FOR TENANT'S
USE AND ENJOYMENT OF THE PREMISES IN ACCORDANCE WITH THE REQUIREMENTS OF
SECTIONS 13.1 AND 13.2 ABOVE, TENANT SHALL PAY LANDLORD TENANT'S CONTRIBUTION,
AND THIS LEASE SHALL CONTINUE IN FULL FORCE AND EFFECT.
13.5
RENT ABATEMENT.
DURING ANY PERIOD WHEN TENANT'S USE OF THE PREMISES
IS SIGNIFICANTLY IMPAIRED BY DAMAGE OR DESTRUCTION, RENT SHALL ABATE IN
PROPORTION TO THE DEGREE TO WHICH TENANT'S USE OF THE PREMISES IS IMPAIRED UNTIL
SUCH TIME AS THE PREMISES ARE MADE TENANTABLE AS REASONABLY DETERMINED BY
LANDLORD; PROVIDED THAT NO SUCH RENTAL ABATEMENT SHALL BE PERMITTED IF THE
CASUALTY IS A RESULT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT OR
TENANT'S EMPLOYEES, AGENTS, CONTRACTORS OR INVITEES.
13.6
INSURANCE PROCEEDS.
THE PROCEEDS FROM ANY INSURANCE PAID BY REASON
OF DAMAGE TO OR DESTRUCTION OF THE PROJECT OR ANY PART THEREOF INSURED BY
LANDLORD SHALL BELONG TO AND BE PAID TO LANDLORD, SUBJECT TO THE RIGHTS OF ANY
HOLDER(S) OF ANY SECURITY DEVICE(S) ON THE PROJECT.
IF THIS LEASE IS NOT
TERMINATED PURSUANT TO THE PROVISIONS OF THIS ARTICLE 13, TENANT SHALL BE
RESPONSIBLE AT ITS SOLE COST AND EXPENSE FOR THE REPAIR, RESTORATION AND
REPLACEMENT OF ITS ALTERATIONS, ADDITIONS, AND IMPROVEMENTS (INCLUDING THE
TENANT'S IMPROVEMENTS); PROVIDED, HOWEVER, THAT LANDLORD SHALL HAVE THE OPTION
OF REQUIRING TENANT TO ASSIGN TO LANDLORD (OR ANY PARTY DESIGNATED BY LANDLORD)
SOME OR ALL OF THE PROCEEDS PAYABLE TO TENANT UNDER THIS ARTICLE 13, WHEREUPON
LANDLORD SHALL BE RESPONSIBLE FOR THE REPAIR AND RESTORATION OF SUCH INSURED
PROPERTY.
NOTWITHSTANDING THE FOREGOING TO THE CONTRARY, IF THIS LEASE IS
TERMINATED PURSUANT TO THE PROVISIONS OF THIS ARTICLE 13, THEN THAT PORTION OF
TENANT'S INSURANCE PROCEEDS ATTRIBUTABLE TO THE TENANT IMPROVEMENTS SHALL BE
PAYABLE TO LANDLORD AND TENANT IN THE SAME PROPORTION AS LANDLORD'S AND TENANT'S
RESPECTIVE SHARE OF COSTS (AS DEFINED IN THE WORK LETTER), AND THAT PORTION OF
TENANT'S INSURANCE PROCEEDS ATTRIBUTABLE TO OTHER IMPROVEMENTS CONSTRUCTED BY
LANDLORD OR FUNDED IN WHOLE OR IN PART BY AN IMPROVEMENT ALLOWANCE FROM LANDLORD
SHALL BE PAYABLE TO LANDLORD AND TENANT IN THE SAME PROPORTION AS SUCH PARTY
FUNDED THE COST OF SUCH IMPROVEMENT.
TENANT SHALL USE REASONABLE EFFORTS TO
COLLECT THE INSURANCE PROCEEDS TO WHICH IT IS ENTITLED UNDER THE SUBJECT
CASUALTY INSURANCE POLICY.
13.7
WAIVER.
LANDLORD'S REPAIR AND RESTORATION OBLIGATIONS UNDER THIS
SECTION 13.7 SHALL NOT IMPAIR OR OTHERWISE AFFECT THE RIGHTS AND OBLIGATIONS OF
THE PARTIES SET FORTH ELSEWHERE IN THIS LEASE.
SUBJECT TO SECTION 13.5,
LANDLORD SHALL NOT BE LIABLE FOR ANY INCONVENIENCE OR ANNOYANCE TO TENANT, ITS
EMPLOYEES, AGENTS, CONTRACTORS OR INVITEES, OR INJURY TO TENANT'S BUSINESS
RESULTING IN ANY WAY FROM SUCH DAMAGE OR THE REPAIR THEREOF.
LANDLORD AND
TENANT AGREE THAT THE TERMS OF THIS LEASE SHALL GOVERN THE EFFECT OF ANY DAMAGE
TO OR DESTRUCTION OF THE PREMISES OR THE PROJECT WITH RESPECT TO THE TERMINATION
OF THIS LEASE AND ANY STATUTE OR REGULATION OF THE STATE OF CALIFORNIA,
INCLUDING, WITHOUT LIMITATION, SECTIONS 1932(2) AND 1933(4) OF THE CALIFORNIA
CIVIL CODE, WITH