ACCORDANCE WITH THE PROVISIONS OF ARTICLE IX HEREOF.
14
SECTION 10.10.
(A)
LESSOR AND LESSEE SHALL EACH ENDEAVOR TO
SECURE AN APPROPRIATE CLAUSE IN, OR AN ENDORSEMENT UPON, EACH INSURANCE POLICY
OBTAINED BY IT UNDER THIS LEASE PURSUANT TO WHICH THE RESPECTIVE INSURANCE
COMPANIES WAIVE THEIR RIGHTS OF SUBROGATION.
THE WAIVER OF SUBROGATION SHALL
EXTEND TO THE AGENTS OF EACH PARTY AND ITS EMPLOYEES AND, IN THE CASE OF LESSEE,
SHALL ALSO EXTEND TO ALL OTHER PERSONS AND ENTITIES OCCUPYING OR USING THE
DEMISED PREMISES AND IMPROVEMENTS IN ACCORDANCE WITH THE TERMS OF THIS LEASE.
IF AND TO THE EXTENT THAT SUCH WAIVER CAN BE OBTAINED ONLY UPON PAYMENT OF AN
ADDITIONAL CHARGE THEN THE PARTY BENEFITING FROM THE WAVIER SHALL PAY SUCH
CHARGE UPON DEMAND, OR SHALL BE DEEMED TO HAVE AGREED THAT THE PARTY OBTAINING
THE INSURANCE COVERAGE IN QUESTION SHALL BE FREE OF ANY FURTHER OBLIGATIONS
UNDER THE PROVISIONS HEREOF RELATING TO SUCH WAIVER.
(b)
Each party hereby releases the other with respect to any claim
(including a claim for negligence) which it might otherwise have against the
other party for loss, damages or destruction with respect to its property by
fire or other casualty (including rental value or business interruption, as the
case may be) occurring during the term of this Lease.
ARTICLE ELEVEN
CONDEMNATION
SECTION 11.01.
IF, DURING THE DEMISED TERM THE WHOLE OF THE DEMISED
PREMISES SHALL BE TAKEN OR CONDEMNED IN EMINENT DOMAIN PROCEEDINGS FOR ANY
PUBLIC OR QUASI-PUBLIC USE, OR IN THE EVENT OF CONVEYANCE IN LIEU THEREOF OR IF
LESS THAN THE WHOLE IS SO TAKEN OR CONDEMNED WITH THE RESULT THAT THE REMAINDER
OF THE DEMISED PREMISES IS INSUFFICIENT TO PERMIT THE USE THEREOF BY LESSEE AS
PERMITTED BY THIS LEASE, AS DETERMINED TO THE REASONABLE SATISFACTION OF THE
LESSOR (HEREINAFTER TERMED TOTAL CONDEMNATION OR CONSTRUCTIVE TOTAL CONDEMNATION
RESPECTIVELY), THIS LEASE SHALL CEASE AND TERMINATE ON THE DATE ON WHICH THE
LESSEE LOSES POSSESSION OF THE DEMISED PREMISES OR THE PORTION THEREOF DUE TO
SUCH CONDEMNATION. RENT, TAXES AND OTHER CHARGES HEREIN PROVIDED SHALL BE
PRORATED AS OF THE DATE OF TERMINATION.
SECTION 11.02.
IF, DURING THE DEMISED TERM, A PORTION OF ANY OF THE
PROPERTY COMPRISING THE DEMISED PREMISES SHALL BE TAKEN OR CONDEMNED UNDER THE
RIGHT OF EMINENT DOMAIN, WHICH DOES NOT RESULT IN THE TERMINATION OF THIS LEASE
(HEREINAFTER TERMED A PARTIAL CONDEMNATION), THEN LESSOR SHALL, AT LESSOR'S
EXPENSE, RESTORE THE IMPROVEMENTS ON THE PROPERTY REMAINING SO THAT THEY WILL
CONSTITUTE AN ARCHITECTURAL UNIT OF THE SAME GENERAL CHARACTER AND CONDITION (AS
NEARLY AS MAY BE POSSIBLE IN THE CIRCUMSTANCES) AS THE PREVIOUS IMPROVEMENTS AND
THIS LEASE WILL REMAIN IN FULL FORCE AND EFFECT WITH REGARD TO THE REMAINING
PORTION OF SUCH PROPERTY.
ANY AMOUNT OF THE AWARD REMAINING AFTER COMPLETION OF
RESTORATION SHALL BE THE PROPERTY OF LESSOR AS PROVIDED IN SECTION 11.03.
LESSOR AND LESSEE ACKNOWLEDGE THAT UNDER CERTAIN CIRCUMSTANCES, DAMAGE MAY HAVE
OCCURRED WITH RESPECT TO THE DEMISED PREMISES AND/OR IMPROVEMENTS ARISING FROM