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award for such items is made to Lessee. The termination of this Lease under this Paragraph shall <br /> not affect the rights of the respective parties to such awards. <br /> ARTICLE 10: DAMAGE BY CASUALTY <br /> 10.01. The Lessee shall give immediate verbal notice, and prompt written notice to the Lessor of any <br /> damage caused to the Leased Premises by fire or other casualty. <br /> 10.02. If the Premises are totally destroyed by fire,tornado, or other casualty not the fault(in whole or in <br /> part)of Lessee or any person in or about the Premises with the express or implied consent of Lessee, <br /> or if not totally destroyed, if it should be so damaged by such a cause that rebuilding or repairs <br /> cannot reasonably be completed within 180 working days after the date of Lessor's receipt of <br /> insurance proceeds in connection with the casualty, this Lease shall terminate, and rent shall be <br /> abated for the unexpired portion of this Agreement, effective as of the date of written notification. <br /> 10.03. If the Premises are damaged by fire,tornado,or other casualty not the fault of Lessee or any person <br /> in or about the Premises with the express or implied consent of Lessee, but not to such an extent <br /> that rebuilding or repairs cannot reasonably be completed within 180 days after the date of Lessor's <br /> receipt of insurance proceeds in connection with the casualty,this Lease shall not terminate except <br /> as provided in subsection below: <br /> a. If such damage to the Premises occurs during the Term hereof,Lessor may,at its sole cost and <br /> in its sole discretion, proceed to rebuild or repair the Premises to substantially the condition in <br /> which they existed upon commencement of this Lease. Lessee shall, at its sole cost and risk, <br /> be responsible for rebuilding or repairing any damaged improvements made by Lessee. If the <br /> Premises are untenantable in whole or in part following such damage, the rent payable during <br /> the period in which they are untenantable shall be adjusted equitably. In the event that Lessor <br /> should elect not to so rebuild or repair the Premises or fails to complete such rebuilding or <br /> repairs within 180 working days after the date of Lessor's receipt of insurance proceeds in <br /> connection with the casualty,Lessor or Lessee may terminate this Lease by written notification. <br /> Upon such notification, all rights and obligations under this Lease shall cease. <br /> 10.04. If the destruction(in whole or in part)of the Premises is the result of or caused by(in whole or in <br /> part) any act or omission of Lessee, or any person in or about the Premises with the express or <br /> implied consent of Lessee(including,without limitation,Lessee's representatives,agents, invitees, <br /> and contractors), Lessor may elect (at its sole option and in its sole discretion) to rebuild the <br /> Premises and the building or structure of which the Premises may be a part. If Lessor so elects to <br /> rebuild, Lessee shall pay Lessor the difference between the actual cost of rebuilding and any <br /> insurance proceeds received by Lessor as a result of the casualty destruction. Lessee's obligations <br /> under this paragraph shall survive the termination of this Lease. <br /> Page 10 of 17 <br />