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Section 9, Casual and Condemnation. If any por-tion of the Prenuses or any portion of the
<br /> Shopping Center shall be damaged or destroyed by fire or other casualty, Landlord shall have the rlight to terranirnate
<br /> this Lease upon notice to Tenant, if said right of termination is exercised,this Lease shall tens-ii nate as of the date of
<br /> such damage or destruction. if the Prernnises w-e damaged by lire or other casualty and the Landlord cannot
<br /> reasonably be expected to restore the premises within one hundred twenty(120)days of receipt of damage insurance
<br /> proceeds therefor, Tenant shall have the right to ternnunate this Agreement upon twenty (20) days' notice to
<br /> Landlord. If neither Landlord nor Tennant terminates this Lease pursuant to the foregoing ternns, then.Landlord
<br /> shall restore or repair the Prenuses to the extent of insurance proceeds nnade available to Landlord and the rental
<br /> othe-wise payable under this Lease will abate in whole or in part proportionate to the space within the Prenuses
<br /> which is unusable by Tenant from the date of the casualty to the completion of the restoration or repairs,
<br /> provided that the Tenant's business is not open. hi all cases of damage or destruction by fire or other casualty
<br /> during the Teri n of this Lease, Tenant shall be liable and responsible for the removal of any remains of its
<br /> property or other debris from the Premises, In the event of a condennraation, or deed in lieu thereof, of so much
<br /> of the Prenises as to render the Prenuses untenantable, this Lease shall automatically tern u*1ate. if such
<br /> condenuiation or deed in lieu thereof does not render the Premises urntenarntable, then this Lease shall continue,
<br /> but Rent shall be abated in proportion to the space within the Premises that was rendered unusable. Landlord
<br /> shall be entitled to the full amount of any conden-nrnation proceeds, except to the extent of any separate award
<br /> that maybe made to Tenant,provided that such separate award does not dinunish the amount made to Landlord,
<br /> Section 10. Event of Default;Landlord's Remedies.
<br /> Section 1.0.1, Tenant's Event of Default. Any one of the following shall be deemed to be an
<br /> "Event of Default": (a) Tenant's failure to pay any monetary amount within five (5) business days of the date
<br /> due; N with respect to a non-monetary default udder-this Lease not otherwise addressed in this Section, failure
<br /> of Tenant to cure the same within fifteen (15) days of Landlord's delivery of notice of such default (or such
<br /> lodger period which, by the nature of such default, may be necessary, provided Tenant shall have connnnenced
<br /> the curing of such default within ten days of delivery of such default notice and stall be diligently prosecutfiig
<br /> the same to completion,but in no event shall the cure period,including such extended cure period, exceed a total
<br /> of forty five (45) days); (c) the cornnnerncement of any bankruptcy, insolvency, reeeiversliip or similar type of
<br /> proceeding with respect to either Tenant or Guarantor; (d)breach by the Tenant, after the Rent Conunencernent
<br /> Date, of its obligations under Section 5.2 of this Lease for more than two (2) days in one year, or for more than
<br /> an aggregate of five (5) such days during the Term hereof, or, without limiting the foregoing, if Tenant should
<br /> abandon the Premises.
<br /> Section 10.2. Landlord's Remedies. Upon the occurrence of any Event of Default, Landlord
<br /> shall have the right to exercise any one or more or the following remedies: (a)upon such advance written notice
<br /> as may be required by law, Landlord may terminate this Lease, effective at such time as may be specified by
<br /> notice to Tenant and recover- possession of the Premises from Tenant., but, notwithstanding such ternunation,
<br /> Tenant shall remain liable for any previously unpaid Rent and any other losses that Landlord may suffer by
<br /> reason of such Event of Default, including without lhlutati.on the unamortized cost of performing the Landlord
<br /> Work and of entering into this Lease (collectively, the foregoing losses and damages are referred to as the
<br /> "Current Damages"), as well as the difference, discounted to present value at the prime rate, of all future Rent
<br /> (including Percentage Rent) over the amount (net of reasonably anticipated reletting costs) that Landlord can
<br /> reasonably expect to obtain from reletting for the same period, as reasonably deter ni ned by Landlord; (b) upon
<br /> such advance written notice as may be required by law, Landlord may termnate Tenant's right to possession of
<br /> the Premises without terminating this Lease, and, in addition to collecting from Tennant the Current Damages,
<br /> thereafter bling separate actions against Tenant from time to time to collect any one or more future delinquent
<br /> installments or payments of Rent due under this Lease, such collections to be offset by the amount (net of
<br /> reletting costs) that Landlord actually collects from any replacement tenant (Landlord shall use reasonable
<br /> efforts to relet the Prenuses; however, Landlord shall not be obligated to relet the Premises before leasing other
<br /> portions of the Shopping Venter or Landlord's other buildings, and Landlord shall only be obligated to relet the
<br /> Premises on commercially reasonable terns and conditions; furthermore, the excess, if any, of such net rent
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