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premium directly or indirectly, and whether or not the person or entity has an insurable interest <br /> in the property damaged. <br /> 17. DAMAGE OR DESTRUCTION BY FIRE OR OTHER CASUALTY. <br /> (a) If the Leased Premises are damaged by fire, earthquake or other casualty <br /> ("Casualty"),Tenant shall give immediate written notice to Landlord. If Landlord estimates that <br /> (i)the damage can be repaired to meet Tenant's business needs within one hundred eighty(180) <br /> days after Landlord is notified by Tenant of such damage, and (ii) if there are sufficient insurance <br /> proceeds available to repair such damage,then Landlord shall proceed with reasonable diligence <br /> to restore the Leased Premises to substantially the condition which existed prior to the damage <br /> and this Lease shall not terminate. If either of the conditions set forth in phase (i) and (ii) of the <br /> previous sentence are not satisfied,then Landlord may elect, in its sole and absolute discretion, <br /> to either: (x) terminate this Lease or (y) restore the Leased Premises to substantially the same <br /> condition which existed prior to the damage and this Lease shall continue. Notice of Landlord's <br /> election shall be delivered to Tenant within ninety (90) days after the date Landlord receives <br /> written notice of the damage. Failure to deliver notice within the specified period shall be treated <br /> as an election not to restore. Tenant agrees to look to the provider of Tenant's insurance for <br /> coverage for the loss of Tenant's use of the Leased Premises and any other related losses or <br /> damages incurred by Tenant during any reconstruction period following a Casualty. <br /> (b) Not Used <br /> 18. CONDEMNATION. If the property or any part thereof wherein the Leased <br /> Premises are located shall be taken by public or quasi-public authority under any power of <br /> eminent domain or condemnation, this Lease, at the option of Landlord shall terminate and <br /> Tenant shall have no claim or interest in or to any award of damages for such taking. In the case <br /> of a taking of a part of the Leased Premises or a portion of the Building not required for Tenant's <br /> reasonable use of the Leased Premises, this Lease shall continue in full force and effect and the <br /> Base Rent shall be equitably reduced based on the proportion by which the floor area of the <br /> Leased Premises is reduced,such reduction in Base Rent to be effective as of the date the physical <br /> taking occurs. Landlord reserves all rights to damages or awards for any taking by eminent <br /> domain relating to the Leased Premises, the Building and the real property upon which the <br /> Building is situated, and the unexpired term of this Lease. Tenant assigns to Landlord any right <br /> Tenant may have to such damages or award and Tenant shall make no claim against Landlord for <br /> damages for termination of its leasehold interest or interference with Tenant's business. Tenant <br /> shall have the right,however,to claim and recover from the condemning authority compensation <br /> for any loss to which Tenant may be entitled for Tenant's moving expenses or other relocation <br /> costs if they are awarded separately to Tenant in the eminent domain proceedings and do not <br /> reduce the damages or award to Landlord. <br /> 19. EVENTS OF DEFAULT. Each of the following occurrences is an "Event of Default": <br /> 11 <br />