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13. DAMAGE OR DESTRUCTION. <br />(a) If during the term of this Lease the Premises is totally <br />or partially destroyed rendering the Premises totally or partially <br />inaccessible or unusable and such damage or destruction was caused <br />by a casualty covered to the extent of one hundred percent (loot) <br />of full replacement value under the insurance policy required to be <br />maintained pursuant to Section 12 of this Lease, Landlord shall <br />restore the Premises and /or the building and other improvements in <br />which the Premises are located into substantially the same <br />condition as they were in immediately before such damage or <br />destruction, if such restoration can be completed within one <br />hundred eighty (180) calendar days after the date of such destruc- <br />tion or damage, and in such event such destruction or damage shall <br />not terminate this Lease. <br />(b) If the restoration cannot be made in said 180 -day period, <br />or if the damage or destruction is caused by earthquake or flood <br />and Landlord does not have insurance coverage to the extent of one <br />hundred percent (100 %) of full replacement value, Landlord and <br />Tenant shall meet and confer to determine if they can agree upon <br />mutually acceptable terms and conditions for the continuation of <br />this Lease. If no such agreement is achieved within sixty (60) <br />days after such damage or destruction, then either party may <br />terminate this Lease within ninety (90) days after such damage or <br />destruction by giving written notice of termination to the other <br />party and the Lease will be deemed canceled as of the date of such <br />damage or destruction. If neither party so elects to terminate <br />this Lease, this Lease shall remain in effect and Landlord shall <br />proceed to restore the Premises within a reasonable time. <br />(c) If Landlord is required or elects to restore the Premises <br />as provided in this section, Landlord shall not be required to <br />restore Tenant's improvements, 'trade fixtures, equipment or <br />alterations made by Tenant, such excluded items being the sole <br />responsibility of Tenant to restore hereunder. <br />14. INDEMNIFICATION <br />(a) Except as otherwise provided in subsection (b) of this <br />section, Tenant shall indemnify and hold Landlord harmless from and <br />against any and all claims arising from Tenant's use or occupancy <br />of the Premises or from the conduct of its business or from any <br />activity work or things which may be permitted or suffered by <br />Tenant in or about the Premises, or from the use or occupancy of <br />any portion of the Premises by any sublessee of Tenant or from the <br />conduct of any sublessee's business or from any activity work or <br />things which may be permitted or suffered by any sublessee in or <br />about the Premises, including all damages, costs, attorney's fees, <br />expenses and liabilities incurred in the defense of any claim or <br />action or proceeding arising therefrom. Except as otherwise <br />provided in subsection (b) of this section, Tenant hereby assumes <br />M <br />