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79002203
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Last modified
1/12/2010 10:01:26 PM
Creation date
1/12/2010 10:01:05 PM
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DEEDS
Inst Number
79002203
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<br /> <br />destruction there 1s substantial interference with the operatioa of Lessee's <br />business in the leased premises, having regard to the extent to which Lessee <br />may be required to discontinue its business in the leased premises, and such <br />abat:zment shall continue for the period coma~ncing with such damage or de- <br />struction and ending with a substantial completion by Lessors of the work <br />of repair and reconstruction which Lessors are obligated or undertakes to do. <br />If continuation of business is not practical, all rentals due and payable <br />hereunder shall abate until reconstruction is substantially completed or until <br />business is totally or partially resumed, which ever is the earlier. There <br />shall be no recapture of abated rentals upon reconstruction or repair of the <br />leased premises and full resumption of business by Lessee or its sub-lessee. <br />(c) Excessive Damage or Destruction: In the event that the leased premises <br />are damaged or destroyed to the extent that it appears the same cannot be fully <br />repaired or restored by Lessors within a period of ninety (90) working days after <br />such damage or destruction, Lessee shall have the option to terminate this Lease. <br />Le93or9 shall have the right to determine whether the leased premises can be fully <br />repaired or restored within the ninety (90) days period, and such determination <br />-shall be conclusive upon the Lessee. Lessors shall notify Lessee of their <br />determination, in writing, within thirty (30) days after the date of such damage <br />or destructicn and Lessee may withir, ten (10) days thereafter give natlce to the <br />other party of termination of this Lease. If no such notice is given, or if <br />Lessors determine that such premises can be fully repaired or restored within <br />the 90-day period, then this Lease shall remain in full force and effect and <br />Lessors shall diligently repair and reatoze the said damage. <br />(d) Disposition of Insurance Proceeds: Any insurance proceeds awarded or <br />paid by reason of damage to or destruction of signs, trade fixtures, equipment or <br />any property owned by Lessee hereunder sha12 be paid to Lessee. If this Lease is <br />terminated by reason of damage or destruction of the leased premises, then subject <br />to the rights of any mortgagee under any mortgage placed upon the leased premises <br />by Lessors, the Lessors snail receive all other insurance proceeds. If this Lease <br />-8- <br />
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