IS OR COULD BE COVERED BY
THE INSURANCE LESSEE IS REQUIRED TO CARRY UNDER THIS LEASE.
SECTION 7.08.
LESSOR AS PARTY DEFENDANT.
IF BY REASON OF AN ACT OR
OMISSION OF LESSEE OR ANY OF ITS EMPLOYEES, AGENTS, INVITEES, LICENSEE,
VISITORS, GUESTS OR CONTRACTORS, LESSOR IS MADE A PARTY DEFENDANT OR A
CROSS-DEFENDANT TO ANY ACTION INVOLVING THE PREMISES OR THIS LEASE, LESSEE SHALL
HOLD HARMLESS AND INDEMNIFY LESSOR FROM ALL LIABILITY OR CLAIMS OF LIABILITY,
INCLUDING ALL DAMAGES, ATTORNEY FEES AND COSTS OF SUIT.
ARTICLE VIII
DAMAGE OR DESTRUCTION
SECTION 8.01.
DESTRUCTION OF THE PREMISES.
(A)
IN THE EVENT OF A PARTIAL DESTRUCTION OF THE PREMISES DURING THE
LEASE TERM FROM ANY CAUSE, LESSOR, UPON RECEIPT OF, AND TO THE EXTENT OF,
INSURANCE PROCEEDS PAID IN CONNECTION WITH SUCH CASUALTY, SHALL FORTHWITH REPAIR
THE SAME, PROVIDED THE REPAIRS CAN BE MADE WITHIN A REASONABLE TIME UNDER STATE,
FEDERAL, COUNTY AND MUNICIPAL APPLICABLE LAW, BUT SUCH PARTIAL DESTRUCTION SHALL
IN NO WAY ANNUL OR VOID THIS LEASE, (EXCEPT AS PROVIDED IN SECTION 8.01.(B)
BELOW) PROVIDED THAT LESSEE SHALL BE ENTITLED TO A PROPORTIONATE CREDIT FOR RENT
EQUAL TO THE PAYMENT OF RENTAL INCOME INSURANCE RECEIVED BY LESSOR; PROVIDED
THAT IF LESSOR FAILED TO CARRY SUCH INSURANCE AS REQUIRED BY ARTICLE VII HEREOF,
LESSEE SHALL NONETHELESS BE ENTITLED TO AN ABATEMENT OF RENT TO THE SAME EXTENT
AS IF LESSOR HAD CARRIED SUCH INSURANCE.
LESSOR SHALL USE DILIGENCE IN MAKING
SUCH REPAIRS WITHIN A REASONABLE TIME PERIOD, ACTS OF GOD, STRIKES AND DELAYS
BEYOND LESSOR'S CONTROL EXCEPTED, IN WHICH INSTANCE THE TIME PERIOD SHALL BE
EXTENDED ACCORDINGLY, AND THIS LEASE SHALL REMAIN IN FULL FORCE AND EFFECT, WITH
THE RENT TO BE PROPORTIONATELY REDUCED AS PROVIDED IN THIS SECTION.
IF THE
PREMISES ARE DAMAGED BY ANY PERIL WITHIN TWELVE (12) MONTHS PRIOR TO THE LAST
DAY OF THE LEASE TERM AND, IN THE REASONABLE OPINION
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of the Lessor's architect or construction consultant, the restoration of the
Premises cannot be substantially completed within ninety (90) days after the
date of such damage and such damage renders unusable more than thirty percent
(30%) of the Premises, Lessor may terminate this Lease on sixty (60) days
written notice to Lessee.
(B)
IF THE BUILDING IS DAMAGED OR DESTROYED BY ANY CAUSE TO THE EXTENT
OF MORE THAN FIFTY PERCENT (50%) OF ITS TOTAL RENTABLE AREA DURING THE LEASE
TERM, LESSOR SHALL NOTIFY LESSEE WITHIN SIXTY (60) DAYS AFTER SUCH DAMAGE OR
DESTRUCTION WHETHER IT WILL REPAIR THE SAME WITHIN NINE MONTHS (9) (SUBJECT TO
FORCE MAJEURE DELAYS) FROM THE DATE OF SUCH NOTICE AND IF LESSOR STATES THAT IT
WILL NOT REPAIR WITHIN SAID NINE MONTHS (9) (SUBJECT TO FORCE MAJEURE DELAYS)
THIS LEASE SHALL TERMINATE TEN (10) BUSINESS DAYS AFTER LESSOR GIVES ITS
NOTICE.
IN THE EVENT OF TERMINATION, LESSEE SHALL PAY TO LESSOR ALL INSURANCE
PROCEEDS, IF ANY, RECEIVED BY LESSEE AS A RESULT OF THE DAMAGE OR DESTRUCTION
EXCEPT TO THE EXTENT ALLOCABLE TO THE UNAMORTIZED (OVER THE LEASE