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Casualty Damage, (ii) the Holder of any Security Instrument requires any insurance proceeds with respect to such Casualty Damage to be applied to
<br />the outstanding balance of the obligation secued by such Security Instrument, (ill) the cost of the Restoration is not fully covered by insurance
<br />proceeds available to Landlord and/or payments received by Landlord from tenants, (iv) Tenant shall be entitled to an abatement or Rent under this
<br />Section 13.1 for a period of time in excess of thirty-three percent (33%) of the remainder of the Term, or (v) such Casualty occurs during the lost
<br />eighteen (18) months orthe Term (disregarding Extension Terms, if any). Such right of termination shall be exercisable by Landlord by delivery of
<br />written notice to Tenant at any time following the Casualty until sixty (60) days following the later of: (A) delivery of the Damage Notice or (B)
<br />Landlord's discovery or determination of any orthe events described in clauses (i) through (v) oi'lhe preceding sentence, and shall be effective upon
<br />delivery of such notice of termination (or if Tenant has not vacated the Premises, thirty (30) days thereafter).
<br />13.1.3 Waiver. Landlord and Tenant agree that the provisions of this Section 13.1 and the remaining provisions of this Lease
<br />shall exclusively govern the rights and obligations of the parties with respect to any and all damage to, or destruction OF, all or any portion of the
<br />Premises or the Project, and Landlord and Tenant hereby waive and release each and all of their respective common law and statutory rights
<br />inconsistent herewith, whether now or hereinafter in effect (including,-wituutlfmdation,.,$ections 1932(2) and 1933(4) of the California Civil Code,
<br />as amended 6om time to time).
<br />13.2 Taking If the whole or a motdfjplporilm of the Premises, the Building ei•.the
<br />domain, or sold to prevent the exercise thereof (collectively,_ a `tTaking"), this Lease shall autor
<br />transfer of title resulting from such _T,aktg-of line date of transfer of possessioq.fusulting frorn�sm
<br />Taking of such portion of die Protect,,- the Building or (hP'lyt fils'es as" sha'1t, fh tlte'dpin(uni of
<br />operation thereof, Landlord iray,terminate this Le@so upon thirtyf(30) days varitten,nojica:10
<br />following die Taking Date.; IN portion of the 'premises is 'so taken airs dinstease is.not terrnIna
<br />and at Landlord's cost (to -the extent or,the ondenmation awaid`received'by Landlord), proceel
<br />covenants, conditions 'ansd` reatriadan5'Iheai applicable to the Project) the Premises (other
<br />Improvements that are not ,consiatepr:with then Building Standards) to a complete, functioningruj
<br />reduced proporuonafely tuned ontdui portion of the Premises so taken. Except" -as expressly prov
<br />for any Taking shall belong to Laddlord (without deduction for any estate or interest of Tenant);a
<br />pursue a separate award for dialogs of, or damage to, Tenant's Personal Property and Tenant's.
<br />(but Tenantshnll,not otherwise assert any claim against Landlord or die co)adamning author'it`
<br />Building or die Project (or any portion, �rereof) for alpetlod of less than tw6;(4tindred seventy i
<br />this Lease. or entitle Tenant to any abatement of the.F.ent payable,o Landlord under this leas
<br />Temporary Taking shall belong. to Tenant, but only to the gx.tdavdiat thq awnrd applies to rani
<br />Section 13.2 shall be Tenaril's•sote and exclusive vnnedy in Yhejla'eot of A Taking -j'SSd l party
<br />and 1265.150-cFthe Cal ifmmia Code of Civil Procedure and ale provisions of any Successor or ad
<br />+A�JJCLF 14—YNDE41NIFiCATTON ANDIN
<br />14A Waiveroff.,i
<br />all claims afid causes oration i
<br />limitation; less of profits, and int
<br />including; without Ilmitadpa to
<br />or disturbance, water, rain or sno
<br />sleet or sub -surface or front any
<br />hold harmless Landlord and earth
<br />attributable to: (a)the use or tier
<br />Party, (c) any default of this Lea
<br />shall not be required to so indem
<br />out of the gross negligence or wit
<br />14? Insmriuy. At all times t
<br />policies described in Ex hint `i aunched he
<br />"C". Landlord makes no representation that
<br />protect Tenant against Tenant's tuid't:gakings'
<br />under this Lease is insullicicnt, at its o4yu exp
<br />any
<br />I atl'all of the other- jnf
<br />,)'In any way relating to '
<br />ng plaster, steam, gas, air
<br />any part the Building or t
<br />I be taken under the power of eminent
<br />innate as of the earlier of the date of
<br />he "Taldng Date"). In the event of a
<br />ubstantially interfere with Landlord's
<br />n at any time within sixty (60) days
<br />idlord shall, with reasonable diligence
<br />(to the extent permitted by Laws and
<br />'s .Personal Property and Leasebold
<br />Base Rentpaysblehereunder shall be
<br />e hn this, eot on 3.2,Ahe entire award
<br />rant shall be entitled to independently
<br />sts directly associated with the Taking
<br />g a any portion of the Premises, the
<br />'Tcmpornry Taldng",)shall terminate
<br />iowevv, that any award for any such
<br />during the Term of this Lease. This
<br />a the provisions of Sections 1265.130
<br />7 import.
<br />antraryherein, Tenant hereby waives
<br />rmas or property (including, without
<br />Pyemiscs"from any cause whatsoever,
<br />ty,' electrical or electronic emanations
<br />t or plumbing works-orfrom the roof,
<br />. shall iildininify, defend, protect and
<br />are'octa'sioned by of are in any way
<br />or onnisaions of Tcatint or any Tenant
<br />in or other proceedings between Tenant and any Hurd party; provided that Tenant
<br />any of die other Landlord parties harmless to the extent that any such Claims arise
<br />igents'or employees.
<br />niS.Lease, Tenant Shall:::(0) procure aid maintain, at
<br />as
<br />of
<br />ease, the insurance
<br />set forth in Exhibit
<br />"a" is adequate to
<br />: coverage required
<br />14.3 11'ainer ol'Suhriiantin �Itltwlt slandiog any provision ol't is Article ld to the. Cudlr•t{ry, 'Landlord and Tenant intend that their
<br />respective properly, damage loss risks shall be bdrne"by dneir respective insurance carrierst6"the oxtent of the property damage insurance that each of
<br />Landlord and Tenant are required to carry under 13,34 bat `CT', an�.,excep( as expressly-"prtS'vitled atheiwise in this Lease, in the event of a property
<br />loss. each of Landlord and Tenant hereby agree to look'ablely for and seek recovery only from; their respective property damage insurance carriers to
<br />the extent thul such property loss is orn type that is covered by the property damage insurance it is required to carry under Exhibit "C". As long as
<br />such waivers or subrogation are reasonably available, each of the parties hereto hereby waives all of its rights and claims against each of the other
<br />parties hereto (or such losses. and provided such waiver of subrogation shall not affect the right of such party as the insured under its property
<br />damage policy (or policies) to recover thereunder, walves all of the rights of subrogation of its property damage insurers. The parties hereto further
<br />agree than, so long as uo material additional premium is charged therefore, their respective property insurance policies the now, or shall be, endorsed
<br />such that the foregoing waiver of subrogation shall not affect the right of the insured to recover thereunder.
<br />Aft"l 'LE li— EVENTS OF DPFALILTAND RFNI EDIES
<br />15.1 k;venls of Default tiv Tenant Tile occurrence of anv of the fullowing shall Constitute a n uCrlal del•Oult and breach or lh1.S
<br />Least: by Tenant (an "Event of Default'):
<br />801 Pi, Civic Leave .13-
<br />x�
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