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conditions of this Lease that are to be performed by Lessee. Any purported Transfer in violation of this Section 26 shall be void and constitute a default hereunder, and at He option of Lessor, terminate this Lease. 27. Damage. (a) Scope of Damage. Lessee shall notify Lessor in writing immediately upon the occurre¢ce of any damage to the Premises which makes the Premises untenantable (a "Casualty"). Sucl~ damage shall be deemed partial if it can be repaired and the Premises made tenantable with'm 180 days and does not occur during the last year of the Term ("Partial Damage"). All damag{ other than Partial Damage shall be deemed to be total destruction ("Total Destruction"). i (b) Total Destruction. i In the event of Total Destruction, the Lease shall terminate as of th{ date of the Casualty ("Casualty Date"). (c) Partial Damage. In the event of Partial Damage, Lessor shall elect in a written notice: to Lessee within sixty (60) days of the Casualty Date whether to restore the Premises, at Le~sor's expense, to their condition prior to the Casualty Date. If Lessor elects to restore the Premises, Lessor shall diligently pursue such restoration to completion at Lessor's sole cost and e?~pense, provided that Lessee shall be responsible for the restoration, at Lessee's expense, of Les~ee's fixtures, equipment and other improvements installed by Lessee. Upon such an election, this Lease will remain in effect. If Lessor elects not to restore the Premises, Lessee shall glect within thirty (30) days of receipt of Lessor's election whether to restore the Premises at Lessee's sole cost and expense. If Lessee elects to restore the Premises, Lessee shall diligently pursue such restoration to completion in compliance with the provisions of Section 12 above. Up6n such an election, this Lease will remain in effect. If Lessee elects not to restore the Premises, this Lease shall terminate as of the date of Lessee's election. (d) Lessee's Costs. If Lessor restores the Premises, Lessee shall reimburse Lessor for the deductible or self insured retention under any Lessor's Insurance and, if the Casualty was caused or contributed to by Lessee or Lessee's Invitees, the excess of the cost to restore the Premises over the amount of the insurance proceeds from the Lessor's Insurance. Lessee shall have no right to any insurance proceeds other than proceeds that Lessee obtained with respect to Lessee's personal property and fixtures. If this Lease is not terminated, the Base Rent shall abate in proportion to the Premises damaged until the Premises are restored. 28. Barricades. If requested by Lessor, Lessee shall install and maintain barricades, fences, and fence gates of a size and form satisfactory to Lessor at such locations as may be designated by Lessor at any time while this Lease is in effect, all at Lessee's expense and to Lessor's satisfaction. -12- 895092.2