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would materially and adversely interfere with the conduct of Tenant's business in the Premises for more than ninety (90) days, then this Lease may be terminated at Tenant's option upon written notice to Landlord within sixty (60) days of such casualty. (c) In the event that the Premises are damaged or destroyed to such an extent that Tenant cannot practicably operate its business therein and Landlord and Tenant in good faith reasonably determine that, due to factors beyond the reasonable control of Landlord or Tenant (such as, without limitation, a moratorium on the issuance of building permits or the unavailability of other required governmental approvals), such damage or destruction cannot reasonably be repaired within a period of two (2) years following the date of such damage or destruction (such determination to be resolved by arbitration in accordance with Section 18.5 if the parties are unable to agree within 30 days following the date of such damage or destruction), then Tenant shall have the right to terminate this Lease upon notice to Landlord within thirty (30) days after the date such determination is made. (d) Tenant waives any statutory rights of termination which may arise by reason of any partial or total destruction of the Premises, provided, however that such waiver shall not prejudice or otherwise affect Tenant's express termination rights hereunder. If (and only if) this Lease is terminated in accordance with this Section 16.3, then neither Landlord nor Tenant shall be obligated to undertake the applicable Restoration Work. (e) If this Lease is terminated in accordance with this Section 16.3, then Landlord shall pay to Tenant (from the insurance proceeds or otherwise), an amount equal to the unamortized cost of Tenant's Work, as shown on the books and records maintained by Tenant in accordance with GAAP and for federal income tax reporting purposes. Section 16.4 Tenant's Special Self-Help Riehts. If the Parking Facility or the Common Areas or other facilities within the Protected Area shown on the Site Plan attached hereto are damaged or destroyed in any manner that directly or indirectly materially interferes with the conduct of Tenant's business in the Premises and either (i) Landlord fails to commence Landlord's Restoration Work with respect thereto within sixty (60) days after the date of such damage or destruction or as soon thereafter as is reasonably practical or (ii) Landlord commences Landlord's Restoration Work with respect thereto but subsequently fails to prosecute the completion of Landlord's Restoration Work diligently, then unless Landlord commences or recommences the diligent prosecution of Landlord's Restoration Work within thirty (30) days after Tenant notifies Landlord (and each mortgagee of the Center to whom Tenant has been directed in writing to give notices of Landlord's default) of such failure: (a) such failure shall constitute a material default by Landlord hereunder, and (b) in addition to all other remedies available to Tenant as a consequence of such default, to the fullest extent permitted by Applicable Laws Tenant shall have the 54 CHG02:3091375.v8 . _.... --..