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be no self -insured retention with respect to the insurance requirements under this Section 16, <br />unless approved in advance in writing by Landlord in its sole discretion. <br />(c) If Tenant fails to acquire or maintain any insurance or provide evidence of <br />insurance required by this Section 16, Landlord may, but shall not be required to, obtain such <br />insurance or evidence and the costs associated with obtaining such insurance or evidence shall <br />be payable byTenantto Landlord on demand together with a fee for overhead and administrative <br />expenses equal to 10% of such costs. <br />(d) Waiver of _Subrogation. Landlord and Tenant each mutually release the <br />other from every right, claim and demand which may hereafter arise in favor of either arising out <br />of or in connection with any loss occasioned by fire, earthquake or other casualty and such other <br />perils as are included in the provisions of the normal extended coverage clauses of fire and <br />casualty insurance policies, and hereby waive all rights of subrogation in favor of insurance <br />carriers arising out of any such losses and sustained by either Landlord or Tenant in or to the <br />Leased Premises or any property therein, but only to the extent of deductibles specified in the <br />insurance policies plus the insurance proceeds paid to such party under its policies of insurance <br />or, if it fails to maintain the required policies, the insurance proceeds that would have been paid <br />to such party if it had maintained such policies. This waiver of subrogation shall be effective to a <br />person or entity even though that person or entity would otherwise have a duty of <br />indemnification, contractual or otherwise, whether or not the person or entity paid the insurance <br />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 shafl give immediate written notice to Landlord. If Landlord estimates that <br />(1) 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 (11) 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 ofthe 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) If the Building is damaged by Casualty and more than fifty percent (50%) <br />of the Building is rendered untenantable, without regard to whether the Leased Premises are <br />11 <br />