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Exhibit A to Lease Assignment and Assumption <br />Landlord of this election within thirty (30) days after receiving notice that Landlord intends to <br />exercise its option to terminate the Lease. If the exact amount of the above -described differential <br />is unknown, Tenant shall pay Landlord upon determination of the exact amount of the actual <br />differential. <br />Notwithstanding any other provision in this Section 11, if damage to the Premises is <br />caused by Tenant, and such damage is not subject to waiver of subrogation under Section 10.4, <br />then Tenant shall be responsible for repair, and rent shall not abate during the repair period. <br />Further, Landlord shall not be responsible to repair damage to improvements constructed or <br />installed by Tenant, nor shall Landlord be responsible for repairs caused by fixtures or <br />improvements installed or constructed by Tenant, except to the extent of available insurance <br />proceeds. Tenant shall also be responsible for any insurance deductible or co -pay amount <br />incurred with respect to casualty repairs, except where Landlord would have repair responsibility <br />under this Section 11. <br />11.3 Abatement of Rent. <br />11.3.1 If the Premises are destroyed or damaged and Landlord repairs or <br />restores them under this Section I I , Tenant shall continue the operation of its business in the <br />Premises to the extent reasonably practicable, and the rent payable hereunder for the period <br />during which such damage, repair or restoration continues shall be abated in proportion to the <br />portion of usable Premises square footage compared to the total Premises square footage. Tenant <br />shall have no claim against Landlord for any damage suffered by Tenant by reason of such <br />damage, destruction, repair or restoration. <br />11.3.2 If Landlord shall be obligated to repair or restore the Premises <br />under this Section 11.3 and shall not commence such repair or restoration within sixty (60) days <br />after such obligation shall accrue, or complete repair or restoration within one hundred twenty <br />(120) days after such obligation shall accrue, Tenant may at its option cancel this Lease as of the <br />date of occurrence of such damage by giving landlord notice of its election to do so at any time <br />prior to the commencement of such repair or restoration, or completion of such repair or <br />restoration, and/or sue for damages caused Tenant by Landlord's breach, and/or obtain an order <br />specifically enforcing Landlord's obligations to repair and restore. All of said remedies shall be <br />cumulative. <br />11.4 Definition of "Substantial." "Substantial" damage to the Premises shall <br />mean damage to the Premises for which the estimated cost of repair exceeds twenty-five percent <br />(25%) of the then estimated replacement cost of the improvements to the Premises, or uninsured <br />or under insured damage exceeds five (5) months of rent in effect, as of the date of the damage. <br />The good faith determination by Landlord of the estimated costs of repair and replacement shall <br />be prima facie evidence for the purpose of this Section 11. <br />12. Assignment and Subletting. Tenant shall not either voluntarily or by operation <br />of law assign, sell, or otherwise transfer this Lease or any of Tenant's rights hereunder, or sublet <br />the Premises or any portion thereof, without Landlord's prior written consent in each instance, <br />8 <br />Initial <br />