4929 EVERGREEN WAY 911 DRIVING SCHOOL 2016-01-01 MF Import

� colleciible insurance, and onl;� to the extent that such insurance applies, and not in excess of the amount collectible from such insurance. The waiver shall not apply ro damages in excess of the amount collectible from sucU insurance. Permission to grant this waiver is to be included in the provisions oFthe insurance policies now carried by both Landlord and Tenant. The continuation of this mutual waiver of subrogation is subject to the insurance continuing to grant this option on renewa] policies. 11.5 Indemnification of Landlord. Landlord shall not ba�caulsef whicl lat any injury to persons or damage to property, in or about the Premises, from any time may be suffered by Tenant or by its invitees or employees or agents, except to the extent said damage is caused by the willful misconduct of Landlord, its agents or employees. 'I'he Tenant a��ees to indemnify and save Landlord, its employees and its agents, harmless from any and all claims and expenses, including reasonable attorney's fees and costs, and litigation-related cxpenses arising out of said injury or damage,however occurring> on or about the Premises. 12, RECONSTRUCTION AND RESTORATIOl�. 12.1 Minor��• If during the term ]�creof, the Premises are damaged by fire or other perils covered by the fire and extended coverage insurance on the Premises, and such damage is not "substantial," Landlord shall promptly repair such damage ai Landlord's cxpense after tlie application of all insuruice proceeds, and this Lease shall continue in full force and effcct. 12.2 Substa�maQe. If during the term hereof the Premises are destroyed or damaged by fire or other penis covered by the insurance, and if such damage is "suUstantial;' or if damaged by an uninsured peri] �vhere the estimated cost of reparo��`lea efa r (5) months rental as defined in Section 3.1, Landlord may at its option either (a) p p Y P such damage at Landlord's expense, in which event this Lease sh'lincoTenant wn ten notice of effect, or (b) cancel this Lease as of tl�e date of such damage, by g � its election within thirty (30) a Land ordtshalainclude nn d�e�noti eaa go d fa th esdmate of the Landlord shall elect option (a), time Landlord expects to completc such repairs. If the estimated completion date for the repairs is more th�n 180 days after the date Tenant notifies Landlord of such damage, Tenanps��andlord an option� cancel this Lease as of the date of the occurrence of such damage by gi S written notice of its election to do so within t�venty (20) days after the date Tenant receives the notice from Landlord as to die expected date of completion of the repair work. Notwid�sta�iding any other provision in diis Section 12, if damage to the Premises is caused by Tenant, and such damage is not subject to waiver of subrogation under Section 11.A, then Tenant shall be responsible for repair and rent shall not abate during the repair period. g�}��, Landlord shall not be responsible to repair d�mage to improvements constructed or installed by Tenant, nor shall Landlord be responsible for repairs caused by fixtures or improvements installed or constructed by Tenant, except to die extent of available insurance proceeds. In the evcnt that any such damlge is insured against,Tenant shail be responsible for any decluctible or co-pay vnount. 7 I.SCHR[IUER CO\1MCRCIAL LEASc