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8.8. The Tenant will not allow said Premises to be used for any purpose that will increase the rate of insurance thereon, nor to be occupied in whole or in part by any other person. ARTICLE IX. CASUALTY AND CONDEMNATION. 9.1. Casual . (a) Insubstantial Damage. If the Premises is damaged by fire or any other casualty (the "Casualty Damage "), and the estimated cost to repair such Casualty Damage is less than fifty percent (50 %) of the estimated cost to replace the Premises, then Landlord shall repair such Casualty Damage so long as sufficient insurance proceeds recovered as a result of such Casualty Damage remain after: (i) Landlord's mortgagee has withheld any amount of the proceeds to which it is entitled, if any; and (ii) deduction for any expenses incurred in collecting the insurance proceeds. Notwithstanding anything to the contrary set forth herein, in no event shall Landlord be required to repair or replace: (1) the improvements to the Premises made by Tenant; or (2) any trade fixtures, equipment, or inventory of Tenant (or any other person or entity) located on, in, or about the Premises. (b) Substantial Damage. If. (i) there is Casualty Damage to the Premises, and the cost to repair such Casualty Damage is equal to or greater than fifty percent (50 %) of the estimated cost to replace the Premises; (ii) there is Casualty Damage to the building of which the Premises is a part, and the cost to repair such Casualty 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. Basic 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 Modified Gross 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