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(d) If any such damage or destruction shall occur within the last two (2) years of the Term, or any Extension Period, affecting more than fifty percent (50 %) of the replacement value of the improvements located on the Demised Premises, Tenant may terminate this Lease without owing any liability to the Landlord by notice to the Landlord within sixty (60) days after the date of such damage or destruction, in which case Tenant agrees to turn over to Landlord all applicable Insurance proceeds received as compensation for damages to the Demised Premises to the extent of actual cost of restoration. If this Lease is terminated as provided in this Section, both parties shall be relieved of any further liabilities hereunder except for obligations accrued at the date of such damage or destruction, and any sums prepaid by Tenant shall be apportioned and appropriately refunded to Tenant. % WAlVER OF SUBROGATION AND HOLD HARMLESS: Landlord and Tenant shall obtain from their respective insurers endorsements whereby the insurers agree to waive any right of subrogation against Landlord or Tenant, as the case may be, in connection with fire or other risks or casualties covered by said insurance. Landlord agrees that it shall make no claim nor authorize any claim to be made against Tenant, its employees, servants or agents in connection with or as a result of fire, explosion or any other casualty damaging the improvements on the Demised Premises Tenant agrees that it shall make no claim nor authorize any claim to be made against Landlord, its employees, servants or agents in connection with or as a result of fire, explosion, or other casualty damaging the contents or fixtures installed in the building on the Demised Premises. 20. EMINENT DOMAIN: (a) If (i) all or part of the Demised Premises, the building located thereon, or (ii) so much of any rights in the Demised Premises or the building located thereon shall be taken or appropriated under any right of eminent domain or under any other legal right whereby the taking authority is obligated to compensate Landlord therefor so that there does not remain (a) Parking Area as shown on Exhibit "B" or other common areas or easements granted to Tenant hereunder, (b) premises suitable in the sole opinion of Tenant for the operation of its business, (c) direct access at grade level to all abutting streets, or (d) such taking involves a taking of the building on the Demised Premises, then Tenant may terminate and cancel this Lease without owing any liability to Landlord as of the date on which the condemning authority takes physical possession upon giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full details of 6638 Freestanding Building Lease 04212016 25G-9 7