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10.2. SR 08-04-2014
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10.2. SR 08-04-2014
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, 1 <br /> 1 - <br /> otherwise, and Tenant agrees to look to insurance coverage only <br /> in the event of such loss. <br /> ARTICLE 9 . <br /> QUIET ENJOYMENT <br /> Landlord represents and warrants that: (a) it is the lawful <br /> owner of the Premises; (b) that it has the full right and power <br /> to make the Lease; (c) that if and so long as Tenant shall not be <br /> in default hereunder, Tenant shall quietly hold, occupy, and <br /> enjoy the Premises during all of the Term. <br /> ARTICLE 10. <br /> DESTRUCTION BY FIRE <br /> 10.1) Subject to the provisions of Article 10.4, if the <br /> Improvements, or. any portion thereof, are damaged or destroyed by <br /> fire or other casualty, however or by whomever caused, at the <br /> mutual agreement of the parties, Tenant shall repair, rebuild, <br /> and restore the same with due diligence and dispatch (subject to <br /> the approval of the holders of any mortgages on the Property) so <br /> that the Improvements will be restored to at least the same good <br /> order and condition as existed prior to damage or destruction. <br /> If more than twenty-five percent (25W) of the Premises is damaged <br /> or destroyed by tire or other casualty, Tenant shall have the <br /> option, in its sole discretion, to decline to rebuild the <br /> Premises. If Tenant so declines, this Lease shall terminate as <br /> of the date of such damage or destruction and Tenant shall remove <br /> the remaining Improvements and all debris thereon and sod the <br /> Premises, returning the Premises to the good and clean condition <br /> which existed prior to the construction of the Improvements on <br /> the Premises. If Tenant elects to repair the Premises, and if <br /> . such damage in the reasonable opinion of the Landlord renders the <br /> entire Premises unfit for Tenant 's normal business purposes, and <br /> Tenant by reason thereof discontinues business in the Premises, <br /> Base Rent shall be abated for a period during which no part of <br /> the Premises is fit for such business purposes and during which <br /> time Tenant discontinues business. If such damage renders only <br /> part of the Premises unfit for Tenant' s normal business purposes, <br /> Base Rent shall be apportioned on a square foot of Premises area <br /> basis and the proportion thereof applicable to each part of the <br /> Premises upon which Tenant discontinues its business operations <br /> shall be abated for the period during which such part is not fit <br /> for Tenant' s normal business purposes and during which Tenant <br /> discontinues such business operations. <br /> 10 .2) Tenant will repair and replace all improvements and <br /> betterments placed upon the Premises by it, and such repair and <br /> replacement shall be made at its own expense and not at the <br /> expense of Landlord. <br /> 10 .3) If Landlord and Tenant cannot mutually agree on whether <br /> the Premises is fit for Tenant ' s normal business purposes, such <br /> 7. <br />
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