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<br /> 7bE <br /> D. Award: Lessee shall not be entitled to and expressly waives all claim to any <br /> condemnation award for any taking, whether whole or partial, and whether for diminution in <br /> value of the leasehold or to the fee although Lessee shall have the right, to the extent that <br /> the same shall not reduce Lessor's award, to claim from the condemnor, but not from <br /> Lessor, compensation as may be recoverable by Lessee in its own right for damage to <br /> Lessee's business and fixtures. <br /> ARTICLE 9. <br /> Nonliability for Certain Damages <br />9.1 Lessor shall not be liable to Lessee for any injury to person or damage to property caused <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 /> ARTICLE 10. <br /> Access to Premises <br />10.1 Lessor shall have the right to enter upon the Leased Premises at all reasonable hours for the <br /> purpose of inspection. Lessor shall not be liable to Lessee for any expenses, loss or <br /> damage from any such entry upon the Leased Premises. <br /> ARTICLE 11. <br /> Damage by Casualty . <br />11.1 Lessee shall give immediate written notice to Lessor of any damage caused to the Leased <br /> Premises by fire or other casualty. <br />11.2 In the event that the Leased Premises shall be damaged or destroyed by fire or other <br /> casualty insurable under standard fire and extended coverage insurance and Lessor does <br /> not elect to terminate the Lease as provided, Lessor shall proceed with reasonable diligence <br /> and at its sole cost and expense to rebuild and repair the Leased Premises. If the Leased <br /> Premises shall be damaged or destroyed by fire or other casualty so as to render <br /> untenantable more than 50 percent of the floor area of the entire building in which the <br /> Leased Premises are located, then Lessor may elect either to terminate this Lease or to <br /> proceed to rebuild and repair the Leased Premises. Lessor shall give written notice to <br /> Lessee of such election within 60 days after the occurrence of such casualty and, if it elects <br /> to rebuild and repair, shall proceed to do so with reasonable diligence and at its sole cost <br /> and expense. <br />11.3 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 as it was at the time <br /> of Lessor's tender of possession to Lessee, as modified by ordinary wear and tear preceding <br /> such damage or destruction. Lessee agrees that, promptly after completion of such work by <br /> Lessor, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, <br /> repair and restore its signs, fixtures, equipment and any other work necessary to open the <br /> Leased Premises for business. <br /> 6 <br />