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9. Damage by Fire or Other Casualty. <br />7.1 Obligations to Rebuild. If any portion of the Leased Premises is damaged or <br />destroyed by fire or other casualty, Lessee shall forthwith give notice thereof to Lessor. Lessee <br />shall obtain a cost estimate from a licensed architect or contractor approved by Lessor for such <br />repair, restoration, rebuilding or replacement, and Lessee shall, at its sole costs and expense, <br />promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures or <br />equipment, and complete the same as soon as reasonably possible, to the condition They were in <br />prior to such damage or desti action, except for such changes in design or materials as may then <br />be required by law. In such event, Lessor shall, to the extent and at the times the proceeds of the <br />insurance are made available to Lessor, and only so long as Lessee shall not be in default under <br />this Lease, deliver such funds to Lessee for making such repairs, restoration, rebuilding and <br />replacements, <br />7.2 Minor Damage. If the Leased Premises or any part of it shall be damaged <br />by fixe, the elements, or other casualty but not rendered reasonably unleaseable or unusable, Rent <br />shall continue unabated. The Premises shall be repaired and restored promptly to the condition <br />they were in prior to such casualty, and to the extent that such damage is covered by Lessee's <br />insurance, the proceeds shall be used to make the necessary repairs. <br />7.3 Major Damage. If all or part of the Leased Premises axe damaged by fire or <br />other casualty and if the fire or other casualty damages the premises or the common areas of the <br />Leased Premises necessary for Lessee's use and occupancy of the Leased Premises, Lessee <br />ceases to use any portion of the Leased Premises as a result of such damage, and the damage <br />does not result from the negligence of Lessee or any other Lessee's concessionaires or third party <br />vendors, then during the period the Leased Premises or portion thereof are rendered unusable by <br />such damage and repair, Lessee's Base Rent under Paragraph 4 above shall be proportionately <br />reduced based upon the extent to which the damage and repair prevents Lessee from conducting, <br />and Lessee does not conduct, its business at the Leased Premises. <br />7.4 Casualty during Last Twelve Months. Notwithstanding the foregoing, if the <br />Leased Premises are destroyed or so damaged by fire, the elements, or other casualty during the <br />last twelve (12) months of the initial Term or the then -running Renewal Term, Lessee may elect <br />not to rebuild and to terminate this Lease; provided that Lessor shall receive insurance proceeds <br />in the full amount of the casualty loss. In the event that Lessee elects to terminate the Lease <br />tinder this Section and the insurance proceeds are less than the amount of the unpaid rent for the <br />balance of the Lease Term, Lessee agrees to pay the difference to Lessor in cash (or cash <br />equivalent) within five (5) days after receipt of a bill from Lessor. <br />g. Sale of Food, Liquor and Concession. During the Term of this Lease, Lessor grants <br />Lessee the exclusive license to sell food, beverage, and liquor within the Leased Premises. <br />Lessee shall also have the right to permit third party vendors to sell food, beverages, and liquor <br />within the Leased Premises, subject to the approval process by the City Manager or his/her <br />536 <br />