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3'^!0. 07, L" FFUF' zi E rr I=EFF,I TOO C;i TO <br /> INIT . <br /> "Restoration Period'). I.-ANDLORO wifl tvm over to TENANT any eppl?Cable insurance proceeds <br /> received as compensation for damages to the improvements located an the Premises., to the <br /> extent of the actual Cost of restoration. <br /> It, in the opinion of TENANT, the Premises are rendered substantlally unlit for oocupancy or use <br /> by any casualty or peril other than an lnsvmble Casuafty, or by an Insurable Casualty when the <br /> Term or the then current extension of the Extended Terns shall have less than two (2)years to run, <br /> TENANT may either restore the Premises at its expense and rent shall be completely abated during <br /> the Restoration Period or TENANT.may terrni=e this Lease effective an the date of the <br /> OcGUrrence Of tho casualty or Peril,and turn over to LANDLORD any applicable insurance proceeds <br /> as a result thereof_ <br /> If, in the opinion of TENANT, the premises are damaged by Casualty or peril, but not rendered <br /> substantially vnfit for profitable and safe occupancy or use,TENANT shall promptly and diiigentty <br /> restore the Premises at TENANT'S exPense to the condition existing prior to the casuohy or Peril <br /> and the rent shall not abate, HT <br /> J <br /> 14. CASUALTY iNSUFANCE. TENANT may be a salt-insurer as to the Promises; however, vp 0m <br /> the written request of LANDLORD.TENANT shall procure and rnotntain stonftrd fire and extended <br /> *average insurance on the Prerntsez of the type than commonly purchased by TENANT,to at bast <br /> ' 100% of replzoemerit *slue, naming LANDLORD as an addhionai Insured as his Interest may <br /> " appear . <br /> Vs-�ohiftsiom) and containing a standard rnorcgage clause, if applicable. TENANT shall, upon <br /> LANDLOAD'S written req=t, futrllsh LANDLORD a certificate from tha imurer evidencing rauth <br /> aeverp9e, * " , this is to be a broad forn, of insurance including earthquake and <br /> flood coverage," <br /> 1�5. WAIYER OF SUBROGATION. If either party to this Lease sustains Ions Or damage to tine <br /> Premises or the Fixtures, goods,wama, msrahandise or any outer property located thereon, from <br /> which it Is protested by an insurance policy, it waives any rigkrt of r000very front the cutter party <br /> ? to the extent protested. Each party eames irnmedlattely to give to each haurarice company WNch <br /> has issued to It a Policy of fire and extended coverage insurance written notide of the terms of <br /> such mutual waivers, and to cause any such insurance por'lcy to be Properly endorsed, it <br /> necessary, to prevent the invalidation of such insurance coverages by Mason of Such waivers. <br /> 46. LIAi Uri Il1SORANM TENANT agrees, at 'TENANT'S expense, to malnteln in force <br /> ' corninuoufly throughout the Tetra and the Extended Term public fabiTcty insurance Covering the ; <br /> Premises with combined aingle limit coverage of 11" 'M or its.equivalent and shall, upon <br /> LANDLORDS written regvest, fum€sh LANDLORi a certificate from the Insurer evidencing such <br /> '- coverage, $ ,000,004. <br /> *naming LANDLORD as additional insured <br /> 5 97. EMINENT VOMAIN. <br /> A. if the Premises are taken by the exercise of the right of condemnation or eminent <br /> domain or conveyed under threat of the exercising of suoh right, or if only a portion of the <br /> Promises are so taken or conveyed or T'ENANT'S access to the Premises is redwood by the action <br /> of any governmental or public author4 5r, and TENANT shall-determine that the nemakider of the <br /> Flftrnites or TENANT'S access is'hadequate or unsatisfactory for its profitable operation, wh1oh <br /> determination shall not be arbitrarily orcapeiciously made,this Lease Shall derminate as of the'date <br /> that TENANT ceases business due to such action. Tho termination of tills 'Lease as provided <br /> above shall not aperate 10 deprive TENANT of the right to make a Cialm for an award in <br /> condemnation or rec*rve notices end participate in the condemnation-prooeedings, including any <br /> settlemem negotiations. <br /> S. In the event of a taking of all Or a portlon Of the Premises which C.ZU888 a termin2ti= <br /> of this Lease, LANDLORD shalt be entitled to Weive the portion of tho award applioa#te to t <br /> taking of the feehold real property interest, and the TENANT shall be entitled to recover the <br /> NFS2 <br />
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