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<br />by the fault or negligence of the other party or anyone for who such other party may
<br />be responsible), which loss or damage Is covered by valid and collectible fire and
<br />extended coverage insurance policies, to the extent that such loss or damage is
<br />recovered under such insurance policies. Such waivers shall be in addition to, and
<br />not In limitation or derogation of, any other waiver or release contained in this lease
<br />with respect to any loss or damage to property of the parties hereto. Inasmuch as
<br />such mutual waivers will preclude the assignment of any such claim by way of
<br />subrogation (or otherwise) to an insurance company (or any other person), each
<br />party hereto hereby agrees immediately to give to each insurance company which
<br />has Issued to it policies of fire and extended coverage insurance, written notice of
<br />the terms of such mutual waivers and to have such insurance policies properly
<br />endorsed, If necessary. to prevent the invalidation of such Insurance coverages by
<br />reason of such waivers.
<br />
<br />13.4 Except for landlord's gross negligence, landlord and landlord's agents and
<br />employees shall not be liable to Tenant for any Injury to person or damage to
<br />property caused by the Demised Premises or other portions of the Shopping
<br />Center becoming out of repair or by defect or failure of any structural element of
<br />the Demised Premises or of any equipment, pipes or wiring, or broken glass, or by
<br />the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping
<br />or flowing into the Demised Premises (except where due to landlord's willful failure
<br />to make repairs required to be made hereunder, after the expiration of a reasonable
<br />time after written notice to landlord of the need for such repairs), nor shall
<br />landlord be liable to Tenant for any loss or damage that may be occasioned by or
<br />through the acts of omissions of other tenants of the Shopping Center or of any
<br />other persons whomsoever excepting only duly authorized employees and agents of
<br />landlord.
<br />
<br />13.5 Tenant shall keep and maintain in force during the term hereof, plate glass
<br />insurance upon windows and doors in the Demised Premises, delivering certificates
<br />of such insurance to landlord.
<br />
<br />ARTICLE XIV. DAMAGE OR DESTRUCTION
<br />
<br />14.1 Tenant shall give immediate written notice to landlord of any damage caused
<br />to the Demised Premises by fire or other casualty.
<br />
<br />14.2 In the event that the Demised Premises shall be damaged or destroyed by fire
<br />or other casualty insurable under standard fire and extended coverage insurance
<br />and landlord does not elect to terminate this lease as hereinafter provided,
<br />landlord shall proceed with reasonable diligence and at its sole cost and expense
<br />to rebuild and repair the Demised Premises. In the event (a) the building in which
<br />the Demised Premises are located shall be destroyed or substantially damaged by a
<br />casualty not covered by landlord's insurance or (b) such building shall be
<br />destroyed or rendered untenantable to an extent in excess of fifty percent of the
<br />first floor area by a casualty covered by landlord's insurance, or (c) the holder of a
<br />mortgage, deed of trust or other lien on the Demised Premises at the time of the
<br />casualty elects, pursuant to such mortgage, deed of trust or other lien, to require
<br />the use of all or part of landlord's insurance proceeds in satisfaction of all or part
<br />of the indebtedness secured by the mortgage, deed of trust or other lien, then
<br />landlord may elect either to terminate this lease or to proceed to rebuild and repair
<br />the Demised Premises. landlord shall give written notice
<br />to Tenant of such election within sixty days after the occurrence of such casualty
<br />and if it elects to rebuild and repair shall proceed to do so with reasonable diligence
<br />and at its sole cost and expense.
<br />
<br />14.3 landlord's obligation to rebuild and repair under this Article XIV shall in any
<br />event be limited to restoring (a) the Demised Premises to substantially the condition
<br />in which the same existed prior to such casualty, exclusive of any alterations,
<br />additions, improvements, fixtures and equipment installed by Tenant, or (b)
<br />landlord's Work, as described in Exhibit 8, if any, to substantially the same
<br />condition in which the same existed prior to the casualty, as the case may be.
<br />Tenant agrees that promptly after completion of such work by landlord, Tenant will
<br />proceed with reasonable diligence and at Tenant's sole cost and expense to restore,
<br />repair and replace all alterations, additions, improvements, fixtures, signs and
<br />equipment installed by Tenant or, if an Exhibit C is attached hereto, all items of
<br />Tenant's Work as described in Exhibit C, as the case may be. INITIAL
<br />
<br />
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