith give notice to Occupant of the specific number of days required to repair the same. If Owner under such circumstances shall not give such notice within fifteen (15) calendar days after such destruction, or if such notice shall specify that such repairs will require more than ninety (90) days to complete from date such notice is given, Occupant, in either such event, at its option may terminate this Occupancy Agreement or, upon notice to Owner, may maintain occupancy and elect to undertake the repairs itself, deducting the cost thereof from the rental due or to become due under this Occupancy Agreement and any other Occupancy Agreement between Owner and Occupant. In the event of any such destruction other than total, where the Occupant has not terminated the Occupancy Agreement as herein provided, or pursuant to the terms hereof has not elected to make the repairs itself, Owner shall diligently prosecute the repair of said Premises and, in any event, if said repairs are not completed within the period of thirty (30) days for destruction aggregating ten percent (10%) or less of the floor space, or within the period specified in Owner's notice in connection with partial destruction aggregating more than ten percent (10%), the Occupant shall have the option to terminate this Occupancy Agreement or complete the repairs itself, deducting the cost thereof from the rental due or to become due under this Occupancy Agreement and any other Occupancy Agreement between Owner and Occupant. In the event the Occupant remains in possession of said Premises though partially damaged, the rental as herein provided shall be reduced by the same ratio as the net square feet the Occupant is thus precluded from occupying bears to the total net square feet in the occupied Premises. "Net square feet" shall mean actual inside dimensions and shall not include public corridors, stairwells, elevators, and restrooms. It is understood and agreed that the Occupant or its agent has the right to enter its destroyed or partially destroyed occupied facilities no matter what the condition. At the Occupant's request, the Owner shall immediately identify an appropriate route through the building to access the Occupant occupied space. If the Owner cannot identify an appropriate access route, it is agreed that the Occupant may use any and all means of access at its discretion in order to enter its occupied space. Subrogation 12. To the extent authorized by any fire and extended coverage insurance policy issued to Waived Owner on the herein occupied Premises, Owner hereby waives the subrogation rights of the insurer, and releases the Occupant from liability for any loss or damage covered by said insurance. Page - 4