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,' � ,i <br />� � <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 ma.ke 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 diligenee 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 (25�) of the Premises is damaged <br />or destroyed by fire 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 na part of <br />the Premises is fit for such business purposes and during which <br />time Tenant discantinues business. If such da.mage renders anly <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 sueh repair and <br />replacement shall be made at its own expen.se 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 />