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way attributable to any such act, omission or neglect of any kind or nature. Subtenant, its agents, employees or invitees and their respective officers, directors and shareholders and employees shall not be liable to Sublessor or to Sublessor's employees, agents, or invitees for any damage to person or property caused solely and exclusively by any act, omission or neglect of Sublessor, its employees or agents and Sublessor agrees to indemnify and hold harmless Subtenant from all claims for such claims. 17. Casual If the Building or any systems serving the Building or the Premises are damaged by fire or other casualty, Sublessor shall, within forty five (45) business days of such casualty, notify Subtenant (the "Sublessor's Notice") whether or not in the reasonable determination of Sublessor, the damage can be repaired within 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 90 days of receipt of the Landlord's Notice, terminate this Sublease effective as of the date of the other party's receipt of such notice of termination (but Subtenant shall be afforded a reasonable period of time (not to exceed 30 days) to vacate the Premises) and all Rent, Additional Rent or other sums due, abated in proportion to the portion of the Premises rendered unsuitable for use as provided below, shall be prorated as of that date. 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 Sublease, Sublessor shall, within 30 days after the date of Sublessor's Notice, commence the repairs and restoration and proceed with all due diligence to restore the Building or the Premises to substantially the same condition in which it was immediately prior to the happening of the casualty. As soon after Sublessor commences the repairs and restoration as is practical, Subtenant shall commence and pursue to completion the repair and restoration or replacement of Subtenant'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. For such period of time as Subtenant cannot conduct its business from the Premises in a reasonable, prudent and businesslike manner as a result of the condition of the Building or Premises, the services to the Building, or caused by an interruption thereof because of reconstruction activities, all Rent and Additional Rent shall abate. To the extent and during the time that only a portion of the Premises is tenantable and to the extent that Subtenant is able to conduct its business therefrom in a reasonable, prudent and businesslike manner, Subtenant shall receive a fair diminution of Rent based on an estimated percentage of unusable space in the Premises. In the event Sublessor fails to deliver to Subtenant a Landlord's Notice within the required 45 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 45 business day notice period to terminate this Lease as of the date of the casualty. 18. Condemnation. If (i) all or a substantial portion of the Building or the Premises, and/or (ii) so much of the parking area, means of access, or the Land such that the remaining portion(s) materially and adversely affect Subtenant'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 Subtenant can no longer conduct its business at the Premises on a reasonable and prudent basis, Subtenant may terminate this Sublease by giving written notice of termination to Sublessor within 90 days after such taking. In such event, this Sublease shall terminate as of the date of such taking (but Subtenant shall be afforded a reasonable period of time (not to exceed 30 days) to vacate the Premises). All proceeds from any taking or condemnation of the Building, Land and/or Premises shall belong to and be paid to Sublessor. Nothing Page 5 of 9 F-5 A~~cti~ng~ number 1