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condition and character immediately prior to such damage or destruction in accordance with <br /> plans approved by the Lessor. Such restoration, repairs, replacements, rebuilding or <br /> alterations shall be commenced with due diligence, and in good faith, and prosecuted with due <br /> diligence and in good faith: . All insurance money paid pursuant <br /> to this Agreement on account of such damage or destruction, less the actual cost, fees and <br /> expenses, if any, incurred in connection with the adjustment of the loss, shall be applied to the <br /> payment of the cost of the aforesaid demolition,restoration, repairs, replacement, rebuilding, <br /> including the cost of temporary repairs for the protection of the F. e4*1Jk4e Facility pending the <br /> completion of permanent restoration, repairs, replacements, rebuilding (all of which temporary <br /> repairs, protection of property and permanent restoration, repairs, replacement, rebuilding are <br /> hereinafter collectively referred to as the "Restoration"). -Insurance proceeds <br /> shall be paid out from time to time as Restoration progresses by a title company or other <br /> dispersing agent agreed to by the parties with normal lien waivers and other requirements. No <br /> estruction f or damage to the Facility, <br /> Ye *845,Improvements, or any part thereof by fire or any other casualty shall permit <br /> Tenant to surrender this Agreement or shall relieve Tenant from its liability under the terms <br /> and conditions of this Agreement including <br /> a <br /> me <br /> nt of Rent and Tenant waives any rights now or hereafter conferred upon it <br /> by statute or otherwise to quit or surrender this Agreement or the 12"WAAKI.' <br /> nau <br /> Facility or Improvements. <br /> Tenant agrees to protect and save Lessor from any claims for injuries to property or <br /> person, or death, resulting from accident or other happening on the Property, and to carry <br />