THE INTEREST ACCRUED THEREON, IF
ANY, TO THE EXTENT REQUIRED FOR THE PAYMENT OF ANY INSURANCE PREMIUM REQUIRED TO
MEET TENANT'S OBLIGATIONS UNDER SECTION 10.1(A) HEREOF.
IF LANDLORD SHALL SO
USE, APPLY OR RETAIN THE WHOLE OR ANY PART OF THE SECURITY DEPOSIT AND THE
INTEREST ACCRUED THEREON, TENANT SHALL UPON DEMAND IMMEDIATELY DEPOSIT WITH
LANDLORD A SUM EQUAL TO THE AMOUNT SO USED, APPLIED OR RETAINED.
IF TENANT
SHALL FULLY AND FAITHFULLY COMPLY WITH ALL OF TENANT'S OBLIGATIONS UNDER
SECTION 10.4(A) HEREOF IN RESPECT OF THE POLICIES TO BE MAINTAINED UNDER
SECTION 10.1(A) HEREOF, THE SECURITY DEPOSIT (INCLUDING INTEREST THEREON) OR ANY
BALANCE THEREOF, SHALL BE RETURNED OR PAID OVER TO TENANT AFTER THE DATE ON
WHICH THIS LEASE SHALL EXPIRE OR SOONER END OR TERMINATE, AND AFTER DELIVERY TO
LANDLORD OF ENTIRE POSSESSION OF THE DEMISED PREMISES.
IN THE EVENT OF ANY SALE
OF LANDLORD'S INTEREST IN THE LEASE, LANDLORD SHALL HAVE THE RIGHT TO ASSIGN ITS
INTEREST IN THE SECURITY DEPOSIT TO THE TRANSFEREE OR ASSIGNEE AND LANDLORD
SHALL THEREUPON BE RELEASED BY TENANT FROM ALL LIABILITY FOR THE RETURN OR
PAYMENT THEREOF; AND TENANT SHALL LOOK SOLELY TO THE NEW LANDLORD FOR THE RETURN
OR PAYMENT OF THE SAME; AND THE PROVISIONS HEREOF SHALL APPLY TO EVERY TRANSFER
OR ASSIGNMENT MADE OF THE SAME TO A NEW LANDLORD.
TENANT SHALL NOT ASSIGN OR
ENCUMBER OR ATTEMPT TO ASSIGN OR ENCUMBER THE SECURITY DEPOSIT AND NEITHER
LANDLORD NOR ITS SUCCESSORS OR ASSIGNS SHALL BE BOUND BY ANY SUCH ASSIGNMENT,
ENCUMBRANCE, ATTEMPTED ASSIGNMENT OR ATTEMPTED ENCUMBRANCE.
ARTICLE XI
DAMAGE AND DESTRUCTION
SECTION 11.1
DAMAGE AND DESTRUCTION.
(A)
RESTORATION.
IF, AT ANY TIME DURING THE TERM OF THIS LEASE, ALL OR
ANY PART OF THE COMMON ELEMENTS OR ANY PORTION THEREOF SHALL BE DESTROYED OR
DAMAGED IN WHOLE OR IN PART BY FIRE OR OTHER CASUALTY (INCLUDING ANY CASUALTY
FOR WHICH INSURANCE WAS NOT OBTAINED OR OBTAINABLE) OF ANY KIND OR NATURE,
ORDINARY OR EXTRAORDINARY, FORESEEN OR UNFORESEEN (EACH, A "CASUALTY"), TENANT
SHALL: (I) GIVE TO LANDLORD IMMEDIATE NOTICE THEREOF, EXCEPT THAT NO NOTICE
SHALL BE REQUIRED IF THE ESTIMATED COST OF REPAIRS, RESTORATIONS, REPLACEMENTS
AND REBUILDING, INCLUDING TEMPORARY REPAIRS OR THE PROTECTION OF OTHER PROPERTY
PENDING THE COMPLETION OF ANY REPAIR, RESTORATION, REPLACEMENT OR REBUILDING
THEREOF (COLLECTIVELY, "RESTORATION") SHALL BE LESS THAN ONE HUNDRED THOUSAND
DOLLARS ($100,000.00); (II) FILE ALL REQUIRED DOCUMENTS AND INSTRUMENTS WITH ITS
INSURERS, AND MAKE SUCH CLAIMS WITH ITS INSURERS AS SHALL BE NECESSARY OR
ADVISABLE; AND (III) TAKE SUCH STEPS AS SHALL BE NECESSARY OR ADVISABLE TO
PRESERVE ANY UNDAMAGED PORTION OF THE COMMON ELEMENTS AND TO INSURE THAT THE
PORTIONS OF THE COMMON ELEMENTS THAT ARE ACCESSIBLE TO THE PUBLIC SHALL BE SAFE
AND FREE FROM CONDITIONS HAZARDOUS TO LIFE AND PROPERTY.
SUBJECT TO
SECTION 11.1(G) HEREOF, TENANT SHALL, WHETHER OR NOT SUCH CASUALTY SHALL HAVE
BEEN INSURED, AND WHETHER OR NOT INSURANCE PROCEEDS, IF ANY, SHALL BE SUFFICIENT
FOR THE PURPOSE OF SUCH RESTORATION, DILIGENTLY AND WITH CONTINUITY (SUBJECT TO
UNAVOIDABLE