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Agreement No. 800617 28. Damage. (a) Scope of Damage. Lessee shall notify Agency in writing immediately upon the occurrence of any damage to the Premises which makes the Premises untenantable (a "Casualty"). Such damage shall be deemed partial if it can be repaired and the Premises made tenantable within 180 days and does not occur during the last year of the Term ("Partial Damage"). All damage other than Partial Damage shall be deemed to be total destruction ("Total Destruction"). (b) Total Destruction. In the event of Total Destruction, the Lease shall terminate as of the date of the Casualty ("Casualty Date"). (c) Partial Damage. In the event of Partial Damage, Agency shall elect in a written notice to Lessee within 60 days of the Casualty Date whether to restore the Premises, at Agency's expense, to their condition prior to the Casualty Date. If Agency elects to restore the Premises, Agency shall diligently pursue such restoration to completion at Agency's sole cost and expense, provided that Lessee shall be responsible for the restoration, at Lessee's expense, of Lessee's fixtures, equipment and other improvements installed by Lessee. Upon such an election, this Lease will remain in effect. If Agency elects not to restore the Premises, Lessee shall elect within 30 days of receipt of Agency'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. Upon 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 Agency restores the Premises, Lessee shall reimburse Agency for the deductible or self-insured retention under any of Agency's insurance policies 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 Agency's insurance. Lessee shall have no right to any insurance proceeds other than proceeds that Lessee obtains 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. 29. Barricades. If requested by Agency, Lessee shall install and maintain barricades, fences, and fence gates of a size and form satisfactory to Agency at such locations as may be designated by Agency at any time while this Lease is in effect, all at Lessee's expense and to Agency's satisfaction. ATTY/AGR/2013.244/SEQUOIA STATION LEASE AGREEMENT REV:01-13-14 VR 5884508.1 Page 17 of 21