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t and effect, in which case Tenant shall repair any damage to the Premises. Tenant shall pay the cost of such repairs, except that upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by Landlord for the damage repaired by Tenant. Tenant shall give Landlord ' written notice of such election within ten (10) days after receiving Landlord's termination notice. If the damage to the Premises (whether partial under this Section 8.1 or substantial or total destruction under Section 8.2) occurs during the last six (6) months of the Term and such damage will require more than thirty (30) days to repair, either Landlord or Tenant may elect to terminate this Lease as of the date the damage ' occurred, regardless of the sufficiency of any insurance proceeds. The party electing to terminate this Lease shall give written notification to the other party of such election within thirty (30) days after Tenant's notice to Landlord of the occurrence of the damage. 8.2 Substantial or Total Destruction. If the Premises is substantially or totally destroyed by any cause whatsoever, this Lease shall terminate as of the date the destruction occurred whether or not the damage or destruction was caused by a negligent or willful act of Tenant. Notwithstanding the preceding sentence, if the Premises can be rebuilt within six (6) months after the date of destruction, Landlord may elect to rebuild the Premises, in which case the Lease shall remain in full force and effect. Landlord shall notify Tenant of such election within thirty (3) days after Tenant's notice of the occurrence. If Landlord so elects, Landlord shall rebuild the Premises at Landlord's sole expense. In the event that the damage or destruction was caused by Tenant, Landlord shall have the right to recover Landlord's losses not covered by insurance. 8.3 Temporary Reduction of Rent, Remedies. If the Premises is destroyed or damaged and the Lease is continued, any rent payable during the period of such damage, repair and/or restoration (not to exceed the period provided for by any rental value insurance on the Premises) shall be reduced according to the degree, if any, to which Tenant's use of the Premises is impaired. Except for such possible reductions in the Additional Rent, insurance premiums and real property taxes, Tenant shall not be entitled to any compensation, reduction or reimbursement from Landlord as a result of any damage, destruction, repair or restoration of or to the Premises. If Landlord is obligated to repair or restore the Premises under the provisions of this ARTICLE 8 and shall not commence, in a substantial and meaningful way, the repair or restoration of the Premises within ninety (90) days after such obligation shall accrue, Tenant may, at any time prior to the commencement of such repair or restoration of the Premises, give written notice to Landlord of Tenant's election to terminate this Lease on a date no less than sixty (60) days following the giving of such notice. If Tenant gives such notice to Landlord and such repair or restoration is not commenced within thirty (30) days after receipt of such notice, this Lease shall terminate as of the date specified in the notice. If Landlord commences the repair or restoration of the Premises within thirty (30) days after receipt of such notice, this Lease shall continue in full force and effect. "Commence" as used in this Section 8.3 shall mean either the unconditional authorization of the preparation of the required plans or the beginning of the actual work on the Premises, whichever occurs first. ARTICLE 9 CONDEMNATION 9.1 Condemnation. If all or any portion of the Premises is taken under the power of eminent domain or sold under the threat of that power (all of which are called "Condemnation"), this Lease shall terminate as to the part taken or sold on the date the condemning authority takes title or possession, whichever occurs first. If more than twenty percent (20) of the floor area of the building which is part of the Premises is taken, either Landlord or Tenant may terminate this Lease as of the date the condemning authority takes title or possession, by delivering written notice to the other within ten (10) days after receipt 11 F-6 Attachment number 1 Page 188 of 286