OR MODIFIED
WITHOUT AT LEAST 30 DAYS' PRIOR WRITTEN NOTICE SENT BY REGISTERED OR CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, TO LANDLORD AND (EXCEPT FOR RENT INSURANCE) TO
THE HOLDER OF ANY MORTGAGE; AND (B) PROVIDE THAT NO ACT OR OMISSION OF TENANT OR
ANY SUBTENANT SHALL RESULT IN A FORFEITURE OF SUCH INSURANCE.
SECTION 9.7.
THE LOSS, IF ANY, UNDER POLICIES OF INSURANCE REQUIRED UNDER
SECTION 9.1 SHALL BE ADJUSTED BY AND PAID TO LANDLORD (SUBJECT TO THE PROVISIONS
OF SECTION 10.3 AND 10.4) IF NOT REQUIRED TO BE PAID TO THE HOLDER OF ANY
MORTGAGE.
SECTION 9.8.
UPON TERMINATION OF THIS LEASE, THE PREMIUMS ON ALL TRANSFERABLE
INSURANCE POLICIES PROVIDED FOR IN THIS ARTICLE, THEN IN FORCE, SHALL BE
APPORTIONED BETWEEN LANDLORD AND TENANT AS OF THE DATE OF TERMINATION, BUT ONLY
TO THE EXTENT SUCH INSURANCE POLICIES ARE ACTUALLY TRANSFERRED TO LANDLORD AND
PROVIDED THAT LANDLORD SHALL NOT BE REQUIRED TO MAKE ANY APPORTIONMENT PAYMENT
TO TENANT IF TENANT IS THEN IN DEFAULT UNDER THIS LEASE.
SECTION 9.9.
IF ANY LIABILITY CLAIM SHALL BE ASSERTED AGAINST TENANT OR THE
LEASED PREMISES, TENANT, PROMPTLY AFTER HAVING KNOWLEDGE THEREOF, WILL NOTIFY
LANDLORD OF SUCH CLAIM.
ARTICLE 10
DAMAGE AND DESTRUCTION
SECTION 10.1.
IN CASE OF DAMAGE TO OR TOTAL OR PARTIAL DESTRUCTION, OTHER THAN
BY REASON OF CONDEMNATION PROCEEDINGS (COLLECTIVELY A "CASUALTY") OF ANY
BUILDING, IMPROVEMENTS OR BUILDING EQUIPMENT NOW OR HEREAFTER ON THE LAND OF AND
INCLUDED IN THE LEASED PREMISES, AND SUCH CASUALTY RENDERS ALL OR A SUBSTANTIAL
PORTION OF THE LEASED PREMISES UNTENANTABLE, AND IN LANDLORD'S REASONABLE
OPINION IT WOULD NOT BE ECONOMICALLY FEASIBLE TO REPAIR OR RESTORE THE LEASED
PREMISES, THEN LANDLORD MAY TERMINATE THIS LEASE UPON WRITTEN NOTICE TO THE
TENANT WITHIN 90 DAYS AFTER THE CASUALTY.
IN ADDITION, LANDLORD, BY NOTICE TO
TENANT WITHIN 90 DAYS AFTER
12
THE DATE OF THE CASUALTY, SHALL HAVE THE RIGHT TO TERMINATE THIS LEASE IF:
(1)
THE LEASED PREMISES HAVE BEEN MATERIALLY DAMAGED AND THERE IS LESS THAN 2 YEARS
OF THE TERM REMAINING ON THE DATE OF THE CASUALTY; (2) ANY MORTGAGE REQUIRES
THAT THE INSURANCE PROCEEDS BE APPLIED TO THE PAYMENT OF THE MORTGAGE DEBT.
SECTION 10.2.
IF THIS LEASE IS NOT TERMINATED, LANDLORD SHALL PROCEED WITH
REASONABLE PROMPTNESS TO REPAIR AND RESTORE THE LEASED PREMISES, SUBJECT TO
REASONABLE DELAYS FOR INSURANCE ADJUSTMENTS AND DELAYS CAUSED BY MATTERS BEYOND
LANDLORD'S REASONABLE CONTROL, AND ALSO SUBJECT TO ZONING LAWS AND BUILDING
CODES THEN IN EFFECT. LANDLORD SHALL HAVE NO LIABILITY TO TENANT, AND TENANT
SHALL NOT BE ENTITLED TO TERMINATE THIS LEASE (EXCEPT AS HEREINAFTER PROVIDED)
IF SUCH REPAIRS AND RESTORATION ARE NOT IN FACT COMPLETED WITHIN THE TIME PERIOD
ESTIMATED BY LANDLORD.
HOWEVER, IF THE LEASED PREMISES ARE NOT REPAIRED OR
RESTORED WITHIN EIGHTEEN (18) MONTHS AFTER THE DATE OF THE CASUALTY ("OUTSIDE
COMPLETION DATE"), THEN EITHER PARTY MAY TERMINATE THIS LEASE BY WRITTEN NOTICE
TO THE OTHER PARTY NOT LATER THAN THIRTY (30) DAYS AFTER THE EXPIRATION OF THE
OUTSIDE COMPLETION DATE, BUT