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of any /rind or nature attributable to or arising out of the actions or failure to act of Tenant, its officers, directors, employees, customers or invitees. 16. Casualty. If the Premises are damaged by fire or other casualty, Lessor shall, within sixty (60) business days of such casualty, notify Tenant (the "Lessor's Notice ") whether or not in the reasonable determination of Lessor, the damage can be repaired within one hundred and eighty (180) days of such notice (the "Restoration Period "). If repairs and restoration cannot be completed within the Restoration Period either party may, at its option, within ninety (90) days of receipt of the Lessor's Notice, terminate this Lease effective as of the date of the other party's receipt of such notice of termination. Tenant shall be afforded a reasonable period of time (not to exceed 60 days) to vacate the Promises. If the repairs and restoration can be accomplished within the Restoration Period, or if the repairs cannot be done within the Restoration Period and neither party chooses to terminate this Lease, Lessor shall, within sixty (60) days after the date of Lessor's Notice, commence the repairs and restoration and proceed with all due diligence to restore the premises to substantially the same condition in which it was immediately prior to the happening of the casualty. As soon after Lessor commences the repairs and restoration as is practical, Tenant shall commence and pursue to completion' the repair and restoration or replacement of Tenant's fixtures and personal property. Each party shall proceed with their respective work in a timely and diligent manner using the same or better quality materials as existing prior to the casualty, and they shall use their best efforts not to interfere with, annoy or inconvenience the other party. In the event Lessor fails to deliver to Tenant a Lessor's Notice within the required sixty (60) business day period as to whether or not the damage can be repaired within the Restoration Period, Tenant shall have the right any time after the expiration of the sixty (60) business day notice period to terminate this Lease as of the elate of the casualty. 17. Condemnation. If (i) all or a substantial portion of the Premises, and/or (ii) so much of the parking area, means of access such that the remaining portions) materially and adversely affect Tenant's use, is taken for any public or quasi - public use by right of eminent domain or otherwise (including a sale in lieu of condemnation), such that Tenant can no longer conduct its business at the Premises on a reasonable and prudent basis, Tenant may terminate this Lease by giving written notice of termination to Lessor within ninety (90) days after such taking. In such event, this Lease shall terminate as of the date of such taping. Tenant shall be afforded a reasonable period of time (not to exceed sixty (60) days) to vacate the Premises. All proceeds from any taping or condemnation of the Premises shall belong to and be paid to Lessor. Nothing contained herein., however, shall prevent Tenant from seeking a separate award from the condemning authority for any loss of Tenant's personal property and equipment, moving expenses, leasehold interests, or other losses relating to Tenant's business so long as such separate award shall not result in a reduction of proceeds payable to Lessor. 18. Force Majeure. If either Lessor or Tenant is delayed or prevented from completing the performance of any obligation under this Lease by reason of accident, Attachment number 3 F -2 Page 85