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Damage is equal to or greater than twenty -five percent (25 %) of the cost to replace such building; or (c) there is Casualty Damage to the buildings (taken in the aggregate) in the Building, and the cost to repair such Casualty Damage is equal to or greater than twenty -five percent (25 %) of the cost to replace such buildings; then Landlord may elect either to: (1) repair or rebuild the Premises, the building of which the Premises is a part, or the aggregate buildings in the Building, as applicable; or (2) terminate this Lease upon delivery of written notice to Tenant within ninety (90) days after the occurrence of the Casualty Damage. (c) Partial Abatement of Rent. Base Rent shall be abated proportionately (based upon the proportion that the unusable space in the Premises due to the Casualty Damage bears to the total space in the Premises) for each day that the Premises or any part thereof is unusable by reason of any Casualty Damage. (d) Repair of Tenant Improvements. If Landlord is required or elects to repair the Premises, then Tenant shall repair or replace: (i) the alterations, improvements, and additions to the Premises made by Tenant; and/or (ii) any equipment of Tenant located on, in, or about the Premises. (e) Notice. Tenant shall give Landlord prompt written notice of any Casualty Damage in or to the Premises or the Common Areas of which Tenant has knowledge. 9.2. Condemnation. If: (a) all or a substantial part of the Premises is taken or condemned for public or quasi- public use under any statute or by the right of eminent domain; or (b) all or a substantial part of the Premises is conveyed to a public or quasi - public body under threat of condemnation (collectively, the "Condemnation .'); and the Condemnation renders the Premises unsuitable for use for Tenant's Use, then, at the option of either Landlord or Tenant exercised within ninety (90) days after the Condemnation occurs: (i) this Lease shall terminate as of the date possession of all or such part of the Premises is taken by, or conveyed to, the condemning authority; (ii) all Rent shall be apportioned as of the date that possession of all or such part of the Premises is taken by, or conveyed to, the condemning authority; and (iii) all obligations hereunder, except those due or mature, shall cease and terminate. If there is a Condemnation with respect to: (A) more than twenty -five percent (25 %) of the square footage of the building of which the Premises is a part; or (B) more than twenty -five percent (25 %) of the aggregate square footage of the Building; then Landlord, at its option, exercised within ninety (90) days after the Condemnation occurs, may elect to terminate this Lease as of the date possession of such square footage is taken by, or conveyed to, the condemning authority, and: (i) all Modified Gross Rent shall be apportioned as of the date that possession of such square footage is taken by, or conveyed to, the condemning authority; and (ii) all obligations hereunder, except those due or mature, shall cease and terminate. All compensation awarded or paid for the Condemnation (the "Condemnation Proceeds ") shall belong to and be the sole property of Landlord; provided that Landlord shall not be entitled to the amount of any Condemnation Proceeds awarded or paid solely to Tenant for loss of business or costs and expenses of relocation and removing improvements and equipment. If neither Landlord nor Tenant elects to terminate this Lease pursuant to this Section 9.2, then Landlord shall be responsible for the performance of all work necessary to make the Premises usable by Tenant; provided that Landlord shall not be obligated to incur costs for such work in excess of the Condemnation Proceeds awarded or paid to Landlord and remaining after: (y) Landlord's mortgagee has withheld any amount of the proceeds to which it is entitled, if any; and (z) deduction for any expenses incurred in collecting the Condemnation Proceeds. If neither Landlord nor Tenant elects to terminate this Lease pursuant to this Section 9.2, or if any Condemnation is temporary in nature, then Base Rent shall be abated proportionately (based upon the proportion that the that area Premises taken by, or conveyed to, the condemning authority bears to the total space in the Premises) for each day that the Premises or any part thereof is unusable by reason of the Condemnation. ARTICLE X. SURRENDER. 10.1. Surrender of Leased Premises. Except as herein otherwise expressly provided in this Article X, Tenant shall surrender and deliver up the Premises, together with all property affixed to the Premises, to Landlord at the expiration or other termination of this Lease or of Tenant's right to possession hereunder, without fraud or delay, in good order, condition and repair except for reasonable wear and tear after the last necessary repair, replacement, or restoration is trade by Tenant, free and clear of all liens and encumbrances, and without any payment or allowance whatsoever by Landlord on account of any improvements made by Tenant.