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<br />~~' <br />~. <br />7. Damage Destruction and Condemnation. <br />a. If any structure located on the Premises is <br />destroyed (in whole or in part) or is damaged by fire or other <br />casualty to such extent that the c aim for loss, under the <br />insurance policies required to be carried by this Lease, <br />resulting from such destruction or damage is not greater than <br />$140,00; Tenant {i} will promptly repair, rebuild. oz restore the <br />property damaged or destroyed to substantially the-same condition <br />as' it existed prior to the event causing such damage or <br />destruction, with such .changes, alterations and modifications <br />{ineludng th.e substitution. and addition of other property} as` <br />maybe desred.Yiy Tenant :and as will not impair operating unity <br />ar productive capacity or the character of the Premises as a <br />manufacturing plant, and {ii) will apply for such purpose so much <br />as may be necessary of any Net Proceeds of insurance resulting <br />frarn such claims €or losses, as well as any additional moneys of <br />Tenant neces ary therefor. All Net Proceeds of insurance <br />resulting frgm such claims for losses not in excess of $'100,000 <br />shall be paid to Tenant. <br />If. the Premises is destroyed {in whole or in part,} or is <br />damaged by fire or :other casualty to such extent that the claim <br />for loss under the insurance policies required to be carried byy <br />this Lease hereof resulting: from such destruction or damage is in <br />excess of $100,000, Tenant shall promptly give written notice <br />thereat to Landlord. All.. Net Proceeds of insurance resulting., <br />from such claims for losses: in, excess of $100,000 shall be <br />received by Tenant., in trust, and applied by Tenant promptly to <br />repair, rebuild or restore the portion of the Fremises damaged or <br />destroyed to .substantially the swine condition as it existed. prior <br />to the event causing such damage. ar des ruction, with such <br />changes., alterations and modifications {including the <br />substitution and addition of other property:? as may be desired by <br />Tenant and as will not impair operating unity or productive <br />capacity or Ghe character of the Premises as a manufacturing <br />plant. In the event said Net Proceeds are not sufficient to pay <br />in full the costs of such repair, rebuilding or-restoration, <br />Tenant will nonetheless complete the work thereof and will pay <br />Ghat. portion of the costs thereof in excess of the amount of said <br />Net Proceeds. Any balance of such Net Proceeds remaining after <br />payment,o€: all the casts of such repair., rebuilding or <br />restoration, upon concurrence of Landlord, that repair, <br />rebuilding or restoration complies with the requirements of this <br />paragraph, are released from the trust. created here and shall be <br />paid to Tenant, except rent loss insurance proceeds which shall <br />be payable to Landlord. <br />Tf the structures on the Premises shall have been damaged or <br />destroyed {i.1 to such extent that, in the opinion of an <br />Independent Engineer expressed in a certificate filed with. <br />Landlord, it .cannot be reasonably restored within a period of six <br />consecutive months to the condition thereof .immediately preceding <br />such damage ar destruction., or (ii) to such extent.. that, in the <br />10 <br />