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Exhibit A to Lease Assignment and Assumption <br />on or about the Premises by Tenant, or by any of Tenant's agents, employees, representatives or <br />invitees. <br />10.6 Indemnity b Landlord. Except for any act, omission fault or negligence <br />of Tenant or Tenant's agents, employees, representatives or invitees, but subject to the provisions <br />of Paragraph 10.4 hereinabove, Landlord shall indemnify and hold harmless Tenant from and <br />against any and all claims arising from any breach of or default in the performance of any <br />obligation of Landlord's part to be performed under the terms of this Lease, and from claims by <br />third parties arising out of Landlord's ownership, use and maintenance of the real property; and, <br />subject to the provisions of Paragraph 10.4, Landlord shall further indemnify and hold harmless <br />Tenant from and against any act or negligence of Landlord, or any of Landlord's officers, agents, <br />contractors, licensees, or employees, and from and against all costs, attorney's fees, expenses and <br />liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; <br />and, in case any action or proceeding be brought against Tenant by reason of any such claim, <br />Landlord, upon written notice from Tenant, shall defend the same at Landlord's expense. <br />11. Reconstruction and Restoration. <br />11.1 Minor Dania?-ke. If during the term hereof, the Premises are damaged by <br />fire or other perils covered by the fire and extended coverage insurance on the Premises, and <br />such damage is not "substantial," Landlord shall promptly repair such damage, at Landlord's <br />expense, after the application of all insurance proceeds, and this Lease shall continue in full force <br />and effect. <br />11.2 Substantial Damage. If during the term hereof, the Premises are <br />destroyed or damaged by fire or other perils covered by the insurance, and if such damage is <br />"substantial," or if damaged by an uninsured peril where the estimated cost of repair exceeds five <br />(5) months of rent as defined in Section 3.1, Landlord may at its option either (a) promptly repair <br />such damage at Landlord's expense, in which event this Lease shall continue in full force and <br />effect, or (b) cancel this Lease as of the date of such damage, by giving Tenant written notice of <br />its election within thirty (30) days after the date Tenant notifies Landlord of such damage. If <br />Landlord shall elect option (a), Landlord shall include in the notice a good faith estimate of the <br />time Landlord expects to complete such repairs. If the estimated completion date for the repairs <br />is more than one hundred twenty (120) days alter the date Tenant notifies Landlord of such <br />damage, Tenant shall have an option to cancel this Lease as of the date of the occurrence of such <br />damage by giving Landlord written notice of its election to do so within twenty (20) days after <br />the date Tenant receives the notice from Landlord as to the expected date of completion of the <br />repair work. <br />If Landlord shall elect option (b) based on an uninsured peril where the estimated cost of <br />repair exceeds five months' base rental, then Landlord shall provide Tenant with the estimated <br />cost of repair. Further, notwithstanding the above, Tenant shall have the option of continuing the <br />Lease in full force and effect by agreeing to pay the differential between the actual cost of repairs <br />in excess of five (5) months' rental, and the insurance proceeds available to repair. This sum <br />shall be payable to Landlord by Tenant upon completion of the repairs. Tenant must notify <br />7 <br />Initial <br />lnitial <br />