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Section 16.2 Procedure. Landlord (or Landlord's mortgagee, if required by the terms of Landlord's mortgage), shall hold in trust any funds payable to Landlord by Landlord's insurance carrier for the restoration of the affected property in a separate account prior to actual disbursement of funds to restore the affected structure; and Tenant (or Tenant's leasehold mortgagee (if any), if required by the Terms of Tenant's mortgage) shall hold in trust any funds payable to Tenant by Tenant's insurance carrier for the restoration of the affected property in a separate account prior to actual disbursement of funds to restore the affected structure. The affected structure and improvements will be restored in accordance with the original plans and specifications therefor, except to the extent changes are required under Applicable Law or otherwise would be permitted under this Lease. As the reconstruction progresses, the insurance funds will be disbursed by Landlord or Tenant, as the case may be, in accordance with standard construction practice. All construction work will be done in a good and workmanlike manner in accordance with Applicable Laws and the requirements of applicable insurance policies. Landlord and Tenant agree that all liens against the Center or the Premises which are filed as a consequence of any Restoration Work undertaken by Landlord or Tenant (as the case may be) will be discharged as expeditiously as possible so as not to delay reconstruction, and in any event any such lien shall be discharged within thirty (30) days of filing. At the completion of the reconstruction of the affected property, the party performing (or causing the performance of) the applicable Restoration Work shall cause its architect to certify to the other party that such Restoration Work has been properly completed in accordance with the requirements of this Article 16. Section 16.3 Ri2:ht to Terminate. (a) If, as a result of any damage or destruction to the Building or the Common Areas or other facilities within the Protected Area shown on the Site Plan (whether or not the Premises or any part thereof is directly damaged), the operation of Tenant's business in the Premises as contemplated hereunder becomes impracticable in Tenant's reasonable judgment, whether directly or otherwise as a consequence of Landlord's Restoration Work (herein, a "Substantial Casualty"), and if either (i) Landlord and Tenant in good faith reasonably determine that such damage or destruction cannot reasonably be repaired within a period of three hundred (300) days following the date of such damage or destruction (such determination to be resolved by arbitration pursuant to Section 18.5 if the parties fail to agree within 30 days after the date of damage or destruction), Tenant may terminate this Lease as of the date of such damage or destruction by giving Landlord written notice of termination within sixty (60) days after such damage or destruction; or (ii) such damage or destruction has not been repaired (in fact) within three hundred sixty- five (365) days following the date of such damage or destruction, then in either case Tenant shall have the right, at any time after such period and prior to the completion of repairs and restoration, to terminate this Lease upon thirty (30) days' prior written notice to Landlord. (b) In the event that the Premises are damaged or destroyed to the extent of 10% or more of the replacement cost thereof during the last two (2) Lease Years of the Term and such damage or destruction (or the Restoration Work resulting therefrom) 53 CHG02:3091375.v8 . -,_...........