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direct and indirect (including but not limited to overhead charges, contractors' fees, architects' <br /> fees, engineers' fees, payroll and social security charges, and taxes) so as to fully complete the <br /> repairing, restoring, and rebuilding of said structure or improvement. All such work shall be <br /> carried out in accordance with plans and specifications prepared by a licensed architect and/or <br /> engineer, if such an architect or engineer is reasonably required given the scope and nature of the <br /> work. No material extras or material changes in the plans and specifications shall be made by <br /> Lessee without first: (a) giving written notice of such changes to Lessor; (b) depositing <br /> additional funds (or secured assurances that such funds will be available when needed) sufficient <br /> to pay for such extras or charges as certified by said architect and/or engineer; and (c) as to any <br /> such changes that, together with all other changes theretofore made, involve over Two Hundred <br /> Fifty Thousand Dollars ($250,000) (adjusted every fifth (5th) anniversary of the Lease Term as <br /> provided in Section 7.4), or as to any change that materially affects the exterior of the Regional <br /> Center or the quality of the Premises, obtaining the written consent of Lessor(which consent <br /> shall not be unreasonably withheld). In the event of such repair, restoration, or rebuilding, the <br /> funds derived from the insurance with respect to the damage shall be made available to Lessee <br /> from the Joint Account as the work progresses and is certified as acceptable by said architect on <br /> a monthly basis, such funds to be made available to pay for work and materials to the extent <br /> completed and delivered (calculated on the basis of the percentage of the total work and <br /> materials to be completed and delivered). The Lessor shall require Lessee to supply evidence of <br /> application of funds and payment for all labor and material entering into such construction. <br /> 7.1.2 Damage Greater Than Twenty-Five Percent of Replacement Cost. <br /> If(a) the cost of repairing or reconstructing said damage or destruction to its former condition <br /> and form is in excess of the twenty-five percent (25%)provided in Section 7.1.1, or(b) such cost <br /> is less than twenty-five percent (25%)but funds in excess of the Maximum Lessee Required <br /> Contribution would be required to be deposited by Lessee to effect the repairs or reconstruction <br /> described in Section 7.1.1, or if the terms of outstanding Permitted Debt do not permit the <br /> proceeds to be used to effect such repairs or reconstruction pursuant to an applicable Permitted <br /> Mortgage, or(c) such reconstruction or rebuilding cannot be made under then existing laws, <br /> ordinances, statutes, or regulations of any governmental authority applicable thereto (and cannot <br /> be so made with minor and nonmaterial changes to the former condition and form of the property <br /> damaged or destroyed or with such other change as may be proposed by Lessee that do not <br /> detract from the value of the improvements and that are approved by Lessor, acting reasonably), <br /> and, in any such event,the parties hereto are unable during a period of ninety(90) days after the <br /> determination of the insurance appraiser with respect to such damage or destruction to agree in <br /> writing on a construction program; then the Term shall end as of the date of such damage or <br /> destruction and any unutilized insurance proceeds shall be distributed in accordance with <br /> Section 7.1.1 hereof. Notwithstanding the foregoing, if such reconstruction or rebuilding can be <br /> made under such existing laws, ordinances, statutes, and regulations (or can be so made with <br /> minor and nonmaterial changes to the former condition and form of the property damaged or <br /> destroyed),but either(a) the cost of so repairing or reconstructing such damage or destruction is <br /> in excess of the twenty-five percent (25%)provided for in Section 7.1.1 or(b) such cost is less <br /> than twenty-five percent (25%)but funds in excess of the Maximum Required Lessee <br /> Contribution would be required to be deposited by Lessee to effect the repairs or reconstruction <br /> described in Section 7.1.1, then Lessee shall have the absolute right to treat such damage as <br /> 13 <br /> GROUND LEASE COE--EPFD <br />