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<br />Notwithstanding any provision in this Lease to the contrary, and to the extent permitted by law,
<br />Lessor hereby waives and releases unto Lessee and its successors and assigns, and Lessee hereby waives and
<br />releases unto Lessor and its successors and assigns, any and all rights to claim or assert any claim for
<br />damages resulting from any injury, loss, cost or damage suffered by any person or to the Premises which is
<br />occasioned by fire, explosion, accident, occurrence or condition in, on or about the Premises or any other
<br />casualty; provided, however, that the full amount of such injury, loss, cost or damage has been paid to Lessor,
<br />Lessee or any other person, firm or corporation, under, the terms of any fire, extended coverage, public
<br />liability or other policy of insurance. All policies of insurance carried or maintained pursuant to this Lease
<br />shall contain or be endorsed to contain a provision whereby the insurer waives all rights of subrogation
<br />against either Lessor or Lessee, as applicable.
<br />Section 4.05 Casualty Loss. In the event the Premises are wholly destroyed and/or rendered
<br />untenantable .by fire or other casualty not the result of any wrongful or negligent act or omission of Lessee,
<br />either party may, by written notice delivered to the other party not later than thirty (30) days after the date of
<br />such casualty, terminate this Lease. In the event of any termination of this Lease pursuant to this Section, the
<br />monthly installment of Annual Rent paid for the month in which the casualty occurred shall be prorated as of
<br />the date the casualty occurred and any portion of the prorated monthly installment of Annual Rent paid by
<br />Lessee and applicable to that portion of the month following the casualty shall be refunded to Lessee.
<br />In the event the Premises are damaged by fire or other casualty, but not wholly destroyed and/or
<br />rendered untenantable, but Lessee is nevertheless reasonably required to discontinue its business and/or
<br />operations in the Premises for any period prior to the completion of repairs and restoration, payment of.
<br />monthly installments of Annual Rent shall abate during such period. In the event Lessee is able to continue
<br />its business and/or operations in the Premises during the period of repair and restoration, Rent shall be
<br />adjusted and prorated, if at all, in the same proportion that the total unusable area of the Premises, if any,
<br />bears to the total area of the Premises. Lessor shall not, in any event, be liable for any loss, injury or
<br />damages, consequential or otherwise, suffered by Lessee. In the event the damage to the Premises is such
<br />that Lessor concludes that repair and restoration of the Premises cannot be completed within one hundred
<br />fifty (150) days after the date of the casualty, Lessor shall so notify Lessee, in writing, not later than sixty (60)
<br />days after such fire or other casualty, and either party may thereafter terminate this Lease by written notice
<br />delivered to the other party not later than thirty (30) days after the date on which Lessor delivers written
<br />notice to Lessee that repair and restoration cannot be completed within one hundred fifty (150) days. If the
<br />Premises are damaged by cause due to any fault or neglect of Lessee, its agents, employees, invitees, or
<br />licensees, Lessor may repair such damage without prejudice to any subrogation rights of Lessor's insurer, and
<br />there shall be no apportionment or abatement of any Rent.
<br />Section 4.06 Condemnation. In the event the Premises shall be taken for public use by any city,
<br />state, county, federal or other public authority, or by any corporation or entity having the power of eminent
<br />domain, this Lease shall terminate on the date on which possession of the Premises is taken for public use, or,
<br />at the option of Lessee, on the date on which the Premises shall become unsuitable for Lessee's business by
<br />reason of such taking; provided, however, that if only a part of the Premises are so taken, any termination of
<br />this Lease shall be at Lessee's option only. In the event a partial taking of the Premises occurs and Lessee
<br />elects not to terminate this Lease, all Rent and other costs and expenses due hereunder shall be reduced
<br />proportionally. Such reductions shall be effective as of the date possession is taken for public use. Lessor
<br />shall have the sole and exclusive right to participate in any award for a public or private taking; provided,
<br />however, that Lessee shall be permitted to apply for a condemnation award based on the value of any trade
<br />fixtures which are the property of Lessee and which are taken for public purposes, as well as for any
<br />relocation assistance that may be available.
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