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charge to T�nant for any reasonable attorney's fe�s or expenses incident to a review of any <br />documentation related to any proposed assignment or sublettir�g by Tenant. <br />Article i�: DAMAGE BY �IRE OR OTHER CASUALTY <br />{a} lf fire or oth�r casualty shall rencfer the whole or any material portion of Premises <br />untenable, anc! the Landlord determines that the Premises can reasonably be expected to be <br />made tenantabfe w�thin sixty (60} days €rom the date ofi such ev�nt without resorting to <br />overtime pay far labor and Landlard elects to eff�ct s�ch repairs or restoration, Landlord <br />shall repair and restor� the Premises ar�d the Building to as near their condition �rior to the <br />fire ar other casualty as is reasonably poss�ble withirt such perioc� {sub}ect to c�elays for <br />causes beyond Landlord's reasonable cantroi) and notify Tenant that i� shall be doing so, <br />such notice to be mailed within t�n (10) days fram the date of sUCh damage or destructian, <br />and this Lease shall remain in full force ar�c� effect, �ut th� rent for the �eriad during which <br />the Prernises are �a�tenabfe shall be abared pro rata (based u�on the portion of the <br />Premises which is untenable}, <br />(b) {i) if fire or at�er casualty sha�l render the whole or any material �art of the Premises <br />ur�tenable ar�d Landlorcf deterrr�ines that the Premises can�ot reasonably be expected to be <br />made tenantable wit�in sixty (60) days frorri the date of such event, then either party, by <br />notice in writing to the oth�er mail�d witl�in ten (1 Q) days from the date of such damage or <br />destruc�ion, may termina�e this Lease eff�ct:ve �rpon a date wit�in ten ( � 0) days fram Che <br />date af sUCh natice. In the event that more than fifty percent {5p�/a) of th� vafue of the <br />Shopping Center Tract is damaged or destroyed by fire or ot#�er casualty and irrespecti�e <br />of whether damage ar destruction can be �ade tenantable with one hundred sixty (60} <br />days thereafter, or i� �andlord elects no� �o repair or restore, t�en at Landlord`s aptian, by <br />written rrotice to Tenant, rrsaifed within fifteen (15) days fror-n the date of such damage ar <br />destruction, Landlord may terminate this Lease effective upot� a da�e wrthin ninety {90� days <br />from the date af such notice to Tenant. <br />(ii) ff this Lease is not terminated �ursuant to t�is Articfe, Landlorc! shalf repair and <br />restore the Premises ar�d the Shopping Center Tract to as near their condition prior ta the <br />fire or ot�er casualty as is reasonably possibfe with al1 due diligence and speed (subject to <br />delays for causes f�eyond Landlord's reasanable control} and the Rent for the period during <br />whici� the Premises are �ntenaf�le shalf be abated pro rata {based U{�on the portion of <br />Premises which is untenabfe). (n no event shall Landlord be ohligated to repair or restore <br />any speciaf equipment, fixtures or impro�ements install�d by Tenant at 7enant's exper�se. <br />(c) In the ev�nt af a terrriinat�on of this Lease pursuant to this Article, rer�t sl�all b� <br />apportioned an a per diem basis and paid to the date of the fire or other casualty. <br />ArticEe 12: EMINENT DQMP,IN <br />(a) If the whole or any part of the Premises shal! be ral<en Under the power of eminent <br />domain so that the remaining portton of the Premises is unsuitable for the purposes intended <br />here�nder, this Lease shall terminate as of the c�ate possession of same is ta]<en. <br />12 <br />