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DocuSign Envelope ID:4AEDF5D1-9l C4-4E23-9BE2-CB4482E858A1 <br /> APPLY IF IT INVALIDATES THE PROPERTY INSURANCE COVERAGE OF THE <br /> RELEASING PARTY. THE RELEASE IN THIS PARAGRAPH WILL APPLY EVEN IF <br /> THE DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY <br /> NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTY OR ITS AGENTS <br /> BUT WILL NOT APPLY TO THE EXTENT THE DAMAGE OR LOSS IS CAUSED BY <br /> THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED <br /> PARTY OR ITS AGENTS. <br /> D.5. Casualty/Total or Partial Destruction <br /> D.5.a If the Premises are damaged by casualty and can be restored within one hundred <br /> twenty days, Landlord will, at its expense, restore the areas it is responsible for under section <br /> C.l.d and any leasehold improvements within the Premises that are not within Tenant's <br /> obligations under B.l.i to substantially the same condition that existed before the casualty and <br /> Tenant will, at its expense, be responsible for replacing any of its damaged furniture, equipment, <br /> and personal property and performing Tenant's obligations. If Landlord fails to complete the <br /> portion of the restoration for which Landlord is responsible, Tenant may terminate this lease by <br /> written notice delivered to Landlord before Landlord completes Landlord's restoration <br /> obligations. <br /> D.5.b. If the Premises cannot be restored within one hundred twenty days, Landlord has <br /> an option to restore the Premises. If Landlord chooses not to restore, this lease will terminate. If <br /> Landlord chooses to restore, Landlord will notify Tenant of the estimated time to restore and give <br /> Tenant an option to terminate this lease by notifying Landlord within ten days. If Tenant does not <br /> terminate this lease, the lease will continue and Landlord will restore the Premises as provided in <br /> D.5.a. above. <br /> D.5.c. To the extent the Premises are untenantable after the casualty, the Rent will be <br /> adjusted as may be fair and reasonable. <br /> D.6. Condemnation/Substantial or Partial Taking <br /> D.6.a If the Premises cannot be used for the purposes contemplated by this lease because <br /> of condemnation or purchase in lieu of condemnation, this lease will terminate. <br /> D.6.b. If there is a condemnation or purchase in lieu of condemnation and this lease is not <br /> terminated,Landlord will,at Landlord's expense,restore the Premises,and the Rent payable during <br /> the unexpired portion of the Term will be adjusted as may be fair and reasonable. <br /> D.6.c. Tenant will have no claim to the condemnation award or proceeds in lieu of <br /> condemnation. <br /> D.7. Default by Landlord/Events. Defaults by Landlord are failing to comply with any <br /> provision of this lease within thirty days after written notice and failing to provide Essential <br /> Services to Tenant within ten days after written notice. <br /> -7- <br />