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<br />4894-6811-3695v.2 0017787-000542
<br />4894-6811-3695v.2 0017787-000542
<br />approval). Tenant shall perform all work authorized by this Section at its sole cost and expense,
<br />including, without limitation, with insurance proceeds approved for such use in accordance with
<br />Article VII, if any, and in compliance with all applicable Laws in all material respects.
<br />6.4 Requirements of Governmental Agencies. At all times during the Term of this Lease,
<br />Tenant, at Tenant’s sole cost and expense, shall: (i) make all alterations, improvements, demolitions,
<br />additions or repairs to the Premises and/or the Improvements required to be made by any law,
<br />ordinance, statute, order or regulation now or hereafter made or issued by any federal, state, county,
<br />local or other governmental agency or entity; (ii) observe and comply in all material respects with all
<br />Laws now or hereafter made or issued respecting the Premises and/or the Improvements (subject to
<br />Tenant’s right to contest such Laws in accordance with Section 4.4); (iv) indemnify, defend and hold
<br />County, Agency, the Premises and the Improvements free and harmless from any and all liability,
<br />loss, damages, fines, penalties, claims and actions resulting from Tenant’s failure to comply with and
<br />perform the requirements of this Article VI.
<br />6.5 Lessor Obligations. Tenant specifically acknowledges and agrees that County, Agency
<br />and Lessor Parties do not and shall not have any obligations with respect to the maintenance,
<br />alteration, improvement, demolition, replacement, addition or repair of any Improvements.
<br />6.6 Lessor Reservations. Without limiting Lessor’s rights with respect to the Premises,
<br />Lessor reserves for themselves, their successors and assigns those rights necessary to assure proper
<br />maintenance and operation of the Premises and to permit any steps to be taken which the Lessor
<br />deems necessary or desirable to maintain, repair, improve, modify or reconstruct th e Premises. The
<br />rights reserved to Lessor in this section or any other section of this Lease shall be exercised by the
<br />Lessor at their sole discretion, unless otherwise provided herein.
<br />
<br />
<br />ARTICLE VII
<br />DAMAGE AND RESTORATION
<br />
<br />7.1 Damage and Restoration. In the event the whole or any part of the Improvements shall
<br />be damaged or destroyed by fire or other casualty, damage or action of the elements which is fully
<br />covered by insurance required to be carried by Tenant pursuant to this Lease or in fact caused by
<br />Tenant, at any time during the Term, Tenant shall with all due diligence, at Tenant’s sole cost and
<br />expense, repair, restore and rebuild the Improvements on substantially the same plan and design as
<br />existed immediately prior to such damage or destruction and to substantially the same condition that
<br />existed immediately prior to such damage, with any changes made by Tenant to comply with then
<br />applicable Laws and with any upgrades or improvements that Tenant may determine in its reasonable
<br />discretion. If Tenant desires to change the use of the Premises following such casualty, then Tenant
<br />may make appropriate changes to the Premises to accommodate such changed use after approval of
<br />such change of use by the Lessor pursuant to Article IV above. This Article shall not apply to
<br />cosmetic damage or alterations. In the event that Tenant shall determine, subject to the rights of the
<br />Leasehold Mortgagees and Limited Partner, if applicable, by notice to the Lessor given by the later
<br />of ninety (90) days after the date of the damage or destruction or thirty (30) days after receipt by
<br />Tenant of any such insurance proceeds, that there are not adequate proceeds to restore the
<br />Improvements and/or the Premises to substantially the same condition in which they existed prior to
<br />EXHIBIT 11
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