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9. Damage or Destruction.
<br />9.1 Definitions.
<br />(a) "Premises Partial Damage" shall mean damage or dostntction to the improvements on the
<br />Premises, other than Lessee Owned Alterations and Utility installations, which can reasonably be repaired in 6 months or less from the
<br />date of the damage or destruction, and the cost thereof does not exceed a sum equal to 6 month's Base Rent. Lessor shall notify Lessee
<br />in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or Total.
<br />(b) "Premises Total Destruction" shall mean damage or destruction to the improvements on the
<br />Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which cannot reasonably be repaired in 6
<br />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 damage is Partial or
<br />Total.
<br />(c) "Insured Loss" shall mean damage or destruction 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 amounts or coverage limits involved.
<br />(d) "Replacement Cost" shall mean the cost to repair or rebuild the improvements owned by Lessor
<br />at the time of the occurrence to their condition existing immediately prior thereto, including demolition, debris removal and upgrading
<br />required by the operation of Applicable Requirements, and without deduction for depreciation.
<br />(e) "Hazardous Substance Condition" shall mean the occurrence or discovery of it condition
<br />involving the presence of, or a contamination by, a Hazardous Substance, in, on, or under the Premises or Common Areas which
<br />requires restoration.
<br />9.2 Partial Damage - Insured Loss, I£ 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
<br />as reasonably possible and this Lease shall continue in full force and effect. Notwithstanding the foregoing, if the required insurance
<br />was not in force or the insurance proceeds are not sufficient to affect such repair, the Insuring Party shall promptly contribute the
<br />shortage in proceeds as and when required to complete said repairs. In the event, however, such shortage was due to the fact that, by
<br />reason of the unique nature of the improvements, full Replacement Cost insurance coverage was not commercially reasonable and
<br />available, Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the
<br />Premises unless Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within 10 days following receipt
<br />of written notice of such shortage and request therefor. If Lessor receives said finds or adequate assurance thereof within said 10 day
<br />period, the party responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall remain in
<br />full force and effect. If such funds or assurance are not received, Lessor may nevertheless elect by written notice to Lessee within 10
<br />days thereafter to: (i) make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in
<br />which case this Lease shall remain in full force and effect, or (it) have this Lease terminate 30 days thereafter, Lessee shall not be
<br />entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Promises Partial Damage. due
<br />to flood or earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net
<br />proceeds of any 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:
<br />(i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and
<br />effect, or (ii) terminate this Lease by giving written notice to Lessee within 30 days after receipt by Lessor of knowledge of the
<br />occurrence of such damage. Such termination shall be effective 60 days following the date of such notice. In the event Lessor elects to
<br />terminate this Lease, Lessee shall have the right within l0 days after receipt of the termination notice to give written notice to Lessor
<br />of Lessee's commitment to pay for the repair of such damage without reimbursement from Lessor. Lessee shall provide Lessor with
<br />said funds or satisfactory assurance thereof within 30 days after malting such commitment. In such event this Lease shall continue in
<br />full force and effect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the required funds are made
<br />available to Lessor. If Lessee does not make the required commitment, this Lease shall terminate as of the date specified in the
<br />termination notice.
<br />9.4 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease
<br />shall terminate 60 days following such Destruction. If 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. If at any time during the last 12 months of this Lease there is damage for which the
<br />cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective as of the date
<br />of occurrence of such damage by giving a written termination notice to Lessee within 90 days after the date of occurrence of such
<br />damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease and the damage is an
<br />Insured Loss, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in
<br />insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days
<br />after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such
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