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a sprinkler leakage or water damage policy regardless of whether or not such coverage is being carried by the releasing party, and (b) to the extent of recovery under any other casualty,which accident,occurrence or casualty may have resulted in whole or in part from any act or neglect of the released party,its officers,agents or employees;and insofar as Tenant is the releasing party,it will also release the other tenants in the Building from any such liability as if the other tenants were each a released party under this section. Notwithstanding anything contained in this Lease to the contrary,Landlord shall not be liable for any damage to person or party arising from the negligent act or omission of any other tenant or occupant of the Building,and Tenant hereby expressly waives any claim for such damages. ARTICLE IX-DESTRUCTION OR DAMAGE TO PREMISES SECTION 9.1. PARTIAL OR TOTAL DESTRUCTION OF BUILDING. In the event the Building comprising the Premises shall be partially or totally destroyed by fire,explosion or other casualty,insurable under standard fire and extended coverage insurance,so as to become partially or totally tenantable,the same shall be repaired as soon as possible at the expense of Landlord,unless Landlord shall elect not to rebuild as hereinafter provided,and a proportionate part of the Rent in proportion to the portion of the Premises which are rendered untenantable shall be abated until so repaired. If the damage is substantial,Landlord shall have a period of thirty(30)days after the occurrence of any such casualty to decide whether or not the Building and Premises shall be repaired. In the event Landlord elects not to rebuild and repair, this Lease shall terminate effective as of the date of the casualty and any prepaid Rent or CAM shall be proportionately refunded to Tenant within thirty(30)days. In the event Landlord decides to rebuild and repair,it shall proceed as rapidly as possible to begin and complete those repairs;Provided,however,that such repairs shall be completed within sixty(60)days of award of a construction contract,and the Rent and CAM shall continue to be proportionately abated until the repair is completed,at which time regular Rent and CAM payments shall be due and payable. SECTION 9.2. RIGHTS ON TERMINATION. In the event of the termination of this Lease under the provisions in this Article contained,all rent shall be adjusted to the date of such damage or destruction and all liabilities and obligations under this Lease shall be immediately terminated. ARTICLE X-EMINENT DOMAIN SECTION 10.1. CONDEMNATION. If twenty percent(20%)or more of the Premises shall be taken by public authority,under the power of eminent domain,Tenant may cancel this Lease by written notice of such termination and,thereupon,this Lease,and the Term herein demised,shall cease and terminate. SECTION 10.2. DAMAGES. All damages awarded for such taking under the power of eminent domain,whether for the whole or a part of the Premises,shall be the property of Landlord;provided,however,that Landlord shall not be entitled to any award made to Tenant for diminution in value or loss of the leasehold,loss of business,and depreciation to and cost of removal of stock and fixtures. SECTION 10.3. PUBLIC AUTHORITY AND EMINENT DOMAIN DEFINED. The term"public authority"as used in this Article shall include any corporation,firm or association,whether publicly or privately owned,having the statutory power of eminent domain. The term "eminent domain"shall include the exercise of any similar governmental power and any purchase or other acquisition in lieu of condemnation. SECTION 10.4. RIGHTS ON TERMINATION. In the event of the termination of this Lease under the provisions in this Article contained,all Rent and CAM shall be adjusted to the date of such termination and all liabilities and obligations under this Lease shall be immediately terminated. ARTICLE XI—REMEDIES SECTION 11.1. DEFAULT. The occurrence of any one or more of the following events constitutes a default("Default") by Tenant under this Lease: (a) After ten(10)days,failure by Tenant to pay when due any Rent or CAM as provided in this Lease; -6-