Common use of Restoration and Repair Clause in Contracts

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this Agreement, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage and Tenant shall pay to Landlord the amount of any deductible. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, repair, reconstruct and replace the Leased Property, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable and diligently completed at Tenant's sole cost and expense (using available insurance proceeds). Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the Tenant shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior to the scheduled expiration of the then-current Term, provided and on the condition that: (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;

Restoration and Repair. If during the Term Improvements and/or the Leased Related Personal Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this Agreement, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage and Tenant shall pay to Landlord the amount of at any deductible. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm fire or any other cause whatsoever, but the Leased Property either whatsoever (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement in the manner provided above, then"Casualty"), Tenant shall give Landlord immediate prompt written notice thereof. If such Casualty does not render the individual Leased Property Unsuitable for its Intended Use, and if the applicable Facility Mortgagee applies all or any portion of the applicable insurance proceeds to repay the applicable Facility Mortgage and therefore any portion of the proceeds is not available for restoration, or the Facility Mortgagee otherwise refuses in writing to make any portion of such proceeds available to be used for restoration within a commercially reasonable period of time in light of the nature of the Casualty event, then Landlord, in Landlord's sole and absolute discretion, may elect to make available to Tenant funds in an amount equal to the amount of the proceeds so applied or withheld, as the case may be, by such Facility Mortgagee. If Landlord elects not to make such funds available for restoration, Tenant may, by written Notice thereof and Tenant shallto Landlord terminate this Lease as to the applicable Facility by electing a Limited Termination Election with respect thereto, subject to in which case the provisions of Section 10.2 belowParagraph 17(b) shall apply. If the applicable insurance company or Landlord elects to fund the proceeds for restoration (as more particularly described in Paragraph 17(b)), then upon Tenant's receipt of proceeds or funds from the insurance carrier or Landlord as described above, Tenant shall repair, reconstruct and or replace the Leased Improvements and/or the Related Personal Property, or the portion thereof so destroyed or damageddamaged (whichever is reasonably required), at least to the extent of the practicable to a condition substantially equivalent in value and character thereof existing as existed immediately prior to such occurrence Casualty, and in compliance accordance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insureall Insurance Requirements, due to any changes in code or building regulations)all Facility Mortgage Requirements and all Other Requirements. All such restoration work shall be started as promptly soon as practicable and diligently completed at Tenant's sole cost and expense if the amount of insurance proceeds are insufficient to complete the project (using available provided Tenant actually receives all such proceeds either from the insurance proceedscompany or, if any portion of such proceeds is held by the Facility Mortgagee, then from Landlord). , and Tenant shall, however, shall immediately take such action as is necessary to assure that secure the applicable Leased Property (or any portion thereof), ) such that the same does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the occurrence of any such Casualty, Tenant shall have the right continue to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior to the scheduled expiration of the then-current Term, provided and on the condition that: (i) Tenant promptly pays to Landlord the full amount of pay all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;Rent without abatement.

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Neither Landlord nor Tenant shall have the right to terminate this Lease with respect to any such casualty occurring prior to the expiration of the first thirty-six (36) Accounting Periods of the Initial Term. With respect to any such casualty that renders the Leased Property Unsuitable for Its Permitted Use after such thirty-sixth (36th) Accounting Period, either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this Agreement, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage and Tenant shall pay to Landlord the amount of any deductible. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate (or are entitled to terminate) this Agreement in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, repair, reconstruct and replace the Leased Property, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable and diligently completed at Tenant's sole cost and expense (using available insurance proceeds). Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the Tenant shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior to the scheduled expiration of the then-current Term, provided and on the condition that: (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;any

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this AgreementLease, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage and Tenant shall pay to Landlord the amount of any deductible. If this Lease is not terminated, Tenant shall be obligated to promptly proceed with the complete restoration and repair of the Leased Property first using available proceeds from any insurance policy then in place naming Tenant as an insured party, plus the amount of any deductible thereunder. In the event that the total amount of such available insurance proceeds and any deductible to be paid by Tenant thereunder are insufficient to pay all necessary repair and restoration costs and expenses, Landlord shall fund any additional costs or expenses to repair and restore the same, and any and all amounts so funded by Landlord shall be deemed and treated as Landlord’s Additional Investment hereunder and, accordingly, the Adjusted Lease Basis shall increase by an amount equal to the amount funded by Landlord contemporaneously with the funding thereof by Landlord. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement this Lease is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, reasonably cooperate in any such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement Lease in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, repair, reconstruct and replace the Leased Property, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable by Tenant following Tenant’s receipt of insurance proceeds and, if applicable, any additional funds Landlord is obligated to fund pursuant to this Section 10.1, and thereafter diligently completed at by Tenant's sole cost and expense (using available insurance proceeds). Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding anything herein to the foregoing contrary, if damage to or destruction of the Tenant shall have Leased Property occurs during the right last twenty-four (24) months of the Term and such damage or destruction cannot reasonably be expected to elect not be fully repaired or restored prior to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within the date that is twelve (12) months prior to the scheduled expiration end of the then-current such Term, provided and on the condition that: (i) Tenant promptly pays shall have no obligation to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord repair or its Mortgagee also receive and retain all insurance proceeds;restore such damage or destruction.

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty ninety (6090) days after such casualty occurs, terminate this Agreement, whereupon whereupon, this Agreement shall terminate and Landlord shall be entitled to retain the insurance proceeds payable on account of all such damage to the Leased Property and if Tenant elects to terminate this Agreement as hereinabove provided, Tenant shall pay to Landlord the amount of any deductible. If Landlord elects to terminate this Agreement as hereinabove provided, Tenant shall not be obligated to pay to Landlord the amount of any deductible. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement is terminated as aforesaid, Landlord may settle any insurance claims with respect to the Leased Property and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, the Leased Property and/or Leased Improvements and/or FF&E shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement in the manner provided above, thenUse, Tenant shall give Landlord immediate Notice thereof and Tenant shall, subject to the provisions of Section 10.2 10.2, Section 10.3 and Section 10.4 below, repair, reconstruct and replace the Leased PropertyImprovements and FF&E, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Agencies due to any changes in code governmental body, county or building regulations city agency, (which Tenant acknowledges may increase the replacement value of the Leased Property Improvements which Tenant will then be required to insure, ) due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable and diligently completed at Tenant's sole cost and expense (using available insurance proceeds)expense. Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the Tenant shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior to the scheduled expiration of the then-current Term, provided and on the condition that: (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;.

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this Agreement, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage and Tenant shall pay to Landlord the amount of any deductible. Tenant further expressly acknowledges, understands and agrees that in In the event that the Agreement is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, Initial Term the Leased Property Improvements and/or Personalty shall be destroyed or damaged in whole or in part by fire, windstorm fire or any other cause whatsoever, but whatsoever and less than eighty percent (80%) of the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use value of the Improvements and/or Personalty are damaged or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement destroyed or in the manner provided aboveevent that less than sixty percent (60%) of the value of the Improvements and/or Personalty are damaged or destroyed during any Renewal Term (in either case, thena "Minor Casualty"), Tenant shall give Landlord immediate Notice notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, shall repair, reconstruct and or replace the Leased PropertyImprovements and/or Personalty, or the portion thereof so destroyed or damageddamaged (whichever is reasonably required), at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations)occurrence. All such restoration work shall be started as promptly soon as practicable and diligently completed at Tenant's sole cost and expense (using available insurance proceeds)expense. Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property Premises (or any portion thereof), ) does not constitute a nuisance or otherwise present or constitute presents a health or safety hazard. Notwithstanding the foregoing the Tenant shall have continue to pay all Rent and additional charges due hereunder without abatement. If during the right to elect not to repair any material casualty damage (estimated to cost Initial Term greater than $250,000 to repaireighty percent (80%) occurring within twelve (12) months prior to the scheduled expiration of the then-current Termvalue of the Improvements and/or Personalty are damaged or destroyed, provided and on or if during any Renewal Term more than sixty percent (60%) of the condition that: value of the Improvements and/or Personalty are damaged or destroyed (a "Major Casualty"), then Tenant may, at its option, elect to (i) terminate this Lease and assign all insurance proceeds for such damage and destruction to Landlord; or (ii) treat the Major Casualty as if it were a Minor Casualty and take all steps required for Minor Casualties herein. Notwithstanding the foregoing, in the event that a period of two (2) years or less remains on the Term of this Lease and the Tenant promptly pays has not given Landlord notice of its intent to renew the Lease for a Renewal Term, Landlord may elect to terminate the full amount Lease upon the occurrence of all deductibles applying to the insured loss, as well as of all uninsured amounts thereofa Major Casualty, and Landlord or its Mortgagee also receive and retain Tenant shall assign all insurance proceeds;proceeds for such damage or destruction to Landlord.

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this AgreementLease, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage and Tenant shall pay to Landlord the amount of any deductible. If this Lease is not terminated, Tenant shall be obligated to promptly proceed with the complete restoration and repair of the Leased Property first using available proceeds from any insurance policy then in place naming Tenant as an insured party, plus the amount of any deductible thereunder. In the event that the total amount of such available insurance proceeds and any deductible to be paid by Tenant thereunder are insufficient to pay all necessary repair and restoration costs and expenses, Landlord shall fund any additional costs or expenses to repair and restore the same, and any and all amounts so funded by Landlord shall be deemed and treated as Landlord’s Additional Investment hereunder and, accordingly, the Adjusted Lease Basis shall increase by an amount equal to the amount funded by Landlord contemporaneously with the funding thereof by Landlord. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement this Lease is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, reasonably cooperate in any such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement Lease in the manner provided above, then, Tenant shall give Landlord immediate prompt Notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, repair, reconstruct and replace the Leased Property, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable by Tenant following Tenant’s receipt of insurance proceeds and, if applicable, any additional funds Landlord is obligated to fund pursuant to this Section 10.1, and thereafter diligently completed at by Tenant's sole cost and expense (using available insurance proceeds). Tenant shall, however, immediately promptly take such action as is necessary to assure that the Leased Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding anything herein to the foregoing contrary, if damage to or destruction of the Tenant shall have Leased Property occurs during the right last twenty-four (24) months of the Term and such damage or destruction cannot reasonably be expected to elect not be fully repaired or restored prior to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within the date that is twelve (12) months prior to the scheduled expiration end of the then-current such Term, provided and on the condition that: (i) Tenant promptly pays shall have no obligation to Landlord the full amount of all deductibles applying to the insured lossrepair or restore such damage or destruction. Batesville Healthcare Center Batesville, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;Arkansas

Restoration and Repair. If during (a) In case of damage to or destruction of the Term Buildings, in whole or in part, by fire or any other cause, similar or dissimilar (a "Casualty"), Tenant shall, regardless of the Leased Property availability of insurance proceeds (but subject to Section 8.5), restore, repair, replace or rebuild the Buildings as nearly as may be reasonably possible to the condition, quality and class the same were in immediately prior to such damage or destruction, or with such changes or alterations as Tenant shall elect to make in conformity with Article 10. Such restoration, repairs, replacement or rebuilding shall be totally or partially destroyed commenced with reasonable promptness and thereby rendered Unsuitable for Its Permitted Useprosecuted with reasonable diligence. (b) Provided that there does not then exist an Event of Default hereunder, Tenant shall give Landlord prompt Notice thereof. Either all insurance money collected by Landlord or Tenant may, from any policy of insurance maintained by the giving of Notice thereof Tenant pursuant to the other party within sixty (60) days after such casualty occurs, terminate this Agreement, whereupon Landlord shall be entitled to retain the insurance proceeds payable Article 4 on account of such damage Casualty, less the cost, if any, incurred in connection with the adjustment of the loss and the collection thereof (herein sometimes referred to as the "insurance proceeds"), shall be held in an interest bearing account by an Institutional Fee Mortgagee (as provided in Section 11.1) or, if there is no such Institutional Fee Mortgagee, by an Institution, as insurance trustee, selected by Landlord and reasonably approved by Tenant, shall be applied to the payment of the cost of rebuilding, and shall be paid out to or for the account of Tenant shall pay from time to Landlord the amount of any deductible. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shalltime, upon request of Landlordrequisition by Tenant, cooperate in any as such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and Tenant shallwork progresses, subject to Article 10 and Article 11. However, if the provisions insurance proceeds for any Casualty are less than $50,000, such insurance proceeds shall be paid to Tenant, and shall be held by Tenant in trust for the purpose of Section 10.2 belowpaying the cost of such reconstruction. (c) Upon Landlord's receipt of evidence reasonably acceptable to it that the reconstruction has been completed and paid for in full, repairthat there are no liens on the Premises as a result thereof, reconstruct that reconstruction has been completed in a good and replace the Leased Propertyworkmanlike manner, in accordance in all material respects with applicable Laws and in substantial accordance with plans and specifications theretofore submitted to (and if required hereunder approved by) Landlord, and that a certificate of occupancy, if required by Law, has been issued or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior is otherwise in effect with respect to such occurrence and in compliance with all Legal Requirementsreconstruction, including any alterations to the Leased Property required Landlord shall pay or cause to be made by paid to Tenant any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value remaining balance of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable and diligently completed at Tenant's sole cost and expense (using available said insurance proceeds). Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the Tenant shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior to the scheduled expiration of the then-current Term, provided and on the condition that: (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;.

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this AgreementLease, without affecting any of the Affiliated Leases, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage (exclusive of any business interruption insurance which shall be payable to Landlord only to the extent of Rent due through the date of such termination) and Tenant shall pay to Landlord the amount of any deductible; provided, however, in the event that the exercise by any Person of any of its rights with respect to the Leased Property pursuant to any of the Permitted Encumbrances shall cause damage or destruction to the Leased Property, or which actions render the Leased Property Unsuitable for Its Permitted Use, Tenant shall not have the option to terminate this Lease and shall be obligated to promptly proceed with the complete restoration and repair of the Leased Property first using available proceeds from any insurance policy then in place naming Tenant as an insured party, plus the amount of any deductible thereunder. In the event that the total amount of such available insurance proceeds and any deductible to be paid by Tenant thereunder are insufficient to pay all necessary repair and restoration costs and expenses, Landlord and Tenant shall share equally any additional costs or expenses to repair and restore the same. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement this Lease is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement Lease in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, repair, reconstruct and replace the Leased Property, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable and diligently completed at Tenant's sole no out-of-pocket cost and or expense to Landlord (using available insurance proceeds). Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the Tenant shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior to the scheduled expiration of the then-current Term, provided and on the condition that: (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;.

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this AgreementLease, without affecting any of the Affiliated Leases, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage (exclusive of any business interruption insurance which shall be payable to Landlord only to the extent of Rent due through the date of such termination) and Tenant shall pay to Landlord the amount of any deductible; provided, however, in the event that the exercise by any Person of any of its rights with respect to the Leased Property pursuant to any of the Permitted Encumbrances shall cause damage or destruction to the Leased Property, or which actions render the Leased Property Unsuitable for Its Permitted Use, Tenant shall not have the option to terminate this Lease and shall be obligated to promptly proceed with the complete restoration and repair of the Leased Property first using available proceeds from any insurance policy then in place naming Tenant as an insured party, plus the amount of any deductible thereunder. In the event that the total amount of such available insurance proceeds and any deductible to be paid by Tenant thereunder are insufficient to pay all necessary repair and restoration costs and expenses, Landlord and Tenant shall share equally any additional costs or expenses to repair and restore the same. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement this Lease is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement Lease in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, repair, reconstruct and replace the Leased Property, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Government Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable and diligently completed at Tenant's sole no out-of-pocket cost and or expense to Landlord (using available insurance proceeds). Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the Tenant shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior to the scheduled expiration of the then-current Term, provided and on the condition that: (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;.

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this Agreement, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage and Tenant shall pay to Landlord the amount of any deductible. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, repair, reconstruct and replace the Leased Property, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable and diligently completed at Tenant's sole cost and expense (using available insurance proceeds). Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the Tenant shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior to the scheduled expiration of the then-current Term, provided and on the condition that: that (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this Agreement, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage including proceeds from any business interruption insurance and Tenant shall pay to Landlord the amount of any deductible; provided, however, Landlord shall only be entitled to receive proceeds from any business interruption insurance up to the amount of any Rent payments past due and any past due contributions to the Reserve. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, repair, reconstruct and replace the Leased Property, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable and diligently completed at Tenant's ’s sole cost and expense (using available insurance proceeds)expense. Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the Tenant shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior discontinue operating the Leased Property to the scheduled expiration extent reasonably necessary to comply with Applicable Laws, or to safely repair, reconstruct or replace the Leased Property or such portion so destroyed or damaged in accordance with the requirements of the then-current Term, provided and on the condition that: (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;this Article 10.

Restoration and Repair. If during the Term the Leased Property Improvements of any Facility shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either then either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occursCasualty occurs (the “Facility Termination Notice”), terminate this AgreementAgreement as to the applicable Facility and all related Facility Property (a “Facility Termination”), whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage and Tenant shall pay to Landlord the amount of any deductibledeductible and the amount of any uninsured property damage (either because the cause was uninsured or the amount of insurance was insufficient) (the “Tenant Payment Obligation”). Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement is terminated as aforesaidof a Facility Termination, Landlord may settle any insurance claims with respect to such property and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, the Leased Property Improvements of any Facility shall be totally destroyed or damaged in whole or in part by fire, windstorm Casualty or any other cause whatsoever, but the Leased Property Facility either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement as to the Facility in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and then Tenant shall, subject to the provisions of Section 10.2 10.3 below, repair, reconstruct and replace the Leased applicable Facility Property, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property Premises of the Facility required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Facility Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable and diligently completed at Tenant's ’s sole cost and expense (using available insurance proceeds). Tenant shall, however, immediately take such action as is necessary to assure that the Leased Facility Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the foregoing, Tenant shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 1,000,000 to repair) occurring within twelve (12) months prior to the scheduled expiration of the then-current Term, provided and on the condition that: (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive all property insurance proceeds in connection with such damage; (ii) Tenant has provided adequate assurance that applicable business interruption insurance will continue to be available through the end of the then-current Term to cover all resulting loss of income or else adequate security therefor as requested by Landlord; and retain (iii) Tenant, at Tenant’s sole cost and expense, properly secures and protects and preserves any damaged portion of the Facility in such a fashion as to insure the safety of all insurance proceeds;Facility Residents, guests, invitees and others (to the extent that such persons are reasonably expected to continue to occupy or come upon the relevant portions of the Facility), and the value of the affected improvements.

Restoration and Repair. If during (a) In case of damage to or destruction of the Term Buildings, in whole or in part, by fire or any other cause, similar or dissimilar (a "Casualty"), Tenant shall, regardless of the Leased Property availability of insurance proceeds (but subject to Section 8.5), restore, repair, replace or rebuild the Buildings as nearly as may be reasonably possible to the condition, quality and class the same were in immediately prior to such damage or destruction, or with such changes or alterations as Tenant shall elect to make in conformity with Article 10. Such restoration, repairs, replacement or rebuilding shall be totally or partially destroyed commenced with reasonable promptness and thereby rendered Unsuitable for Its Permitted Useprosecuted with reasonable diligence. (b) Provided that there does not then exist an Event of Default hereunder, Tenant shall give Landlord prompt Notice thereof. Either all insurance money collected by Landlord or Tenant may, from any policy of insurance maintained by the giving of Notice thereof Tenant pursuant to the other party within sixty (60) days after such casualty occurs, terminate this Agreement, whereupon Landlord shall be entitled to retain the insurance proceeds payable Article 4 on account of such damage Casualty, less the cost, if any, incurred in connection with the adjustment of the loss and the collection thereof (herein sometimes referred to as the "insurance proceeds"); shall be held in an interest bearing account by an Institutional Fee Mortgagee (as provided in Section 11.1) or, if there is no such Institutional Fee Mortgagee, by an Institution, as insurance trustee, selected by Landlord and reasonably approved by Tenant, shall be applied to the payment of the cost of rebuilding, and shall be paid out to or for the account of Tenant shall pay from time to Landlord the amount of any deductible. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shalltime, upon request of Landlordrequisition by Tenant, cooperate in any as such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and Tenant shallwork progresses, subject to Article 10 and Article 11. However, if the provisions insurance proceeds for any Casualty are less than $50,000, such insurance proceeds shall be paid to Tenant, and shall be held by Tenant in trust for the purpose of Section 10.2 belowpaying the cost of such reconstruction. (c) Upon Landlord's receipt of evidence reasonably acceptable to it that the reconstruction has been completed and paid for in full, repairthat there are no liens on the Premises as a result thereof, reconstruct that reconstruction has been completed in a good and replace the Leased Propertyworkmanlike manner, in accordance in all material respects with applicable Laws and in substantial accordance with plans and specifications theretofore submitted to (and if required hereunder approved by) Landlord, and that a certificate of occupancy, if required by Law, has been issued or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior is otherwise in effect with respect to such occurrence and in compliance with all Legal Requirementsreconstruction, including any alterations to the Leased Property required Landlord shall pay or cause to be made by paid to Tenant any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value remaining balance of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable and diligently completed at Tenant's sole cost and expense (using available said insurance proceeds). Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the Tenant shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior to the scheduled expiration of the then-current Term, provided and on the condition that: (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;.

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this Agreement, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage and Tenant shall pay to Landlord the amount of any deductible. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, the Leased Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, repair, reconstruct and replace the Leased Property, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required Loss Proceeds to be made available to Borrower for restoration or repair pursuant to Section 6.1.3 is less than the cost of the restoration or repair as estimated by Lender at any Governmental Agencies due time prior to completion thereof, Borrower shall cause to be deposited with Lender the amount of such deficiency within 30 days following Lender’s written request therefor (but in no event later than the commencement of the work) and Borrower’s deposited funds shall be disbursed prior to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be Loss Proceeds. If Borrower is required to insuredeposit funds under this Section, due the deposit of such funds shall be a condition precedent to Lender’s obligation to disburse any Loss Proceeds held by Lender hereunder. Without limitation of Lender’s rights hereunder, it shall be an additional condition precedent to any changes in code disbursement of Loss Proceeds held by Lender hereunder that Lender shall have approved all plans and specifications for any proposed repair or building regulations)restoration. All such restoration work The amount of Loss Proceeds which is to be made available to Borrower, together with any deposits made by Borrower hereunder, shall be started held by Lender to be disbursed from time to time to pay the cost of repair or restoration either, at Lender’s option, to Borrower or directly to contractors, subcontractors, material suppliers and other persons entitled to payment in accordance with and subject to such conditions to disbursement as promptly as practicable and diligently completed at Tenant's sole cost and expense (using available insurance proceeds). Tenant shall, however, immediately take such action as is necessary Lender may impose to assure that the Leased Property (work is fully completed in a good and workmanlike manner and paid for and that no liens or claims arise by reason thereof. Lender may commingle any portion thereof)such funds held by it with its other general funds. Lender shall not be obligated to pay interest in respect of any such funds held by it, does not constitute nor shall Borrower be entitled to a nuisance or otherwise present or constitute a health or safety hazardcredit against any of the Indebtedness except and to the extent the funds are applied thereto pursuant to this Section 6.1. Notwithstanding any other provision of Section 6.1, if a Default or Event of Default shall be existing at the foregoing the Tenant time of such casualty, taking or other event or if Default or Event of Default occurs thereafter, Lender shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior immediately apply all Loss Proceeds to the scheduled expiration payment of the then-current Term, provided Indebtedness in such order and on the condition that: (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, manner as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;Lender may determine.

Restoration and Repair. If during the Term the Leased Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty (60) days after such casualty occurs, terminate this Agreement, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage and Tenant shall pay to Landlord the amount of any deductible. Tenant further expressly acknowledges, understands and agrees that in In the event that the Agreement is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, Initial Term the Leased Property Improvements and/or Personalty shall be destroyed or damaged in whole or in part by fire, windstorm fire or any other cause whatsoever, but whatsoever and less than eighty percent (80%) of the Leased Property either (i) is not rendered Unsuitable for Its Permitted Use value of the Improvements and/or Personalty are damaged or (ii) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement destroyed or in the manner provided aboveevent that less than sixty percent (60%) of the value of the Improvements and/or Personalty are damaged or destroyed during any Renewal Term (in either case, thena "MINOR CASUALTY"), Tenant shall give Landlord immediate Notice notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, shall repair, reconstruct and or replace the Leased PropertyImprovements and/or Personalty, or the portion thereof so destroyed or damageddamaged (whichever is reasonably required), at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations)occurrence. All such restoration work shall be started as promptly soon as practicable and diligently completed at Tenant's sole cost and expense (using available insurance proceeds)expense. Tenant shall, however, immediately take such action as is necessary to assure that the Leased Property Premises (or any portion thereof), ) does not constitute a nuisance or otherwise present or constitute presents a health or safety hazard. Notwithstanding the foregoing the Tenant shall have continue to pay all Rent and additional charges due hereunder without abatement. If during the right to elect not to repair any material casualty damage (estimated to cost Initial Term greater than $250,000 to repaireighty percent (80%) occurring within twelve (12) months prior to the scheduled expiration of the then-current Termvalue of the Improvements and/or Personalty are damaged or destroyed, provided and on or if during any Renewal Term more than sixty percent (60%) of the condition that: value of the Improvements and/or Personalty are damaged or destroyed (a "MAJOR CASUALTY"), then Tenant may, at its option, elect to (i) terminate this Lease and assign all insurance proceeds for such damage and destruction to Landlord; or (ii) treat the Major Casualty as if it were a Minor Casualty and take all steps required for Minor Casualties herein. Notwithstanding the foregoing, in the event that a period of two (2) years or less remains on the Term of this Lease and the Tenant promptly pays has not given Landlord notice of its intent to renew the Lease for a Renewal Term, Landlord may elect to terminate the full amount Lease upon the occurrence of all deductibles applying to the insured loss, as well as of all uninsured amounts thereofa Major Casualty, and Landlord or its Mortgagee also receive and retain Tenant shall assign all insurance proceeds;proceeds for such damage or destruction to Landlord.

Restoration and Repair. If during the Term the Leased Property and/or the Attractions Personal Property shall be totally or partially destroyed and thereby rendered Unsuitable for Its Permitted Use, Tenant shall give Landlord prompt Notice thereof. Either Landlord or Tenant may, by the giving of Notice thereof to the other party within sixty ninety (6090) days after such casualty occurs, terminate this AgreementLease, whereupon Landlord shall be entitled to retain the insurance proceeds payable on account of such damage; provided, however, that in the event that the exercise by any Person of any of its rights with respect to the Leased Property pursuant to any Mineral Reservations shall cause damage and or destruction to the Leased Property or which actions render the Leased Property Unsuitable for Its Permitted Use, Tenant shall pay not have the option to Landlord terminate this Lease and shall be obligated to proceed with the amount complete restoration and repair of any deductiblethe Leased Property, at Tenant’s sole cost and expense, in accordance with the provisions of this Lease. Tenant further expressly acknowledges, understands and agrees that in the event that the Agreement this Lease is terminated as aforesaid, Landlord may settle any insurance claims and Tenant shall, upon request of Landlord, cooperate in any such settlement. If during the Term, the Leased Property and/or the Attractions Personal Property shall be destroyed or damaged in whole or in part by fire, windstorm or any other cause whatsoever, but the Leased Property and/or the Attractions Personal Property either (ia) is not rendered Unsuitable for Its Permitted Use Use, or (iib) is rendered Unsuitable for Its Permitted Use but neither Landlord nor Tenant terminate this Agreement Lease in the manner provided above, then, Tenant shall give Landlord immediate Notice thereof and Tenant shall, subject to the provisions of Section 10.2 below, repair, reconstruct and replace the Leased Property and/or the Attractions Personal Property, or the portion thereof so destroyed or damaged, at least to the extent of the value and character thereof existing immediately prior to such occurrence and in compliance with all Legal Requirements, including any alterations to the Leased Property and/or the Attractions Personal Property required to be made by any Governmental Agencies due to any changes in code or building regulations (which Tenant acknowledges may increase the replacement value of the Leased Property which Tenant will then be required to insure, due to any changes in code or building regulations). All such restoration work shall be started as promptly as practicable and diligently completed completed, at Tenant's ’s sole cost and expense (expense, using available insurance proceeds). Tenant shall, however, shall immediately take such action as is necessary to assure that the Leased Property and/or the Attractions Personal Property (or any portion thereof), does not constitute a nuisance or otherwise present or constitute a health or safety hazard. Notwithstanding the foregoing the Tenant shall have the right to elect not to repair any material casualty damage (estimated to cost greater than $250,000 to repair) occurring within twelve (12) months prior to the scheduled expiration of the then-current Term, provided and on the condition that: (i) Tenant promptly pays to Landlord the full amount of all deductibles applying to the insured loss, as well as of all uninsured amounts thereof, and Landlord or its Mortgagee also receive and retain all insurance proceeds;.