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11.2 Tenant's Indemnification. Except to the extent caused by Landlord's negligence
<br />or willful misconduct, Tenant shall indemnify, defend and hold Landlord harmless from any claims,
<br />causes of action, liabilities, losses, damages, injunctions, suits, fines, penalties, costs or expenses
<br />(including attorneys' fees and expenses and consultant fees and expenses) caused or alleged to
<br />have been caused by the presence of Hazardous Materials in, on, under, about, or emanating
<br />from the Premises or the Property, including, without limitation, any bodily injury, death, property
<br />damage, natural resource damage, decrease in value of the Premises or the Property, caused or
<br />alleged to have been caused by Tenant or Tenant's Parties' use, storage, handling, treatment,
<br />generation, presence, discharge or release of Hazardous Materials in violation of Tenant's
<br />obligations under this Lease, whether such claims, causes of action or liabilities are first asserted
<br />during the Term or thereafter, and including without limitation, claims made against Landlord with
<br />respect to bodily injury, death or property damage sustained by third parties caused or alleged to
<br />have been caused by Tenant or Tenant's Parties' use, storage, handling, treatment, generation,
<br />presence, discharge or release of Hazardous Materials. Tenant's indemnity obligations under
<br />this Section 11.2 shall survive the expiration or earlier termination of this Lease.
<br />12. DAMAGE AND DESTRUCTION.
<br />12.1 Casualty. If, during the Term, the Premises or Improvements are totally or partially
<br />destroyed from any cause rendering them totally or. partially inaccessible or unusable (the
<br />"Casualty"), then Tenant shall have the right at Tenant's option to give written notice to Landlord
<br />within ninety (90) days after the date of the occurrence of such damage of Tenant's intention to
<br />either (i) repair such damage as soon as reasonably possible at Tenant's expense, or
<br />(ii) terminate this Lease as of the date of the occurrence of such damage. If Tenant elects to
<br />repair the damage, and if the restoration can be made under then existing Laws and Tenant
<br />obtains all necessary permits therefor, then Tenant shall restore the Premises (including
<br />Improvements) to substantially the same condition as they were in immediately before the
<br />destruction, or as Landlord may otherwise approve in its reasonable discretion. If the restoration
<br />cannot be so made, then Tenant may terminate this Lease immediately by giving written notice
<br />to Landlord. If the existing Laws do not permit the restoration, either party may terminate this
<br />Lease by giving sixty (60) days' prior written notice to the other party, with no abatement or
<br />reduction of Rent.
<br />12.2 Waiver. The provisions of this Lease contain an express agreement between
<br />Landlord and Tenant that applies in the event of any Casualty. Tenant fully waives the provisions
<br />of any statute or regulation, including California Civil Code sections 1932(2) and 1933(4) (as
<br />amended from time to time, and successor statutes thereto) for any rights or obligations
<br />concerning a Casualty.
<br />13. INTENTIONALLY OMITTED.
<br />14. DEFAULT.
<br />14.1 Events of Default. Where "default" is used in this Lease with reference to Tenant,
<br />default refers to any breach of Tenant's obligations under this Lease, however brief. Where
<br />Tenant's default continues for the period specified below, it shall, at Landlord's option, constitute
<br />an Event of Default giving rise to the remedies set forth in Sections 14.2 and 14.3 below. The
<br />REV: 01-21-2022 SK 11
<br />ATTY/AGR.2022.010 2/City- County Land Swap (Page 17 of 34)
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