6.F.(1) Sub-Sublease with Kite Realty Eddy Street Garage

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such company or companies, be in such form, include such deductibles, be confirmed by such professionals, and cover such risks as may from time to time be reasonably acceptable to Tenant and any mortgagee of Tenant and otherwise consistent with the requirements of the Trust Agreement (as defined below). Upon Tenant's written request, Landlord shall forward to Tenant a paid receipt with respect to all such politics of insurance. If Landlord shall refuse or Lail to procure, pay for or keep in force such policies of insurance or to deliver certificates showing the existence of such insurance, Tenant may, at its election, procure, pay for, keep in force and/or from time to time renew such insurance, and the amounts expended therefor shall be reimbursed to "Conant by Landlord within 10 days after demand therefor. ARTICLE, VII. DAMAGE BY CASUALTY Section 7.1. KESTORATION OBLIGATION. (A) In the event of damage to or destruction of the Demised Premises by fire or other casualty (each, a "Casualty Tvent"), Landlord shall promptly restore the Demised Premises to substantially the same condition as existed prior to the damage or destruction. Landlord shall diligently pursue settlement of the casualty claim, shall commence restoration of the damaged or destroyed portion within 30 days from the date of the Casualty F,vent, and thereafter shall diligently and in good faith pursue the same to completion. (I3) In connection with any such restoration, Landlord shall appoint Tenant (or any afliliate designated by Tenant) as Landlord's construction manager for the purpose of granting to Tenant (or any affiliate designated by Tenant) the sole and exclusive responsibility and authority to manage such restoration in accordance with Indiana law. Section 7.2. INSURANCE PROCEEDS. (A) Landlord and Tenant shall jointly settle, adjust or compromise any claims for loss, damage or destruction under the Casualty Insurance or the Builder's Risk Insurance. (B) In the event of a Casualty Event, then: (i) unless.. in the opinion of an independent registered architect, registered engineer or construction manager jointly selected by Landlord and Tenant (the "Professional"), the cost of restoration exceeds the Casualty Insurance Proceeds or the Builder's Risk Insurance Proceeds plus other moneys available for restoration (including without limitation pursuant to Section 7.2(C) of this Lease), or restoration cannot be completed within five years from the date of the Casualty Event, Landlord shall apply (or cause to be applied) all of the Casualty Insurance Proceeds or the Builder's Risk Insurance Proceeds to the restoration of the Demised Premises, and the balance thereof, if any is remaining, shall be applied in furtherance of the Project; or (ii) if, in the opinion of the Professional, the cost of restoration exceeds the Casualty Insurance Proceeds or the E3uilder's Risk Insurance Proceeds plus other moneys available for restoration (including without limitation pursuant [o Section 72(C) of this -6-