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<br /> \JOi.. 147 :1~Ct 428 ~/gE <br /> -6- - <br /> D. Award: Lessor and Lessees shall each be entitled to receive and retain such <br /> separate awards, and portions of lump sum awards, as may be allocated to their <br /> respective interests in any condemnation proceeding. The termination of this Lease <br /> under this Section shall not affect the rights of the respective parties to such <br /> awards. <br /> ARTICLE 9. <br /> Nonliability for Certain Damages <br /> 9.1 Lessees acknowledge and agree that Lessees take the Leased Premises in their <br /> present condition and as such Lessor shall not be liable to Lessees for any <br /> personal injuries or property damage resulting from or out of improvements or <br /> repairs made to the Leased Premises, or by gas, water, steam, electricity, or oil <br /> leaking or escaping into the Leased Premises at the time of execution of this Lease. <br /> ARTICLE 10. <br /> Access to Premises <br /> 10.1 Lessor shall provide Lessee with 24 hours notice of any requirement to enter the <br /> Leased Premises. Lessor shall not be liable to Lessees for any expense, loss, or damage <br /> from any such entry upon the Leased Premises. . <br /> ARTICLE 11. <br /> Damage by Casualty <br /> 11.1 Lessees shall give immediate written notice to Lessor of any damage caused to the <br /> Leased Premises by fire or other casualty. <br /> - 11.2 In the event that any improvements upon the Leased Premises are damaged or <br /> destroyed by fire or other casualty insurable under standard fire and extended <br /> coverage insurance and Lessor does not elect to terminate the Lease as provided, <br /> Lessees shall proceed with reasonable diligence and at their sole cost and expense <br /> to rebuild and repair the improvements. If the Leased Premises shall be damaged <br /> or destroyed by fire or other casualty so as to render untenantable more than fifty <br /> percent of the floor area of the entire building on the Leased Premises, then <br /> Lessees may elect either to terminate this Lease or to proceed to rebuild and repair <br /> the improvements. Lessees shall give written notice to Lessor of such election <br /> within 60 days after notice of such casualty and, if it elects to rebuild and repair, <br /> shall proceed to do so with reasonable diligence and at its sole cost and expense. <br /> 11.3 During any period of reconstruction or repair of the Leased Premises, this Lease <br /> shall continue in full force and effect except that the fixed rental shall be abated for <br /> the length of time necessary for the reconstruction or repairs in proportion to the <br /> amount of floor area of the Leased Premises rendered unusable, but there shall be <br /> no abatement of any other amounts payable by Lessees under the terms of this <br /> lease. <br /> 11.4 Any insurance against casualty loss which may be carried by either Lessor or <br /> Lessees shall be under the sole control of the party carrying such insurance and <br /> ! the other party shall have no interest in any proceeds of such insurance. Lessor <br /> ! and Lessees expressly waive any cause of action or right of recovery which either <br /> ---- of them may have against the other for any loss or damage to the Leased Premises <br /> or to the contents belonging to either party contained in the premises caused by <br /> fire, explosion, or other risk covered by the Texas standard form of fire and <br /> extended coverage policy. <br />