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Leased Premises and,from time to time thereafter, at Landlord's request, certificates evidencing <br /> the existence and amounts of al! 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) Receipt by the Landlord or the Landlord's designee of any certificate or other <br /> insurance document showing less coverage than required is not a waiver of Tenant's obligations to fulfill <br /> the requirements of this Section. No statement on a third-party website (such as a Trustlayer) that a <br /> requirement is "waived" or"overridden" is a waiver of Tenant's obligations to fulfill the requirements of <br /> this Section. <br /> (e) Waiver of Subrogation. Tenant intends that its property loss risks shall be <br /> borne by reasonable insurance carriers to the extent above provided, and Tenant hereby agrees <br /> to look solely to, and seek recovery only from, its respective insurance carriers in the event of a <br /> property loss to the extent that such coverage is agreed to be provided hereunder. Tenant <br /> hereby waives all rights and claims for such losses, and waives all rights of subrogation of its <br /> respective insurers, provided such waiver of subrogation shall not affect the rights to the insured <br /> to recover thereunder. Tenant agrees that its respective insurance policies are now, or shall be, <br /> endorsed such that the waiver of subrogation shall not affect the right of the insured to recover <br /> thereunder, so long as no material additional premium is charged therefor. <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 (i)and (ii)of the previous <br /> sentence are not satisfied, then Landlord may elect, in its sole and absolute discretion,to either: <br /> (x) terminate this Lease or (y) restore the Leased Premises to substantially the same condition <br /> which existed prior to the damage and this Lease shall continue. Notice of Landlord's election <br /> shall be delivered to Tenant within ninety (90) days after the date Landlord receives written <br /> notice of the damage. Failure to deliver notice within the specified period shall be treated as an <br /> election not to restore. Tenant agrees to look to the provider of Tenant's insurance for coverage <br /> for the loss of Tenant's use of the Leased Premises and any other related losses or damages <br /> incurred by Tenant during any reconstruction period following a Casualty. <br /> 10 <br />