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9 <br />A.If the Premises are totally destroyed by fire or other casualty, <br />then this Lease shall terminate. If the Premises are damaged or destroyed atany <br />time during the Term by a casualty that is not ordinarily insurable, to an extent in <br />excess of thirty percent (30%) of the replacement cost of the Building, then either <br />party may terminate this Lease by giving written notice to the other within forty-five <br />(45) days following the date such damage or destruction occurs. If the damage to <br />the Premises cannot be repaired within one hundred twenty (120) days after the <br />date of such damage or destruction, either party may terminate this Lease by giving <br />written notice to the other party within forty-five (45) days following the date such <br />damage or destruction occurs. In such event, this Lease will be deemed terminated <br />as of the date such damage occurred and all Rent payments will be prorated as of <br />such date. <br />B.If neither party exercises a right pursuant to this Section to <br />terminate this Lease in the event of damage or destruction, Landlord will promptly <br />commence and diligently prosecute to completion such repairs as are necessary to <br />restore the Premises to substantially the same condition as they were in immediately <br />prior to such damage or destruction. All Rent will be equitably reduced, based on <br />the extent to which the damage or destruction interferes with Tenant’s use of the <br />Premises, between the date of the damage or destruction and the date of complete <br />restoration. In the event that such repairs and restoration are not substantially <br />completed within six (6) months from the date such damage occurred, then Tenant, <br />at its option, may terminate this Lease by giving written notice to Landlord at any <br />time prior to Landlord’s completion of such repairs and restoration, which termination <br />shallbe effective thirty (30) days following the date of such notice. <br />C.If either party elects to terminate this Lease pursuant to this <br />Section, Tenant will deliver the Premises to Landlord in itsdamaged condition and <br />neither party will have any obligation to repair or rebuild. In such eventany <br />insurance proceeds will belong to Landlord except any portion covering loss of or <br />damage toTenant’s personal property. <br />D.Landlord and Tenant intend that the provisions of this Section <br />govern fully in the event of any damage or destruction of the Premises, and <br />accordingly, Landlord and Tenant each hereby waive the provisions of any statute, <br />including California Civil Code Sections 1932(2)and 1933(4), with respect to any <br />rights or obligations concerning damage or destruction in absence of any express <br />agreement among the parties. <br />12.PROHIBITED USES;COMPLIANCE WITH LAW: Tenant shall not do, <br />and shall use Tenant’s best efforts to prevent any thing being done, in or about the <br />Premises or bring or keep anything therein, which will in any way conflict with any <br />valid law which may now or hereafter be enacted, or create a nuisance, or commit or <br />suffer tobe committed any waste upon the Premises, or use or allow the Premises <br />to be used for any unlawful purpose, or place any loads upon the floorthatendanger