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9 <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 />(b) If the Building is damaged by Casualty and more than fifty percent (50%) <br />of the Building is rendered untenantable, without regard to whether the Leased Premises are <br />affected by such damage, Landlord may, in its absolute discretion, elect to terminate this Lease <br />by notice in writing to Tenant within thirty (30) days after the date Landlord receives written <br />notice of the damage. Such notice shall be effective twenty (20) days after delivery to Tenant <br />unless a later date is set forth in Landlord’s notice. <br />18. CONDEMNATION. If the property or any part thereof wherein the Leased <br />Premises are located shall be taken by public or quasi-public authority under any power of <br />eminent domain or condemnation, this Lease, at the option of Landlord shall terminate and <br />Tenant shall have no claim or interest in or to any award of damages for such taking. In the case <br />of a taking of a part of the Leased Premises or a portion of the Building not required for Tenant’s <br />reasonable use of the Leased Premises, this Lease shall continue in full force and effect and the <br />Base Rent shall be equitably reduced based on the proportion by which the floor area of the <br />Leased Premises is reduced, such reduction in Base Rent to be effective as of the date the physical <br />taking occurs. Landlord reserves all rights to damages or awards for any taking by eminent <br />domain relating to the Leased Premises, the Building and the real property upon which the <br />Building is situated, and the unexpired term of this Lease. Tenant assigns to Landlord an y right <br />Tenant may have to such damages or award and Tenant shall make no claim against Landlord for <br />damages for termination of its leasehold interest or interference with Tenant’s business. Tenant <br />shall have the right, however, to claim and recover from the condemning authority compensation <br />for any loss to which Tenant may be entitled for Tenant’s moving expenses or other relocation <br />costs if they are awarded separately to Tenant in the eminent domain proceedings and do not <br />reduce the damages or award to Landlord.