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of any lien within the prescribed 10 - day period , then Landlord may do so at Tenant ' s expense, including
<br /> costs and reasonable attorney ' s fees , which expenses shall be due as Additional Rent hereunder .
<br /> Notwithstanding anything to the contrary set forth above in this article 8 , if Tenant does not
<br /> perform its maintenance obligations in a timely manner as set forth in this Lease and diligently and
<br /> continuously pursue completion of unfulfilled maintenance obligations , then after reasonable notice of
<br /> same to Tenant and Tenant ' s failure to perform its maintenance obligations within 30 days of such notice,
<br /> Landlord shall have the right, but not the obligation , to perform such maintenance , and any amounts so
<br /> expended by Landlord shall be paid by Tenant to Landlord promptly after demand as Additional Rent
<br /> with interest at the legal rate from the date of expenditure through the date paid .
<br /> 8 . Casualty Loss ; Destruction of Demised Premises and/or Building . If the Demised Premises
<br /> or the Building, as the case may be, is damaged or destroyed by fire or other casualty to the extent of 50%
<br /> or more of the value thereof in the reasonable opinion of Landlord, and not resulting from the act or
<br /> omission of Tenant, then either Landlord, the Mortgagee (as defined in article 12 ), or Tenant may, by
<br /> written notice given not later than 60 days after the date of fire or other casualty, terminate this Lease
<br /> effective to the date of such fire or other casualty . If the Lease is not so terminated as provided in this
<br /> article 9 , then subject to and to the extent of available insurance proceeds , Landlord shall proceed with
<br /> diligence to rebuild and restore the Building or the Demised Premises (exclusive of Tenant ' s property) , as
<br /> the case may be, so damaged or destroyed substantially to the condition thereof existing immediately
<br /> prior to such damage or destruction within 280 days after the date of such fire or other casualty (exclusive
<br /> of Tenant Delay and Force Majeure Delay), in which event the Term of this Lease shall not terminate, but
<br /> any Minimum Rent and Additional Rent payable under article 6 and Exhibit D hereof shall abate on a per
<br /> diem basis while the Demised Premises remain untenantable . If, subject to the sufficiency of . insurance
<br /> proceeds , Landlord shall fail to complete the rebuilding and restoration of the Building and/or the
<br /> Demised Premises such that a certificate of occupancy (temporary or final) shall not have been issued
<br /> within the aforesaid 280 - day period, exclusive of Force Majeure Delay and Tenant Delay, then either
<br /> Landlord or Tenant, by written notice to the other given within 30 days next following the last day of the
<br /> aforesaid 280 - day period, may terminate this Lease retroactive to the date of such fire or casualty, and any
<br /> Minimum Rent and Additional Rent payable under article 6 and Exhibit D hereof shall be abated or
<br /> apportioned (as the case may be) on a per diem basis and paid to the date of such fire or casualty .
<br /> Termination of the Lease by Tenant shall be Tenant ' s sole remedy for Landlord ' s failure to rebuild or
<br /> restore the Demised Premises and/or Building under this article 9 .
<br /> If the Demised Premises or the Building, as the case may be, is damaged by fire or other casualty
<br /> to the extent of less than 50 % of the value thereof in the reasonable opinion of Landlord, and not resulting
<br /> from the act or omission of Tenant, then Landlord shall, except as otherwise provided herein, proceed
<br /> with diligence to rebuild and restore the Building and/or the Demised Premises (exclusive of Tenant ' s
<br /> property) , as the case may be, so damaged substantially to the condition thereof existing immediately
<br /> prior to such damage or destruction . Notwithstanding the foregoing, if by reason of such occurrence, (1)
<br /> the Building and/or the Demised Premises is damaged in whole or in part as a result of a risk which is not
<br /> covered by insurance policies in force and carried by Landlord ; or (ii) Mortgagee shall not permit a
<br /> sufficient amount of the insurance proceeds to be used for restoration purposes ; or (iii) the Building
<br /> and/or the Demised Premises is damaged during the final twelve month period of this Lease (including
<br /> any properly exercised extensions and renewals , if any), or (iv) Landlord does not reasonably believe that
<br /> the rebuilding and/or restoration can be completed within 200 days after the occurrence of such casualty,
<br /> then in any event, Landlord may cancel this Lease by written notice of cancellation given to Tenant
<br /> within 60 days after the date of such casualty, and thereupon this Lease shall terminate . If such
<br /> cancellation notice is not given by Landlord within said 60- day period, then Landlord shall repair and
<br /> restore the Building and/or the Demised Premises as provided above . In addition, Tenant may also
<br /> terminate this Lease , by written notice to Landlord at any time between the 200th and 230th day
<br /> OCAC Lease Page 6
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