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resolution of necessity and pursuant to other provisions of applicable law, City shall not be a <br />construed as pursuing or effectuating a Taking or acting as a "condemning authority" under this <br />Lease. <br />ARTICLE 11. <br />DAMAGE OR DESTRUCTION <br />Section 11.1 Damage or Destruction to Leased Premises. Lessee shall give prompt <br />written notice to Lessor after the occurrence of any fire, earthquake, act of God or other casualty <br />to or in connection with the Leased Premises, the Improvements or any portion thereof <br />(hereinafter sometimes referred to as "Casualty"). Subject to Section 11.2 below, if during the <br />Term the Improvements shall be damaged or destroyed by Casualty, Lessee shall repair or <br />restore the Improvements, so long as Lessee determines, in its reasonable discretion, that it is <br />feasible to do so and in such event Lessee provides or causes to be provided sufficient additional <br />funds which, when added to such insurance proceeds, will fully effect such repair or restoration. <br />Upon the occurrence of any such Casualty, Lessee, promptly and with all due diligence, shall <br />apply for and collect all applicable insurance proceeds recoverable with respect to such Casualty, <br />for the benefit of the Lenders. In the event that Lessee shall determine, with Investor's prior <br />written consent during the Compliance Period (as defined in Section 42 of the Code), subject to <br />the rights of the Lenders, by notice to Lessor given within thirty (30) days after receipt by Lessee <br />of any such insurance proceeds, that it is not economically practical to restore the Improvements <br />and/or the Leased Premises to substantially the same condition in which they existed prior to the <br />occurrence of such Casualty, then, subject to the written approval of Lenders, Lessee may <br />terminate this Lease as of a date that is not fewer than thirty (30) days after the date of such <br />notice. If Lessee terminates this Lease pursuant to this Section 11. 1, Lessee shall surrender <br />possession of the Leased Premises to Lessor immediately and assign to Lessor (or, if same has <br />already been received by Lessee, pay to Lessor) all of its right, title and interest in and to the <br />proceeds from Lessee's insurance upon the Leased Premises, subject to the prior rights of any <br />Lender therein, as referenced in Section 11.3 below. <br />Section 11.2 Damage or Destruction Near End of Term. If, during the last seven (7) <br />years of the Term, the Improvements shall be damaged by Casualty, then Lessee shall have the <br />option, to be exercised within one hundred twenty (120) days after such Casualty: <br />(a) to repair or restore the Improvements as hereinabove provided in this <br />Article I L or <br />(b) subject to the rights and approval of Lenders, to terminate this Lease by <br />notice to Lessor, which termination shall be deemed to be effective as of the date of Casualty. If <br />Lessee terminates this Lease pursuant to this Section 11.2, Lessee shall surrender possession of <br />the Leased Premises to Lessor immediately and assign to Lessor (or, if same has already been <br />received by Lessee, pay to Lessor) all of its right, title and interest in and to the proceeds from <br />Lessee's insurance upon the Leased Premises, subject to the prior rights of any Lender therein, as <br />referenced in Section 11.3 below. <br />30 <br />4859-3312-3005v5 <br />