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Lease shall not terminate. However,the Property shall not be deemed untenantable if less than
<br /> twenty five percent(25%)of the Property is damaged.Tenant shall have no obligation to restore
<br /> the Property if insurance proceeds are not available to pay the entire cost of such restoration. If
<br /> insurance proceeds are available to Tenant but are not sufficient to pay the entire cost of
<br /> restoring the Property, then Tenant may elect to terminate this Lease and keep the insurance
<br /> proceeds, by notifying the Landlord within two (2) weeks of the date of such casualty. The
<br /> parties acknowledge and agree that since the Tenant is paying for the insurance premiums for
<br /> the Property, in the event there is a claim made pursuant to any insurance policy associated with
<br /> the Property, Tenant shall be entitled to receive and keep one-hundred (100%) percent of any
<br /> and all insurance proceeds and the Landlord shall have no right to any of these insurance
<br /> proceeds and Landlord shall have nothing to do with same.
<br /> If the Property is entirely destroyed, or partially damaged and rendered untenantable, by fire or
<br /> other casualty, Tenant may, at its option: (a) terminate this Lease as provided herein, or (b)
<br /> restore the Property to its previous condition. Tenant shall provide Landlord of its election
<br /> hereunder within sixty (60)days of the date of such casualty.
<br /> Provided the parties comply with the obligations under this Section, neither party shall be
<br /> entitled to any damages, compensation or claim shall be payable for inconvenience, loss of
<br /> business or annoyance directly, incidentally or consequentially arising from any repair or
<br /> restoration of any portion of the Property. Landlord will not carry insurance of any kind for the
<br /> protection of Tenant or any improvements paid for by Tenant or on Tenant's furniture or on any
<br /> fixtures, equipment, improvements or appurtenances of Tenant under this Lease, and Landlord
<br /> shall not be obligated to repair any damage thereto or replace the same.
<br /> 15. Liability Insurance. During the Lease term, Tenant shall pay for and maintain
<br /> commercial general liability insurance with broad form property damage and contractual
<br /> liability endorsements. This policy shall name Landlord as an additional insured, and shall
<br /> insure Tenant's activities and those of Tenant's employees, officers, contractors, licensees,
<br /> agents,servants,employees,guests, invitees or visitors with respect to the Property against loss,
<br /> damage or liability for personal injury or bodily injury (including death) or loss or damage to
<br /> property with a combined single limit of not less than one million dollars ($1,000,000.00) .
<br /> Tenant's insurance will be primary and noncontributory with any liability insurance carried by
<br /> Landlord. The Tenant shall also maintain an umbrella policy providing excess limits over
<br /> the primary policies described herein, in an amount not less than two million
<br /> dollars($2,000,000.00).
<br /> 16. Indemnification. Tenant shall defend, indemnify, and hold Landlord, including its
<br /> officers, employees and agents harmless against all liabilities, damages, costs, and expenses,
<br /> including attorneys'fees,for personal injury,bodily injury(including death)or property damage
<br /> arising from any negligent or wrongful act or omission of Tenant or Tenant's officers,
<br /> contractors, licensees,tenants, lessees, agents, servants, employees, guests, invitees, or visitors
<br /> on or around the Property, or arising from any breach of this Lease by Tenant. Tenant shall use
<br /> legal counsel reasonably acceptable to Landlord in defense of any action within Tenant's defense
<br /> obligation. The provisions of this Section 16 shall survive expiration or termination of this
<br /> Lease.
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