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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 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) 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 /> affected by such damage, Landlord may, in its absolute discretion, elect to terminate this Lease <br /> by notice in writing to Tenant within thirty (30) days after the date Landlord receives written <br /> notice of the damage. Such notice shall be effective twenty (20) days after delivery to Tenant <br /> unless a later date is set forth in Landlord's notice. <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 /> 11 <br />