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<br /> intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In
<br /> the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this
<br /> . Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give
<br /> written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without
<br /> reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and
<br /> Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not
<br /> give such notice within such ten (to) day period, this Lease shall be canceled and terminated as
<br /> of tile date of the occurrence of such damage.
<br /> 9.3 Premises Total Destructionj Premises Building Total Destruction; Industrial
<br /> Center Buildings Total Destruction. Subject to the provisions of paragraphs 9.4 and 9.5, ifat
<br /> any time during the term of this Lease there is damage, whether or not it is an Insured Loss, and
<br /> such damage falls into the cl<lssification of (a) Premises Total Destruction, or (b) Premises
<br /> Building Total Destruction, or (c) Industrial Center Buildings Total Destruction, then Lessor may
<br /> at its option either (y) repair such damage, but not Lessee's fixtures, equipment, or tenant
<br /> improvements, as soon as reasonably possible at Lessor's expense, and this Lease shall continue
<br /> in ful! force and effect, or (z) give written notice to Lessee within thirty (30) days after the date
<br /> of occurrence of such damage, of Lessor's intention to cancel and terminate this Lease, in which
<br /> case this Lease shat! be canceled and terminated as of the date of the occurrence of such damage.
<br /> 9.4 Damage near End of Term.
<br /> (a) Subject to paragraph 9.4(b), if at any time during the last six months of the term
<br /> of this Lease there is substantial damage, whether or not an Insured Loss, and such damage falls
<br /> within the dassification of Premises Partial Damage, Lessor may at its option cancel and
<br /> temlinate this Lease as of the date of occurrence of such damage by giving \\lrittcn notice to
<br /> Lessee of Lessor's election to do so within thirty (30) days after the date of occurrence of such
<br /> damage.
<br /> (b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend
<br /> or renew this Lease, and the time within which said option may be exercised has not yet expired)
<br /> Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days
<br /> . after the occurrence of an Insured Loss falling within the classification of Premises Partial
<br /> Damage during the last six months of the term of this Lease. If Lessee duly exercises such
<br /> option during said twenty (20) day period, Lessor shall, at its expense, repair such damage, but
<br /> not Lessee's fixtures, equipment, or tenant improvements, as soon as reasonably possible, and
<br /> this Lease shall continue in full force and effect. If Lessee fails to exercise such option during j'
<br /> said twenty (20) day period, then Lessor may at its option tenninate and cancel this Lease as of
<br /> the expiration of said twenty (20) day period by giving written notice to Lessee of Lessor's
<br /> election to do so within ten (10) days aacr the expiration of said twenty (20) day period,
<br /> notwithstanding any term or provision in the grant of option to the contrary.
<br /> 9.5 Abatement of Rent; Lessee's Remedies.
<br /> (a) In the event Lessor repairs or restores the Premises pursuant to the provisions of
<br /> this paragraph 9, the rent payable hereunder for the period during which such damage) repair, or
<br /> restoration continues shall be abated in proportion to the degree to which Lessee's use of the
<br /> Premises is impaired. Except for abatement of rent, if any, Lessee shall have no claim against
<br /> Lessor for any damage suffered by reason of any such damage, destruction, repair, or restoration.
<br /> (b) If Lessor is obligated to repair or restore the Premises under the provisions of this
<br /> paragraph 9 and does not commence such repair or restoration within ninety (90) days after such
<br /> obligation accrues, Lessee may at its option cancel and tenninate this Lease by giving Lessor
<br /> written notice of Lessee's election to do so at any time prior to the commencement of such repair
<br /> or restoration. In such event this Lease shall tenninate as of the date of such notice.
<br /> 9.6 Termination - Advance Payments. Upon tennination of this Lease pursuant to
<br /> this paragraph 9, an equitable adjustment shall be made concerning advance rent and any
<br /> advance payments made by Lessee to Lessor. Lessor shall, in addition, return to Lessee so much
<br /> of Lessee's security deposit as has not theretofore been applied by Lessor.
<br /> 9.7 'Waiver. Lessor and Lessee waive the provisions of any statute that relate to
<br /> tennination of leases when leased property is destroyed, and agree that any such event shall be
<br /> . governed by the terms of this Lease.
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