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months or less from the date of the damage or destruction and/or the cost thereof exceeds a sum equal to 6 month's Base Rent. Lessor <br />shall notify Lessee in writing within 30 days from the date of the damage or destruction as to whether or not the dmnage Is Partial or <br />Total ` <br />-- - .�- _(c) "insured Loss" shall mean damageordes ruction to improvements on the Premises, other than <br />Lessee Owned Alterations and Utility Installations and Trade Fixtures, which was caused by an event required to be covered by the <br />insurance described in Paragraph 83(a). irrespective of any deductible amounu or coverage limits involved. <br />(d) "Replacement Cost" shall mean the cost to repair or rebuild the improvements owned by Lessor at <br />the time of the occurrence to their condition existing immediately prior thereto, including demolition, debris removal and upgrading <br />required by the operation o1Applicable Requirements, and without deduction for depreciation. <br />(e} "Hazardous Substance Condition' shall mean th. occurrence or discovery of a condition <br />invalvins t,c prose r.ce ol', or u curta��ination by. a tlnzardous Substance, in. on. ur u_nder the Pr�m!ses or Common A;ea� which requires <br />restoration. <br />9.2 Partial Darnage - Insured Loss. II a Premises Partial Damage that is an Insured Loss occurs. then Lessor shall, at <br />Lessor's expense, repair such damage (but not Lessee's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as <br />reasonably possible and this Lease shall continue in full lance and el'I'ect. Notwithstanding the Ioregoing, if the required insurance was <br />not in force or the insurance proceeds are not sufficient to affect such repair, the Insuring Party shall promptly contribute the shortage <br />in proceeds as and when required to complete said repairs. In the event, however, such shortage was due to the fact that, by reason or <br />the unique nature of the improvements, pull Replacement Cost insurance coverage was not commercially reasonable and available, <br />Lessor shall have no obligation to pay For the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless <br />Lessee provides Lessor with the funds to cover same, or adequate assurance thereof', within 10 days following receipt of written notice <br />of such shortage and request therefor. II' Lessor receives said funds or adequate assurance thereof within said 10 day period, the party <br />responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall remain in full lorce and <br />eprect. 11'such lands or assurance are not received, Lessor may nevertheless elect by written notice to Lessee within 10 days thereafter <br />Lo: (i) make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this <br />Lease shall remain in full force and effect, or (ii) have this Lease terminate 30 days thereafter. Lessee shall not he entitled to <br />reimbursement of any runds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or <br />earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any <br />such insurance shall be made available for the repairs if made by either Party. <br />9.3 Partial Damage • Uninsured Loss. If a Premises Partial Damage that is not an Insured Loss occurs, unless caused <br />by a grossly negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), Lessor may either: (i) <br />repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, <br />or (ii) terminate this Lease by giving written notice to Lessee within 30 days after receipt by Lessor of knowledge ot'the occurrence of <br />such damage. Such termination shall he effective 60 days following the date of such notice. In the event Lessor elects to terminate this <br />Lease, Lessee shall have the right within 10 days after receipt of the termination notice to give written notice to Lessor of Lessee's <br />commitment to pay for the repair or such damage without reimbursement from Lessor. Lessee shall provide Lessor with said funds or <br />satisfactory assurance thereof" within 30 days after making such commitment. In such event this Lease shall continue in full force and <br />effect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the required funds are made available to <br />Lessor. If Lessee does not make the required commitment, this Lease shelf terminate as or the date specified in the termination notice. <br />9.4 Total Destruction. NOLwlthstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease <br />shall terminate 60 days following such Destruction. It' the damage or destruction was caused by the gross negligence or willful <br />misconduct of Lessee, Lessor shall have the right to recover Lessor's damages From Lessee, except as provided in Paragraph 8.6. <br />9.5 Damage Near End of Term, Vat any time during the last 12 months of this Lease there is damage for which the cost <br />to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease efrective as of the date of <br />occurrence of such damage by giving a written termination notice to Lessee within 90 days after the date oroceurrence of such damage. <br />Notwithstanding the Foregoing, if Lessee at that time has an exercisable option to extend this Lease and the damage Is an Insured Loss, <br />then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds <br />(or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee's receipt <br />of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. IP Lessee <br />duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in <br />insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and <br />this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such <br />period, or if the damage is not an Insured Loss, then this Lease shall terminate on the date specified in the termination notice and Lessee's <br />option shall be extinguished. <br />9.6 Damage to Shopping Center. In the event or any damage or destruction to other portions of' the Building or to any <br />other buildings in the Shopping Center, whether insured or uninsured (and whether or not there is also damage or destruction to the <br />Premises), which cannot reasonably be repaired in 12 months or less From the date of the damage or destruction, Lessor may either (i) <br />repair such damage or destruction as soon as reasonably possible without expense to Lessee, in which event this Lease shall continue in <br />12 <br />