Agmt 2014 San Leandro Unified School District SLUSD (2)

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