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In <br />I 1 i ;+ <br />33.2 The existing signs installed in or upon the <br />Demised Premises as of the date of this Lease are approved by <br />Landlord. <br />33.3 Upon expiration or termination of this Lease, <br />Tenant hereby consents to the use by Landlord, at Landlord's <br />election, of the name of the Demised Premises, and Tenant hereby <br />presently assigns to Landlord the right, title and interest of <br />Tenant-in the name of the Demised Premises, provided that as long <br />as Tenant is not in default hereunder and /or until the expiration <br />or termination of this Lease, Landlord consents to Tenant's use <br />thereof. The name of the Demised Premises shall not be changed <br />without Landlord's prior consent. <br />34. Damage by Fire or Other Casualty: <br />34.1 In the event of the damage or destruction of <br />the Demised Premises, Tenant shall forthwith repair or <br />reconstruct the same to a like or better condition than existed <br />prior to such damage or destruction. The net insurance proceeds <br />payable to Landlord and /or Tenant shall be used for the repair or <br />reconstruction of the Demised Premises. <br />34.2 The repair or reconstruction of the Demised <br />Premises shall be effected in accordance with Paragraph 10, <br />above. <br />34.3 In the event the damage or destruction of <br />the Demised Premises is covered by the insurance Tenant is <br />required to carry pursuant to Paragraph 4.1.Z, above, Landlord <br />and Landlord's mortgagees) under any mortgage(s) against the <br />Demised Premises may, but shall not be required to, negotiate the <br />insurance award with the insurer. <br />34.4 At the election of Landlord, or the <br />mortgagee(s) under any mortgage(s) against the Demised Premises, <br />the insurance proceeds shall not be payable to Tenant but shall <br />instead be deposited in escrow with a bank or other financial <br />institution selected by Landlord, with the funds released to <br />Tenant as follows: <br />34.4.1 Twenty -five <br />one - fourth (1/4) of the repair or re <br />completed and proof of partial payment <br />waivers, to the extent of payments made, <br />subcontractors, materialmen and suppliers <br />Landlord; <br />percent (25 %) after <br />construction has been <br />to and partial lien <br />from all contractors, <br />have been received by <br />34.4.2 Twenty -five percent (25 %) after <br />one -half (1/2) of the repair or reconstruction has been completed <br />and proof of partial payment to and partial lien waivers, to the <br />-14- <br />9 <br />1 <br />i <br />