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<br />by the Leased Premises becoming out of repair or by gas, water, steam, electricity, or oil <br />leaking or escaping into the Leased Premises, nor shall Lessor be liable to Lessee for any <br />loss or damage that may be occasioned by or through the acts or omissions of any person <br />whatsoever. <br /> <br />ARTICLE VII <br />Access to Premises <br /> <br />7.1 Lessor shall have the right to enter upon the Leased Premises at all reasonable hours for <br />the purpose of inspection. Lessor shall not be liable to Lessee for any expense, loss, or <br />damage from any such entry upon the Leased Premises. <br /> <br />ARTICLE VIII <br />Damage by Casualty <br /> <br />8.1 Lessee shall give immediate written notice to Lessor of any damage caused to the Leased <br />Premises by any casualty. <br /> <br />8.2 If the Leased Premises shall be damaged or destroyed by any casualty so as to render <br />untenantable more than fifty percent of the area of the Leased Premises, then Lessee may <br />elect either to terminate this Lease. <br /> <br />8.3 Lessor's obligation to rebuild and repair under this article shall be limited to restoring the <br />damaged portion of the Leased Premises to substantially the condition in which Lessor <br />had placed the Leased Premises at the time of Lessor's tender of possession to Lessee, <br />as modified by ordinary wear and tear preceding such damage or destruction. Lessee <br />agrees that, promptly after completion of such work by Lessor, it will proceed with <br />reasonable diligence and at its sole cost and expense to rebuild, repair and restore its <br />signs, fixtures, equipment and any other work necessary to open for business. <br /> <br />8.4 During any period of reconstruction or repair of the Leased Premises, this Lease shall <br />continue in full force and effect except that the fixed rental shall be abated for the length <br />of time necessary for the reconstruction or repairs in proportion to the amount of area of <br />the Leased Premises rendered unusable, but there shall be no abatement of any other <br />amounts payable by Lessee under the terms of this lease. <br /> <br />8.5 Any insurance against casualty loss which may be carried by either Lessor or Lessee shall <br />be under the sole control of the party carrying such insurance and the other party shall <br />have no interest in any proceeds of such insurance. Lessee expressly waives any cause <br />of action or right of recovery which may have against the Lessor for any loss or damage <br />to the Leased Premises or to the contents belonging to Lessee contained in said premises <br />caused by fire, explosion, or other risk covered by the Texas standard form of fire and <br />extended coverage policy. <br /> <br />6 <br />