percent (10%) of the floor area of the
Improvements is the subject of the Condemnation;
(C)
Leases covering in the aggregate at least seventy-five percent
(75%) of the total rentable space in the Property which has been demised under
executed and delivered Leases in effect as of the date of the
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occurrence of such Casualty or Condemnation, whichever the case may be, is in
effect as of such date shall remain in full force and effect during and after
the completion of the Restoration without abatement of rent beyond the time
required for Restoration;
(D)
BORROWER SHALL CAUSE PROPERTY GUARANTOR TO COMMENCE THE RESTORATION
AS SOON AS REASONABLY PRACTICABLE (BUT IN NO EVENT LATER THAN SIXTY (60) DAYS
AFTER SUCH CASUALTY OR CONDEMNATION, WHICHEVER THE CASE MAY BE, OCCURS) AND
SHALL DILIGENTLY PURSUE THE SAME TO SATISFACTORY COMPLETION IN COMPLIANCE WITH
ALL APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, ALL APPLICABLE ENVIRONMENTAL
LAWS.
FOR PURPOSES OF THIS SUBSECTION (D), THE FILING FOR AN APPLICATION FOR A
BUILDING PERMIT FOR SUCH RESTORATION SHALL BE DEEMED COMMENCEMENT OF SUCH
RESTORATION;
(E)
LENDER SHALL BE REASONABLY SATISFIED THAT ANY OPERATING DEFICITS,
INCLUDING ALL SCHEDULED PAYMENTS OF PRINCIPAL AND INTEREST UNDER THE NOTE, WHICH
WILL BE INCURRED WITH RESPECT TO THE INDIVIDUAL PROPERTY AS A RESULT OF THE
OCCURRENCE OF ANY SUCH CASUALTY OR CONDEMNATION, WHICHEVER THE CASE MAY BE, WILL
BE COVERED OUT OF (1) THE NET PROCEEDS, (2) THE INSURANCE COVERAGE REFERRED TO
IN SECTION 6.1(A)(III), IF APPLICABLE, OR (3) BY OTHER FUNDS OF BORROWER;
(F)
LENDER SHALL BE REASONABLY SATISFIED THAT THE RESTORATION WILL BE
COMPLETED ON OR BEFORE THE EARLIEST TO OCCUR OF (1) THE EARLIEST DATE REQUIRED
FOR SUCH COMPLETION UNDER THE TERMS OF ANY LEASES WHICH ARE REQUIRED IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION 6.4(B) TO REMAIN IN EFFECT
SUBSEQUENT TO THE OCCURRENCE OF SUCH CASUALTY OR CONDEMNATION AND THE COMPLETION
OF THE RESTORATION, OR (2) SUCH TIME AS MAY BE REQUIRED UNDER APPLICABLE LAW IN
ORDER TO REPAIR AND RESTORE THE PROPERTY TO THE CONDITION IT WAS IN IMMEDIATELY
PRIOR TO SUCH CASUALTY OR CONDEMNATION OR (3) THE EXPIRATION OF THE INSURANCE
COVERAGE REFERRED TO IN SECTION 6.1(A)(III), UNLESS BORROWER HAS POSTED
REASONABLY ACCEPTABLE ADDITIONAL COLLATERAL WITH LENDER;
(G)
THE INDIVIDUAL PROPERTY AND THE USE THEREOF AFTER THE RESTORATION
WILL BE IN COMPLIANCE WITH AND PERMITTED UNDER ALL APPLICABLE LAWS;
(H)
SUCH CASUALTY OR CONDEMNATION, AS APPLICABLE, DOES NOT RESULT IN
THE TOTAL PERMANENT LOSS OF ACCESS TO THE INDIVIDUAL PROPERTY OR THE RELATED
IMPROVEMENTS;
(I)
BORROWER SHALL DELIVER, OR CAUSE TO BE DELIVERED, TO LENDER A
SIGNED DETAILED BUDGET APPROVED IN WRITING BY BORROWER'S ARCHITECT OR ENGINEER
STATING THE ENTIRE COST OF COMPLETING THE RESTORATION, WHICH BUDGET SHALL SHOW
THAT THE RESTORATION CAN BE COMPLETED FROM NET
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PROCEEDS AND CASH OR CASH EQUIVALENTS DEPOSITED BY BORROWER WITH LENDER;
(J)
THE NET PROCEEDS TOGETHER WITH ANY CASH OR CASH EQUIVALENT
DEPOSITED BY BORROWER WITH LENDER ARE SUFFICIENT IN LENDER'S REASONABLE
DISCRETION TO COVER