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the existence and amounts of all such policies and copies of such insurance policies. There shall <br /> be no deductible amount applicable with respect to the Tenant's policy of commercial general <br /> liability insurance, unless approved in advance by Landlord in writing. Deductibles for Tenant's <br /> "special form" property insurance shall be commercially reasonable and customary. There shall <br /> 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 by Tenant to 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 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 to terminate and not to restore. Tenant agrees to look to the provider of Tenant's <br /> insurance for coverage for the loss of Tenant's use of the Leased Premises and any other related <br /> 11 <br />