TERM) COST OF
ALTERATIONS INSTALLED THEREIN AT LESSEE'S SOLE COST AND EXPENSE.
SECTION 8.02.
WAIVER OF CIVIL CODE REMEDIES.
LESSEE HEREBY EXPRESSLY
WAIVES ANY RIGHTS TO TERMINATE THIS LEASE UPON DAMAGE OR DESTRUCTION TO THE
PREMISES, INCLUDING WITHOUT LIMITATION ANY RIGHTS PURSUANT TO THE PROVISIONS OF
SECTION 1932, SUBDIVISIONS 1 AND 2 AND SECTION 1933, SUBDIVISION 4, OF THE
CALIFORNIA CIVIL CODE, AS AMENDED FROM TIME-TO-TIME, AND THE PROVISIONS OF ANY
SIMILAR LAW HEREINAFTER ENACTED.
SECTION 8.03.
NO ABATEMENT OF RENTALS.
THE RENTALS AND OTHER CHARGES
DUE UNDER THIS LEASE SHALL NOT BE REDUCED OR ABATED BY REASON OF ANY DAMAGE OR
DESTRUCTION TO THE PREMISES (EXCEPT TO THE EXTENT OF PROCEEDS RECEIVED BY LESSOR
FROM THE RENTAL LOSS INSURANCE; 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), AND LESSOR SHALL BE ENTITLED TO ALL PROCEEDS OF THE INSURANCE
MAINTAINED PURSUANT TO SECTION 7.01. ABOVE DURING THE PERIOD OF REBUILDING
PURSUANT TO SECTION 8.01.(A) ABOVE, OR IF THE LEASE IS TERMINATED PURSUANT TO
SECTION 8.01.(A) ABOVE.
LESSEE SHALL HAVE NO CLAIM AGAINST LESSOR, INCLUDING,
WITHOUT LIMITATION, FOR COMPENSATION FOR INCONVENIENCE OR LOSS OF BUSINESS,
PROFITS OR GOODWILL DURING ANY PERIOD OF REPAIR OR RECONSTRUCTION.
SECTION 8.04.
LIABILITY FOR PERSONAL PROPERTY.
IN NO EVENT SHALL
LESSOR HAVE ANY LIABILITY FOR, NOR SHALL IT BE REQUIRED TO REPAIR OR RESTORE,
ANY INJURY OR DAMAGE TO LESSEE'S PERSONAL PROPERTY OR TO ANY OTHER PERSONAL
PROPERTY OR TO TENANT IMPROVEMENTS (OTHER THAN IMPROVEMENTS WHICH ARE
PERMANENTLY AFFIXED TO THE PREMISES) OR ALTERATIONS IN OR UPON THE PREMISES BY
LESSEE.
SECTION 8.05.
LESSEE'S RIGHT TO TERMINATE.
IF THE PREMISES ARE DAMAGED
BY ANY PERIL AND LESSOR DOES NOT ELECT TO TERMINATE THIS LEASE OR IS NOT
ENTITLED TO TERMINATE THIS LEASE PURSUANT TO THIS ARTICLE, THEN AS SOON AS
REASONABLY PRACTICABLE, LESSOR SHALL FURNISH LESSEE WITH THE WRITTEN OPINION OF
LESSOR'S ARCHITECT OR CONSTRUCTION CONSULTANT AS TO WHEN THE RESTORATION WORK
REQUIRED OF LESSOR MAY BE COMPLETE.
LESSEE SHALL HAVE THE OPTION TO TERMINATE
THIS LEASE IN THE EVENT ANY OF THE FOLLOWING OCCURS, WHICH OPTION MAY BE
EXERCISED ONLY BY DELIVERY TO LESSOR OF A WRITTEN NOTICE OF ELECTION TO
TERMINATE WITHIN SEVEN DAYS AFTER LESSEE RECEIVES FROM LESSOR THE ESTIMATE OF
THE TIME NEEDED TO COMPLETE SUCH RESTORATION (I) IF THE TIME ESTIMATED TO
SUBSTANTIALLY COMPLETE THE RESTORATION OR THE ACTUAL RESTORATION EXCEEDS FIFTEEN
(15) MONTHS FROM AND AFTER THE DATE THE ARCHITECT'S OR CONSTRUCTION CONSULTANT'S
WRITTEN OPINION IS DELIVERED OR (II) IF THE DAMAGE OCCURRED
22
within twelve months prior to the last day of the Lease Term and the time
estimated to substantially complete the restoration exceeds one hundred eighty
(180) days from and after the date such restoration is commenced.
ARTICLE IX
REAL PROPERTY TAXES
SECTION 9.01.
PAYMENT OF TAXES.
LESSEE SHALL PAY LESSEE'S SHARE OF ALL
REAL PROPERTY TAXES, INCLUDING