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85a- .002916 <br />extent of payments made, from all contractors, subcontractors, <br />materialmen and suppliers have been received by Landlord; <br />34.4.3 Twenty -five percent (25 %) after <br />three - fourths (3/4) of the repair or reconstruction has been <br />completed and proof of partial payment to and partial lien <br />waivers, to the extent of payments made, from all contractors, <br />subcontractors, materialmen and suppliers have been received by <br />Landlord; and <br />34.4.4 Twenty -five percent (25'x) when the <br />repair or reconstruction has been completed and proof of final <br />payment to and full and final lien waivers from all contractors, <br />subcontractors, materialmen and supplier: have been received by <br />Landlord. <br />34.5 If there remains any surplus of insurance <br />proceeds after the completion of the repair or reconstruction of <br />the Demised Premises, such surplus shall belong to and be paid to <br />Landlord. <br />34.6 In any event during any time that Tenant is <br />unable to use and occupy the Demised Premises or any portion <br />thereof as a result of damage or destruction occurring without <br />fault of Tenant, or as a result of an:: repairs thereof, the rent <br />hereunder shall be suspended to the extent, and only to the <br />extent, of the proceeds of Tenant's, business interruption <br />insurance made available to Landlord. <br />34.7 Landlord sha11 have no liability whatsoever <br />with respect to any goods, fixtures, equipment or other personal <br />property of Tenant, nor shall Landlord have any liability for <br />loss of revenues or income resulting from fire or other casualty. <br />35. Condemnation: <br />35.1 If during the term of this Lease, the whole_ <br />of the Demised Promises is taken or condemned by any competent <br />public or quasi- public authority, this Lease shall, at the date <br />of such taking, terminate, and current rent shall be prorated as <br />of the date of such termination. <br />35.2 If during the term of this Lease, a portion <br />of the Demised Premises is taken or condemned and it is not <br />practical or economical for Tenant to retain and operate the <br />remainder in accordance with this Lease, then Tenant may, at <br />Tenant's election, made within thirty (30) days of such taking or <br />condemnation, terminate this Lease, and current rent shall be <br />prorated as of the date of such termination. <br />-15- <br />U <br />