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and subject to the terms and conditions of any SNDA executed by Lessor, Lessee and <br />Lessee's lender, the following provisions shall apply: <br />a. New Construction Requirements. The design of all portions of the Leased <br />Premises to be restored and reconstructed shall meet the requirements of this <br />Lease, and Lessor shall have the same rights of review, comment and approval <br />with respect to such design as it has hereunder for new construction. <br />b. Commencement and Completion. Restoration and reconstruction shall commence <br />by the later of six (6) months after the date of the Casualty or sixty (60) days after <br />the plans for such construction are approved by Lessor and, as applicable, the FAA. <br />Thereafter, construction shall be pursued with all due diligence to substantial <br />completion. <br />C. Construction Funding. Lessee shall use available proceeds of Lessee's casualty <br />insurance for the restoration and reconstruction of the Improvements. <br />13.03. No Restoration Following Casualty Loss. Notwithstanding the provisions of Section <br />13.02, subject to the terms and conditions of any SNDA executed by Lessor, Lessee and <br />Lessee's lender, the following provisions shall apply: <br />a. By Agreement. If Lessee and Lessor agree not to restore and reconstruct the <br />Improvements, either party may elect to terminate this Lease as to the portion of <br />the Leased Premises affected by the Casualty upon thirty (30) days' written notice <br />to the other, and the following provisions shall apply: <br />1) With available proceeds of Lessee's casualty insurance, Lessee shall <br />establish reasonable security for the Leased Premises and, as soon as practicable, <br />remove all debris resulting from the Casualty and bring the Leased Premises to a <br />clean and safe condition. <br />2) The remainder of the available proceeds of Lessee's casualty insurance <br />shall be divided between Lessor and Lessee, Lessee's portion thereof being an <br />amount determined by multiplying the remaining amount by a fraction, the <br />numerator of which is the total number of months from the date of the Casualty <br />until the scheduled expiration of the Term and any renewal thereof and the <br />denominator of which is the total number of months in the Term and any renewal <br />thereof. <br />3) In the event of termination, except for obligations of the parties which <br />survive termination, the parties shall have no further rights or obligations <br />hereunder and available proceeds of Lessee's casualty insurance shall be <br />distributed in accordance with I and 2 above. <br />b. Cannot be Constructed Timely. If the Improvements cannot be reconstructed <br />within two hundred forty (240) days following the date of the Casualty, Lessee <br />may elect to terminate this Lease as to the portion of the Leased Premises affected <br />by the Casualty or in its entirety upon thirty (30) days' written notice to Lessor, in <br />which event, except for obligations of the parties which survive termination, the <br />parties shall have no further rights or obligations hereunder; provided, the <br />termination. of this Lease under this Article 13 shall not affect the rights of the <br />15 <br />