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<br /> -5- <br /> and expense to reouild and repair the premises. If the premlses shall <br /> be damaged or destroyed by fire or other casualty so as to render <br /> untenantable more than 50 percent of the floor area of the entire <br /> building, the City may elect either to terminate this Lease or to <br /> proceed to rebuild ana repair the leased premises. The City shall give <br /> written notice to C.A.D. of its election within 60 days after the <br /> occurrence of the casualty and, if it elects to reouild and repair, <br /> shall proceed to do so with reasonable diligence and at its sole cost <br /> and expense. <br /> 9.3 The City's obligation to rebuild and repair under this <br /> Article shall be limited to restoring the damaged portion of the <br /> premises to sUbstantially the condition in which they were found the <br /> commencement of this Lease as modified by ordinary wear and tear. <br /> C.A.D. agrees that, promptly after completlon of such work oy the City, <br /> it will proceed with reasonable diligence and at its sole cost ana <br /> expense to rebuild, repair and restore its signs, fixtures, equipment <br /> and any other work necessary to open the premises for business. <br /> 9.4 During any period of reconstruction or repair of the <br /> premises, this Lease shall continue in full force and effect except <br /> that the rent shall be abated for the length of time necessary for the <br /> reconstruction or repair in proportion to the amount of floor area of <br /> the premises rendered unusable, but there shall be no aoatement of any <br /> other amounts payaole by C.A.D. <br /> 9.5 Any insurance against casualty loss which may be carried by <br /> either party for its benefit shall be under the sole control of the <br /> party carrying the insurance and the other party shall have no interest <br /> in any such proceeds of the other's insurance except as provided in <br /> Article XIII. Both parties expressly waive any cause of action or <br /> right of recovery which either of them may have against the other for <br /> any loss or damage to the premises or to contents belonging to either <br /> contained in the premises caused by fire, explosion, or other risk <br /> covered by the Texas standard form of fire and extended coverage <br /> policy. <br />