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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 />(iii) 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 1 and 2 above. <br />b. Cannot be Constructed Timely. If the Improvements cannot be reconstructed within two <br />hundred forty (240) days following the date of the Casualty, Lessee may elect to terminate <br />this Lease as to the portion of the Leased Premises affected by the Casualty or in its entirety <br />upon thirty (30) days' written notice to Lessor, in which event, except for obligations of <br />the parties which survive termination, the parties shall have no further rights or obligations <br />hereunder; provided, the termination of this Lease under this Article 13 shall not affect the <br />rights of the respective parties to available proceeds of Lessee's casualty insurance, which <br />rights shall survive termination.. In such event, the available proceeds of Lessee's casualty <br />insurance shall be divided between Lessor and Lessee, Lessee's portion thereof being an <br />amount determined by multiplying the amount of available proceeds by a fraction, the <br />numerator of which is the total number of months from the date of the Casualty until the <br />scheduled expiration of the Term and any renewal thereof and the denominator of which is <br />the total number of months in the Tern and any renewal thereof. <br />12.04 Rent Abatement. During any period of reconstruction or repair of the Improvements on the Leased <br />Premises, this Lease shall continue in full force and effect except that Rent shall be abated for the <br />length of time necessary for the reconstruction or repairs based on the proportion of the Leased <br />Premises rendered unusable as compared to the entire Leased Premises, but there shall be no <br />abatement of any other amounts payable by Lessee under the terms of this Lease. <br />12.05 Casually During Last 60 Months. Notwithstanding anything to the contrary herein, the parties <br />further agree that Lessee shall have the right to decline to repair and restore the Leased Premises if <br />the Casualty occurs within the last sixty (60) months of the Tern and any renewal thereof unless <br />Lessor and Lessee agree, on mutually agreeable terms, to an extension. If Lessee declines to repair <br />and restore the Leased Premises, this Lease shall terminate upon delivery of Lessee's notice of <br />termination to Lessor, in which event, except for obligations of the parties which survive <br />termination, the parties shall have no further rights or obligations hereunder and available proceeds <br />of Lessee's casualty insurance shall be distributed in accordance with Section 13.02.b. The <br />termination of this Lease under this Article 13 shall not affect the rights of the respective parties to <br />available proceeds of Lessee's casualty insurance, which rights shall survive termination. <br />10 <br />