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<br /> <br />or more <br />owners <br />damage or destruction. is rendered untenantable due to such damage and destruction. <br />then this Agreement, at the option of Equitable, to be exercised by notice to the R TB <br />given within ninety (90) days of such damage or destruction. Shall be terminated. <br />Provided, however, that if Equitable does not give such notice, then EquItable shall <br />repair and reconstruct the Transit Hub Improvements pursuant to the provisions of <br />paragraph 2.6.( c:) hereot~ but only to the extent that net insurance proceeds payable due <br />to, and an~ Ie to, the damage or destruction of such Transit Hub Improvements are <br />actually received by Equitable, plus such sums as are actually received by Equitable from <br />payments made by the City or the RTB, in their discretion, to help pay the cost of such <br />repair and reconstruction. If this Agreement is terminated as above provided in this <br />paragraph, Equitable shall pay to the City the net ~ proceeds actually received by <br />Equitable which are payable due to, and allocable to, the damage or destruction of the <br />Transit Facilities, in full satisfaction of all obligations under this Agreement. <br /> <br />(d) For purposes hereof, net insurance proceeds means the total insurance <br />proceeds payable due to a casualty less all costs incuned in obtaining such proceeds, <br />including experts' fees and attorneys' fees, whether suit be brought or not. <br /> <br />2.10. Temporary- Obstruction and Relocation. The use of any or all of the Transit <br />Facilities may be temporarily obstructed, and any or an of the Waiting Area or Bus Route <br />may be temporarily relocated, by, Equitable, the City or the RTB to the extent reasonably <br />necessary in connection with any work to be done, pursuant to this Article. If relocation <br />is on the Rosedale property such relocation shall be done only to such areas, and for time <br />periods, as Equitable shall designate in writing. If relocation is off the Rosedale property, <br />the relocation area shall be designated in writing by the RTB. However, in no event shall <br />any person block or unreasonably restrict access to any stores adjoining the Transit <br />Facilities. Temporary relocation of the Park and Ride Area shall be done only pursuant to <br />Article IV hereof. <br /> <br />2.11. Minimum Interference. Each party hereto, and the RTB, shall <br />exercise their respective rights hereunder reasonably and in such manner as to cause the <br />least possible interference under the then circumstance with the use and enjoyment by the <br />RTB and the other party hereto of their rights hereunder and with the use and enjoyment <br />of other properties in Rosedale by the owners, lessees and occupants thereof and their <br />respective customers, guests and invitees. <br /> <br />2.12. Work By Equitable. Whenever work is to be done by City under and <br />pursuant to Article n hereof, the City and Equitable shall first endeavor to have the work <br />done by Equitable, but at the cost and expense of City, pursuant to the following <br />procedures: <br />