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ARTICLE 10: FIRE SAFETY <br />10.01 Fire Safety. The Lessee is uniquely qualified to provide that the Leased Premises will remain in <br />proper condition to prevent any fire hazard and hereby agrees to take every reasonable step to <br />ensure the safety of the Leased Premises. <br />ARTICLE 11: INSURANCE <br />11.01 Insurance: The Parties acknowledge that the City of San Marcos will submit any claim for <br />insurance coverage relating to damage to the Leased Premises in the same manner as it would for <br />any other City -owned building/facility. <br />ARTICLE 12: DAMAGE BY CASUALTY <br />12.01 Notice Required. Lessee shall give immediate verbal notice, followed by prompt written notice, to <br />Lessor of any material damage caused to the Leased Premises by fire or other casualty. <br />12.02 Restoration Upon Casualty Loss. If the Improvements are wholly or partially destroyed or damaged <br />by fire or any other casualty ("Casualty"), Lessee shall cause the same to be restored and <br />reconstructed with available insurance proceeds (and such other proceeds as are made available to <br />Lessee), unless otherwise agreed by Lessor in writing, the following provisions shall apply: <br />a. New Construction Requirements. The design of all portions of the Leased Premises to be <br />restored and reconstructed shall meet the requirements of this Lease, and Lessor shall have <br />the same rights of review, comment and approval with respect to such design as it has <br />hereunder for new construction. <br />b. Commencement and Completion. Restoration and reconstruction shall commence by the <br />later of six (6) months after the date of the Casualty or sixty (60) days after the plans for <br />such construction are approved by Lessor and, as applicable, the FAA. Thereafter, <br />construction shall be pursued with all due diligence to substantial completion. <br />C. Construction Funding. Lessee shall use available proceeds of Lessee's casualty insurance <br />for the restoration and reconstruction of the Improvements. <br />12.03 No Restoration Following Casualty Loss. Notwithstanding the provisions of Section 13.02, the <br />following provisions shall apply: <br />a. By Agreement. If Lessee and Lessor agree not to restore and reconstruct the Improvements, <br />either party may elect to terminate this Lease as to the portion of the Leased Premises <br />affected by the Casualty upon thirty (30) days' written notice to the other, and the following <br />provisions shall apply: <br />(i) 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 />(ii) 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 />