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<br />123K <br /> <br /> <br />public authority, and Lessor shall make an equitable refund of <br />any rent paid by Lessee in advance. <br />D. Award: Lessee shall not be entitled to and expressly waives <br />all claim to any condemnation award for any taking, whether <br />whole or partial, and whether for diminution in value of the <br />leasehold or to the fee although Lessee shall have the right, to <br />the extent that the same shall not reduce Lessor I s award, to <br />claim from the condemnor, but not from Lessor, compensation as <br />may be recoverable by Lessee in its own right for damage to <br />Lessee's business and fixtures. <br />ARTICLE IX. <br />Nonliability for Certain Damages. <br />9.1. Lessor shall not be liable to Lessee for any injury to person or <br />damage to property caused by the Leased Premises becoming out of <br />repair or by gas, water, steam, electricity, or oil leaking or <br />escaping into the Leased Premises, nor shall Lessor be liable to <br />Lessee for any loss or damage that may be occasioned by or <br />through the acts or omissions of any persons whatsoever. <br />, <br />ARTICLE X. <br />Access to Premises. <br />10.1. Lessor shall have the right to enter upon the Leased Premises at <br />all reasonable hours for the purpose of inspecting the same. <br />Lessor shall not be liable to Lessee for any expense, loss, or <br />damage from any such entry upon the Leased Premises. <br />ARTICLE XI. <br />Damage by Casualty. <br />11.1. Lessee shall give immediate written notice to Lessor of any <br />damage caused to the Leased Premises by fire or other casualty. <br />11.2. In the event that the Leased Premises shall be damaged or <br />destroyed by fire or other casualty insurable under standard <br />fire and extended coverage insurance and Lessor does not elect <br />to terminate the Lease as hereinafter provided, Lessor shall <br />proceed with reasonable diligence and at its sole cost and <br />expense to rebuild and repair the Leased Premises. If the <br />-12- <br />