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LAW FROM THE DATE OF LESSOR'S WRITTEN NOTICE OF DEFAULT <br />AND TERMINATION UNTIL PAYMENT THEREOF. IN ADDITION, <br />LESSEE SHALL PAY ALL TITLE AND ESCROW CANCELLATION <br />CHARGES. FURTHERMORE AND NOT WITHSTANDING THE <br />FOREGOING, THIS PARAGRAPH PERTAINS ONLY TO A DEFAULT BY <br />LESSEE WITH RESPECT TO THE PURCHASE OPTION AND SHALL NOT <br />RESTRICT, LIMIT, MODIFY, ALTER OR AMEND, IN ANY MANNER <br />WHATSOEVER, ANY RIGHT OR REMEDY OF LESSOR IN THE EVENT <br />OF A D T BY LESSEE UNDE T E LEASE, <br />O;r7 <br />Lo nitials I Lessor's Initial$ <br />(c) Except as otherwise set forth herein, either party shall not be liable for <br />consequential or speculative damages in connection with such party's breach or <br />default hereunder. <br />(d) Additionally, and notwithstanding the foregoing, if following Lessee's <br />timely and proper exercise of its Purchase Option, the Premises suffer a material <br />casualty (which, for purposes hereof shall mean damage with a cost to repair in <br />excess of$100,000 not caused by Lessee or any employee, resident, guest or <br />invitee of Lessee), then Lessee shall have the right to either (i) proceed with the <br />Close of Escrow (in which case, if there were such a material casualty Lessee <br />shall be entitled to receive all available insurance proceeds and receive a <br />reduction of the Purchase Price in an amount equal to the deductible amount and <br />any required co-insurance payment with respect to the insurance, and there shall <br />be no other reduction in the Purchase Price), or (ii) rescind the Notice of <br />Exercise, in which case the Deposit shall be returned to Lessee, the Lease shall <br />continue in full farce and effect (Including Lessee's right to later re -exercise the <br />Purchase Option), and Lessee shall not be liable for any costs incurred by Lessor <br />with respect to the failed Closing; provided, however that each of Lessee and <br />Lessor shall pay one-half of the Escrow Holder's costs and fees in connection <br />with the Option Escrow and its cancellation. <br />(e) Additionally, and notwithstanding the foregoing, if the Closing is unable <br />to occur for a reason other than a breach or default by Lessee or Lessor, then <br />Lessee shall have the right to rescind the Notice of Exercise, in which case the <br />Deposit shall be returned to Lessee, the Lease shall continue in full force and <br />effect (including Lessee's right to later re -exercise the Purchase Option), and <br />Lessee shall not be liable for any costs Incurred by Lessor with respect to the <br />failed Closing; provided, however that each of Lessee and Lessor shall pay one- <br />half of the Escrow Holder's costs and fees in connection with the Option Escrow <br />and its cancellation. <br />69.8. C ng dition of Property. Lessee represents and warrants that Lessee has, or shall have <br />inspected and conducted tests and studies of the Premises, and that Lessee is familiar <br />with the general condition of the Premises. Lessee understands and acknowledges that <br />the Promises may be subject to earthquake, fire, Floods, erosion, high water table, <br />dangerous underground soil conditions, hazardous materials and similar occurrences that <br />may alter its condition or affect its suitability for any proposed use. Except as otherwise <br />14 <br />12926447.1 <br />