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<br /> replacement of the Premises,the damage except as provided in Section 13.02, shall promptly
<br /> be repaired by LANDLORD at LANDLORD'S expense, provided that LANDLORD shall not be
<br /> obligated to expend for such repair an amount in excess of the insurance proceeds recovered or
<br /> recoverable as a result of such damage and that in no evert shall LANDLORD be required to
<br /> repair or release TENANTS stock in trade fixtures, furniture, furnishings, floor coverings and
<br /> equipment. In the event of any such damage and(a) LANDLORD is not required to repair as
<br /> hereinabove provided,or(b)the Premises shall be damaged to the extent of fifty(50%)percent
<br /> or more of the cost of replacement, or (c) the building of which the Premises are a part is
<br /> damaged to the extent of twertty-five(25%)percertt or more of the cost of replacemert,or(d)the
<br /> buildings(taken in the aggregate)in the Shopping Center shall be damaged to the extent of more
<br /> than twenty-five(25%)percent or more of the cost of replacement, LANDLORD may elect either
<br /> to repair or rebuild the Premises or the building or buildings, or to terminate this L ease upon
<br /> giving notice of such election in writing to TENANT within ninety(90)days after the ocaurertce
<br /> of the evert lousing the damage. If the casualty, repairing, or rebuilding shall render the
<br /> Premises urttenarttable, in whole or in part, and the damage shall not have been due to the
<br /> default or neglect of TENANT,a proportionate abatement of the Minimum Rent shall be allowed
<br /> from the date when the damage occurred until the date LANDLORD completes its work, said
<br /> proportion to be computed on the basis of the relation which the gross square foot area of the
<br /> space rendered untenantable bears to the floor area of the Premises. Nothing in this Section
<br /> shall be construed to permit the abatement in whole or in part of the Percentage Rent.
<br /> 13.02. LANDLOREYS and TENANTS The provisions of this Article XI I I with respect
<br /> to repair by LANDLORD shall be limited to such repair as is necessary to place the Premises in
<br /> the same condition as when possession was delivered by LANDLORD. Upon LANDLORDS
<br /> substantial completion,TENANT shall,at TENANTS expense,perform any work required to place
<br /> the Premises in the condition,pursuant to Exhibit C,and TENANT shall restore,repair or replace
<br /> its stock in trade fixtures, furniture, furrushings, floor coverings and equipment, and if TENANT
<br /> has dosed,TENANT shall promptly reopen for business. In the event that there are changes in
<br /> TENANTS Work from Exhibit C, LANDLORD shall approve in writing any dwiges.
<br /> 13.03. CgodMMdM If the whole of the Premises,or so much thereof as to render the
<br /> balance unusable by TENANT, shall be taken under power of eminent domain, or otherwise
<br /> transferred in lieu thereof, or if any part of the Shopping Center is taken and its continued
<br /> operation is not in LANDLORD'S sole opinion, economical, this Lease shall automatically
<br /> terminate as of the date possession is taken by the conden in g authority. No award for any total
<br /> or partial taking shall be apportioned,and TENANT hereby unconditionally assigns to LANDLORD
<br /> any award which may be made in such taking or condernnation. In the event of a partial taking
<br /> w vch does riot result in the termination of this Lease, Minimum Rent shall be apportioned
<br /> according to the part of the Premises remaining usable by TENANT.
<br /> 13.04. Smbnmsdon Awd All compensation awarded or for
<br /> acquiring under the paid any part or
<br /> paiver or threat d eminent domain, whether for the while or a part d the
<br /> Premises or Shopping Center,shall be the property of LANDLORD,whether such damages shall
<br /> be awarded as compensation for diminution in the value of the leasehold or to the fee of the
<br /> Premises or otherwise,and TENANT hereby assigns to LANDLORD all of the TENANtTS right
<br /> title and interest in and to any and all such compensation; provided, however,that LANDLORD
<br /> shall not be entitled to any award specifically made to TENANT for the taking of TENANTS trade
<br /> foktures, furniture or leasehold improvements to the extent of the cost to TENANT of said
<br /> imprvvernwds(exclusive of LANDLORD'S contribution),less depreciation computed from the date
<br /> Of said improvemtents to the expiration of the original term of this Lease.
<br /> ARTKIE t'
<br /> DEFAULT AND REIY®IES
<br /> 14.01. DdM In the event that TENANT(a)fails to pay all or arry portion of Rent when
<br /> due, (b)fails to Cease all conduct prohibited hereby immediately upon receipt of written notice
<br /> from LANDLORD; (c)fails to take any action in accordance with the provisions d written notice
<br /> from LANDLORD to remedy TENANT'S failure to perform any d the temis, Covenants, or
<br /> conditions hereof (d) fails to conduct business in the Premises as herein required; (e) shall
<br /> become bankrupt or insolvent, or file any debtor proceedings, takes or have taken against
<br /> TENANT, any petition d bankruptcy, take action or has actions taken against TENANT ftx the
<br /> appointment d receiver for all or a portion d assets,files a petition for corporate reorganization
<br /> and makes an assignment for the benefit of creditors,or for any other matter TENANTS interest
<br /> hereunder shall pass to another by operation of law, or (f) is otherwise in breach d any d
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