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7. 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 1 4 <br /> equipment, and complete the same as soon as reasonably possible, to the condition they were in <br /> prior to such damage or destruction, 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 fire,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 /> if <br /> 7.3 Major Damage. If all or part of the Leased Premises are 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 /> under 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 /> 8. 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 F <br /> within the Leased Premises, subject to the approval process by the City Manager or his/her <br /> 9 4 <br /> re <br /> } <br /> 1 <br />