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leasehold improvements within the Premises that are not within Tenant's obligations under B.2.i. to <br /> substantially the same condition that existed before the casualty and Tenant will, at its expense, be <br /> responsible for replacing any of its damaged furniture, equipment, and personal property and <br /> performing Tenant's obligations.If Landlord fails to complete the portion of the restoration for which <br /> Landlord is responsible, Tenant may terminate this lease by written notice delivered to Landlord <br /> before Landlord completes Landlord's restoration obligations. <br /> b. If the Premises cannot be restored within one hundred twenty days, Landlord has an option to restore <br /> the Premises. If Landlord chooses not to restore, this lease will terminate. If Landlord chooses to <br /> restore, Landlord will notify Tenant of the estimated time to restore and give Tenant an option to <br /> terminate this lease by notifying Landlord within ten days. If Tenant does not terminate this lease,the <br /> lease will continue and Landlord will restore the Premises as provided in D.5.a. above. <br /> c. To the extent the Premises are untenantable after the casualty, the Rent will be adjusted as may be <br /> fair and reasonable during any such period Tenant is unable to occupy the Leased Premises. <br /> d. Condemnation/Substantial or Partial Taking <br /> i. If the Premises cannot be used for the purposes contemplated by this lease because of <br /> condemnation or purchase in lieu of condemnation,this lease will terminate. <br /> ii. If there is a condemnation or purchase in lieu of condemnation and this lease is not terminated, <br /> Landlord will, at Landlord's expense, restore the Premises, and the Rent payable during the <br /> unexpired portion of the Term will be adjusted as may be fair and reasonable. <br /> iii. Tenant will have no claim to the condemnation award or proceeds in lieu of condemnation. <br /> 6. Default by Landlord/Events. Defaults by Landlord are failing to comply with any provision of this lease <br /> within thirty days after written notice and failing to provide Essential Services to Tenant within ten days <br /> after written notice. <br /> 7. Default by Landlord/Tenant's Remedies. Tenant's remedies for Landlord's default are to sue for damages <br /> and, if Landlord does not provide an Essential Service within thirty days after default, terminate this <br /> lease. <br /> 8. Default by Tenant/Events. Defaults by Tenant are (a) failing to pay timely Rent, (b) abandoning the <br /> Premises or vacating a substantial portion of the Premises, and(c)failing to comply within ten days after <br /> written notice with any provision of this lease other than the defaults set forth in(a)and(b). <br /> 9. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default are to(a)enter and take <br /> possession of the Premises and sue for Rent as it accrues; (b) enter and take possession of the Premises, <br /> after which Landlord may relet the Premises on behalf of Tenant and receive the rent directly by reason <br /> of the reletting, and Tenant agrees to reimburse Landlord for any expenditures made in order to relet and <br /> to pay the difference between the Rent hereunder and rent received by reason of reletting(provided such <br /> reletting is the result of a bona fide, arms'-length transaction between Landlord and a third party); (c) <br /> enter the Premises and perform Tenant's obligations; and(d)terminate this lease by written notice and sue <br /> for damages. Landlord may enter and take possession of the Premises by self-help, by picking or <br /> changing locks if necessary, and may lock out Tenant or any other person who may be occupying the <br /> Premises,until the default is cured,without being liable for damages. <br />