Common use of Casualty and Condemnation Clause in Contracts

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000), Tenant shall give Landlord prompt notice thereof. So long as no Event of Default exists, Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(a) (except public liability insurance claims payable to a Person other than Tenant, or Landlord) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding return of unearned premiums, directly to Landlord and Tenant jointly, and Tenant hereby appoints Landlord as Tenant’s attorney-in-fact to endorse any draft therefor.

Casualty and Condemnation. (a) If Subject to the provisions of this Article XIV, if all or any portion of the Leased Property suffers a Casualty (other than a Significant Casualty as to which a Termination Notice has been given), Lessee shall control the negotiations with the relevant insurer and, except as otherwise provided in this Section 14.1, any insurance proceeds payable with respect to such Casualty shall be paid directly to the Lessee, or if received by the Collateral Agent or any Participant, shall be paid over to the Lessee and shall be used by Lessee solely for the reconstruction, restoration and repair of such Leased Property, and if the use of, access to, occupancy of or title to the Leased Premises occurs Property or any part thereof is the subject of a Condemnation (other than a Significant Condemnation as to which a Termination Notice has been given), then any award or compensation relating thereto shall be paid, except as otherwise provided in the Ground Lease and the other Related Agreements, and this Section 14.1, to the Lessee and shall be used by Lessee solely for the restoration of the Leased Property. Any insurance proceeds for which are reasonably estimated by Tenant to be equal to or condemnation award or compensation in excess of Two Hundred Fifty Thousand Dollars $2,000,000 for any single Casualty or Condemnation which are payable with respect to a Casualty or Condemnation ($250,000)whether or not a Significant Casualty or a Significant Condemnation, Tenant respectively) shall give Landlord prompt notice thereofbe held in trust by the Collateral Agent in a segregated account (the “Proceeds Account”) for reimbursement to the Lessee from time to time during the course of the Lessee’s restoration of the Leased Property and compliance with the provisions of Article IX hereof. So long as no Event Any such amounts held by the Collateral Agent shall be invested by the Collateral Agent in Permitted Investments at the direction of Default existsthe Lessee from time to time, Tenant is hereby authorized with all interest and earnings on such investments being payable to adjustthe Lessee promptly upon receipt thereof by the Collateral Agent from time to time. All amounts held by the Lessor, collect and compromise all claims under the Collateral Agent or any of the Lenders on account of any award, compensation or insurance policies required proceeds paid directly to or otherwise received by the Lessor, the Collateral Agent or any of the Lenders shall promptly be remitted to the Lessee (or if the immediately preceding sentence is applicable, the Collateral Agent) to be applied in accordance with this Section 15(a14.1. Each of the Lessee and the Lessor shall, prior to any deposit contemplated by this Section 14.1 in the Proceeds Account, and thereafter from time to time as reasonably requested by the Collateral Agent, take any and all actions (including, without limitation, the execution of such security and other agreements and UCC financing statements as the Collateral Agent shall reasonably request) reasonably requested by the Collateral Agent in order to grant to the Collateral Agent (except public liability insurance claims payable to a Person other than Tenant, or Landlord) and to execute and deliver on behalf of Landlord the Participants) a first priority perfected Lien on and security interest in the Proceeds Account and any and all necessary proofs amounts and other property from time to time on deposit therein. To the extent that Lessor has Funded amounts for the repair, rebuilding and reconstruction of lossthe Leased Property, receiptsand insurance proceeds or condemnation awards are received thereafter, vouchers such proceeds and releases required awards in amounts equal to such Fundings by Lessor shall be paid to the insurers Collateral Agent and Landlord shall have applied in accordance with Section 5.3(d)(iii) of the right to join with Tenant thereinParticipation Agreement. Notwithstanding the foregoing, if any final adjustmentEvent of Default shall have occurred and be continuing, settlement all awards, compensations or compromise insurance proceeds shall be paid directly to the Collateral Agent or, if received by the Lessee, shall be held in trust for the Participants and shall be paid over by the Lessee to the Collateral Agent. All amounts held by the Lessor or the Collateral Agent on account of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject award, compensation or insurance proceeds either paid directly to the prior written approval Lessor or the Collateral Agent or turned over to the Lessor or the Collateral Agent, in each case after the occurrence and during the continuance of Landlord. If an Event of Default existsDefault, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise at the option of the Net Award payable Lessor (at the direction of the Participants) either be (A) paid to the Lessee for the repair of damage caused by such Casualty or Condemnation in connection accordance with a Casualty. Tenant agrees this clause (a), or (B) applied pursuant to sign, upon Section 5.3 of the request Participation Agreement to the Lease Balance and any other amounts owed by Lessee under the Operative Documents in accordance with Article XVI hereof and Section 5.3(j) of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding return of unearned premiums, directly to Landlord and Tenant jointly, and Tenant hereby appoints Landlord as Tenant’s attorney-in-fact to endorse any draft thereforthe Participation Agreement.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000), Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no monetary Event of Default existsexists and is continuing, Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(a) (except public liability insurance claims payable to a Person other than Tenant, or LandlordParagraph 16(a) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall cooperate with Tenant in connection with such claims and shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of LandlordLandlord (which shall not be unreasonably withheld or delayed) and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an a monetary Event of Default existsexists and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Casualty and during such period Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, subject to the terms of Paragraphs 17(c) and Tenant hereby appoints 19. The rights of Landlord as Tenant’s attorney-in-fact under this Paragraph 17(a) shall be extended to endorse Lender if and to the extent that any draft thereforMortgage so provides.

Casualty and Condemnation. (a) If any Casualty occurs to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)any Related Premises, Tenant shall give Landlord prompt and Lender notice thereofthereof as soon as practicable. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect adjust and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord and Lender shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of LandlordLandlord and Lender, which shall not be unreasonably withheld, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect adjust or compromise any such claim or to participate with Landlord in any adjustment, collection adjustment and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the reasonable request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each Except as otherwise specifically provided in Paragraph 16(i), each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are is reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,00050,000), Tenant shall give Landlord and Lender prompt notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect adjust and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorneyattorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000), Tenant shall give Landlord and Lender prompt notice thereofof the occurrence of any Casualty. So long as Landlord and Lender, in their discretion and upon notice to Tenant (except that no notice to Tenant shall be required if an Event of Default existshas occurred and is continuing), Tenant is hereby authorized to may adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant thereininsurers. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim Provided that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an no Event of Default existshas occurred and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord and Lender in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of LandlordLandlord or Lender, all such proofs of loss, receipts, vouchers and releases. If Landlord or Lender so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Any final adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Landlord and Lender, and Landlord and Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are is reasonably estimated by Tenant to be equal to or in excess of Two One Hundred Fifty Thousand Dollars ($250,000100,000), Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(a) (except public liability insurance claims payable to a Person other than Tenant, or LandlordParagraph 16(a) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers insurers, and Landlord shall have the right to join with Tenant thereinif the amount of any such claim is in excess of Five Hundred Thousand Dollars ($500,000). Notwithstanding the foregoing, any final Any adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) 500,000 shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Landlord shall have the right to prosecute or contest any such claim, adjustment, settlement or compromise and, in connection therewith, Tenant hereby irrevocably assigns to Landlord any and all interest it has or may have in such claim. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and or compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policiespolicies in excess of $500,000 directly to Landlord or, excluding return if required by the Mortgage or requested by Landlord or Lender pursuant to the Mortgage, to Lender instead of unearned premiums, directly to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to any of the Leased Related Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)the Threshold Amount, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as (i) no Event of Default Default, exists, and (ii) Tenant does not give a Termination Notice to Landlord, Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of LandlordLandlord and Lender, and Landlord and Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant Casualty and, in such event, agrees to sign, upon the request of Landlord, all such accurate proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding return if required by the Mortgage, to Lender instead of unearned premiums, directly to Landlord and Tenant jointly, . The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and Tenant hereby appoints Landlord as Tenant’s attorney-in-fact to endorse the extent that any draft thereforMortgage so provides.

Casualty and Condemnation. (a) If any Casualty occurs to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)any Related Premises, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, Tenant is Landlord and Lender are hereby authorized to adjust, collect and compromise compromise, in their discretion and upon notice to Tenant (except that no notice to Tenant shall be required if an Event of Default has occurred and is continuing), all claims under any of the insurance policies required by Section 15(a) Paragraph (16)a (except public liability insurance claims payable to a Person other than Tenant, or LandlordLandlord of Lender) and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant thereininsurers. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim Provided that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an no Event of Default existshas occurred and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord and Lender in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. So long as no Event of Default exists, any Net Award up to and including $250,000 for any Related Premises shall be paid by Landlord to Tenant and Tenant shall restore the applicable Related Premises in accordance with the requirements of paragraph 13(b) of this Lease. Any Net Award in excess of $250,000 for any Related Premises (unless such Casualty resulting in the Net Award is a Termination Event), shall, upon receipt, be made available by Landlord (or Lender if the terms of the Mortgage so require) to Tenant for the restoration of any of the applicable Related Premises pursuant to and in accordance with and subject to the provisions of Paragraph 19 hereof. Tenant agrees to sign, upon the request of LandlordLandlord or Lender, all such proofs of loss, receipts, vouchers and releases. If Landlord or Lender so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Any adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Landlord and Lender (which approval shall not be unreasonably withheld or delayed), and Landlord and Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If a)If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)occurs, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, Tenant is Landlord and Lender are hereby authorized to adjust, collect and compromise compromise, in their discretion and upon notice to Tenant (except that no notice to Tenant shall be required if an Event of Default has occurred and is continuing), all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant thereininsurers. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim Provided that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an no Event of Default existshas occurred and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord and Lender in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of LandlordLandlord and Lender, all such proofs of loss, receipts, vouchers and releases. If Landlord or Lender so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Any adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Landlord and Lender, and Landlord and Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of or unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)occurs, Tenant shall give Landlord and Lender prompt notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjustnegotiate, collect collect, settle and compromise in good faith all claims less than $250,000.00, without Landlord's or Lender's prior consent, under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars (greater than or equal to $250,000) 250,000.00 shall be subject subject, however, to the prior written approval consent of Landlord, and, if Landlord does not reasonably consent, Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Landlord's consent shall not be unreasonably withheld, and shall be deemed given, if such consent is not forthcoming within ten (10) business days after Landlord's receipt of Tenant's written request for approval. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty occurs to any of the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)Related Premises, Tenant shall give Landlord prompt and Lender notice thereofthereof as soon as practicable. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord and Lender shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of LandlordLandlord and Lender, which shall not be unreasonably withheld, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the reasonable request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to any of the Leased Related Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)occurs, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000), Tenant shall give Landlord prompt notice thereofof the occurrence of any Casualty. So long as no If an Event of Default exists, Tenant Landlord is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a)(i), (vii) and (vii) (except public liability insurance claims payable to a Person other than Tenant, or LandlordInsurance) and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Provided that no Event of Default has occurred and is continuing, Tenant shall adjust, collect and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord or Lender, all such commercially reasonable proofs of loss, receipts, vouchers and releases. If Landlord or Lender so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Any adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Landlord and Lender, such approval not to be unreasonably withheld, conditioned or delayed, and Landlord and Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by any Loan Document, to Lender instead of to Landlord and Tenant jointly, . The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and Tenant hereby appoints Landlord as Tenant’s attorney-in-fact to endorse the extent that any draft thereforLoan Document so provides.

Casualty and Condemnation. (a) If any Casualty to either of the Leased Related Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)occurs, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld or delayed, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000), Tenant shall give Landlord prompt immediate notice thereofof the occurrence of any Casualty. So long as Subject to Paragraph 17(b), Landlord, in its reasonable discretion and upon notice to Tenant (except that no notice to Tenant shall be required if an Event of Default existshas occurred and is continuing), Tenant is hereby authorized to may adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(b) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant thereininsurers. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim Provided that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an no Event of Default existshas occurred and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award insurance claim payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each If Landlord so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Any adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Landlord, and Landlord Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Subject to Paragraph 17(b), each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord instead of to Landlord and Tenant jointly, and Tenant hereby appoints Landlord as Tenant’s attorney-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)occurs, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(a) (except public liability insurance claims payable to a Person other than Tenant, or LandlordParagraph 16(a) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policiespolicies directly to Landlord or, excluding return if required by the Mortgage, to Lender instead of unearned premiums, directly to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)occurs, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, Tenant is Landlord and Lender are hereby authorized to adjust, collect and compromise compromise, in their discretion and upon written notice to Tenant (except that no notice to Tenant shall be required if an Event of Default has occurred and is continuing), all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required 23 26 by the insurers and Landlord shall have the right to join with Tenant thereininsurers. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim Provided that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an no Event of Default existshas occurred and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord and Lender in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of LandlordLandlord and Lender, all such proofs of loss, receipts, vouchers and releases. If Landlord or Lender so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Any adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Landlord and Lender, and Landlord and Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of or unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased any Related Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)occurs, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld or delayed, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the reasonable request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each Except as specifically provided in Paragraph 16(j) hereof, each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand One Million Dollars ($250,0001,000,000), Tenant shall give Landlord prompt notice thereof. So long as no Event of Default exists, Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(a) (except public liability insurance claims payable to a Person other than Tenant, or Landlord) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand One Million Dollars ($250,0001,000,000) shall be subject to the prior written approval of Landlord. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding return of unearned premiums, directly to Landlord and Tenant jointly, and Tenant hereby appoints Landlord as Tenant’s attorney-in-fact to endorse any draft therefor.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000), Tenant shall give Landlord prompt immediate notice thereofof the occurrence of any Casualty at the Leased Premises. So long as Landlord, in its sole and absolute discretion and upon notice to Tenant (except that no notice to Tenant shall be required if an Event of Default existshas occurred and is continuing), Tenant is hereby authorized to may adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(b) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant thereininsurers. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim Provided that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an no Event of Default existshas occurred and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award insurance claim payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Landlord reserves the right to join Tenant in any claim. If Landlord so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord shall have the right to join with Tenant therein. Any adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Landlord, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord instead of to Landlord and Tenant jointly, and Tenant hereby appoints Landlord as Tenant’s attorney-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000), Tenant shall give Landlord prompt and Lender immediate notice thereofof the occurrence of any Casualty. So long as Landlord and Lender, in their discretion and upon notice to Tenant (except that no notice to Tenant shall be required if an Event of Default existshas occurred and is continuing), Tenant is hereby authorized to may adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(b) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant thereininsurers. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim Provided that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an no Event of Default existshas occurred and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord and Lender in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of LandlordLandlord or Lender, all such proofs of loss, receipts, vouchers and releases, subject to Tenant’s reasonable approval thereof. If Landlord or Lender so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Any adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Landlord and Lender, and Landlord and Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorneyattorneys-in-fact to endorse any joint draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty occurs to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)Premises, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as thereof and, provided no Event of Default existshas occurred and is continuing, Tenant is hereby authorized shall have the right to adjust, collect and compromise compromise, subject to Landlord's and Lender's final approval, all claims under any of the insurance policies required by Section 15(aParagraph 16 (a) (except public liability insurance claims payable to a Person other than Landlord, Tenant or Lender) reasonably estimated by Landlord and Lender to be in amounts of less than $50,000. Landlord and Lender are hereby authorized to adjust, collect and compromise, in their discretion and upon notice to Tenant (except that no notice to Tenant shall be required if an Event of Default has occurred and is continuing), all other claims under any of the insurance policies required by Paragraph 16 (a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and, if an Event of Default exists, all claims for amounts of less than $50,000 and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant thereininsurers. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim Provided that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an no Event of Default existshas occurred and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord and Lender in any adjustment, collection and compromise of the Net Award payable in connection with a CasualtyCasualty where the Net Award is reasonably estimated by Landlord and Lender to be in an amount of $50,000 or more. Tenant agrees to sign, upon the request of LandlordLandlord or Lender, all such proofs of loss, receipts, vouchers and releases. If Landlord or Lender so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Any adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Landlord and Lender, and Landlord and Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by a Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor.

Casualty and Condemnation. (a) If any Casualty occurs to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)any Related Premises, Tenant shall give Landlord and Lender prompt notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) Dollars shall be subject to the prior written approval of Landlord, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proper proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policiespolicies directly to Landlord or, excluding return if required by the Mortgage, to Lender instead of unearned premiums, directly to Landlord and Tenant jointly, . The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and Tenant hereby appoints Landlord as Tenant’s attorney-in-fact to endorse the extent that any draft thereforMortgage so provides.

Casualty and Condemnation. (a) If any Casualty to any of the Leased Related Premises occurs the insurance proceeds for which are is reasonably estimated by Tenant to be equal to or in excess of Two Five Hundred Fifty Thousand Dollars ($250,000500,000) (the “Threshold Amount”), Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or Lender) for amounts not in excess of the Threshold Amount upon notice to Landlord (but without the consent of Landlord) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and insurers; provided that Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) above the Threshold Amount shall be subject to the prior written approval of LandlordLandlord (not to be unreasonably withheld or conditioned), and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a any Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorneyattorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty occurs to the Leased Premises occurs Premises, the insurance proceeds for which are is reasonably estimated by Tenant to be equal to or in excess of Two Five Hundred Fifty Thousand Dollars ($250,000500,000), Tenant shall promptly give Landlord prompt and Lender notice thereof. So long as no monetary or material non-monetary Event of Default existsexists beyond any applicable notice and cure period, Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any final Any adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) for any amount less than the replacement cost for the Leased Premises or such portion thereof so damaged, as applicable, shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned; provided however, that, if the proposed adjustment, settlement or compromise is less than replacement cost for the Leased Premises or the portion thereof so damaged (as reasonably determined, in each instance, by Tenant's architect or engineer), and Tenant shall escrow any shortfall in the funds necessary for the repair or restoration of the Leased Premises or the portion thereof so damaged in accordance with the terms of this Lease into the Restoration Fund, then Landlord shall not withhold its consent thereto. If an a monetary or material non-monetary Event of Default existsexists beyond any applicable notice and cure period, (i) Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord and Lender in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. , (ii) Tenant agrees to sign, upon the request of LandlordLandlord and Lender, all such proofs of loss, receipts, vouchers and releasesreleases and (iii) if Landlord or Lender so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Each Upon notice from Landlord or Lender as to the occurrence and continuance of an Event of Default beyond any applicable notice and cure period, each insurer is hereby authorized and directed to make payment under said policies, excluding including return of or unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for of which are reasonably estimated by Tenant likely to be equal to or in excess of Two One Hundred Fifty Thousand Dollars ($250,000150,000), Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, then exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) 325,000 shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed, and Landlord shall have the right to require Tenant to prosecute or contest any such claim, adjustment, settlement or compromise. If an Event of Default then exists, (i) Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. , (ii) Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each , (iii) each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to either of the Leased Related Premises occurs and the insurance proceeds for which are cost of restoration is reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,00050,000), Tenant shall give Landlord and Lender prompt notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld or delayed, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased a Related Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)100,000 , Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as (i) no Event of Default existsexists and (ii) Tenant has not given a Termination Notice to Landlord, Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding Any final adjustment, settlement or compromise of any such claim which is reasonably estimated by Landlord to result in proceeds in excess of $450,000, shall be subject to the foregoingreasonable prior written approval of Landlord, and, with respect thereto, Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If any final adjustment, settlement or compromise of any such claim that is reasonably estimated by Landlord to result in excess proceeds of Two Hundred Fifty Thousand Dollars (less than or equal to $250,000) 450,000 and so long as no Event of Default exists and Tenant has not given a Termination Notice to Landlord, then such adjustment, settlement or compromise shall be subject to not require the prior written approval of Landlord. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorneyattorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)occurs, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default existsexists or the Landlord does not receive a Termination Notice, Tenant is hereby authorized authorized, but shall not be required, to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default existsexists or if Landlord receives a Termination Notice, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty occurs to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)either Related Premises, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, Tenant is Landlord and Lender are hereby authorized to adjust, collect and compromise compromise, in their discretion and upon notice to Tenant, all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant thereininsurers. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim Provided that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an no Event of Default existshas occurred and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord and Lender in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of LandlordLandlord or Lender, all such proofs of loss, receipts, vouchers and releases. If Landlord or Lender so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Any adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Landlord and Lender, and Landlord and Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Each insurer is hereby authorized and directed to make payment under said policies, excluding policies (other than payments made under the Business Interruption and Extra Expense insurance policy maintained in accordance with Paragraph 16(a)(v) over and above payments thereunder with respect to Rent payable to or for the benefit of the Landlord under this Lease and the return of unearned premiums), directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)occurs, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, Tenant is Landlord and Lender are hereby authorized to adjust, collect and compromise compromise, in their discretion and upon notice to Tenant (except that no notice to Tenant shall be required if an Event of Default has occurred and is continuing), all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant thereininsurers. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim Provided that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an no Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord and Lender in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of LandlordLandlord and Lender, all such proofs of loss, receipts, vouchers and releases. If Landlord or Lender so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Any adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Landlord and Lender, which approval Landlord and Lender shall not unreasonably withhold, condition, or delay, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of or unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, . The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and Tenant hereby appoints Landlord as Tenant’s attorney-in-fact to endorse the extent that any draft thereforMortgage so provides.

Casualty and Condemnation. (a) If any Casualty to any of the Leased Related Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000), Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) the Threshold Amount shall be subject to the prior written approval of Landlord, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to any of the Leased Related Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Five Hundred Fifty Thousand ($500,000) Dollars (or such lesser amount as Lender may require, but not less than $250,000), Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, then exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) under the amount of $500,000 (or such lesser amount as Lender may require, but not less than $250,000) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of LandlordLandlord (not to be unreasonably withheld), and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default then exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each To the extent required under Paragraph 16(j), each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to any of the Leased Related Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Five Hundred Fifty Thousand Dollars ($250,000)500,000) Dollars, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, then exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) under the amount of $500,000 and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of LandlordLandlord (not to be unreasonably withheld), and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default then exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each To the extent required under Paragraph 160), each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorneyattorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to any of the Leased Related Premises occurs occurs, the insurance proceeds for which are is reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars (exceed $250,000), 250,000 Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) 100,000 shall be subject to the prior written approval of Landlord, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorneyattorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased either Related Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)occurs, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, has occurred and is continuing Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld or delayed, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default existshas occurred and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and directed to make payment under said policies, excluding return of unearned premiums, directly to Landlord and Tenant jointly, and Tenant hereby appoints Landlord as Tenant’s attorney-in-fact to endorse the extent that any draft thereforMortgage so provides.

Casualty and Condemnation. (a) If any Casualty in excess of $50,000 occurs to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)occurs, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, Tenant is Landlord and Lender are hereby authorized to adjust, collect and compromise compromise, in their discretion and upon notice to Tenant (except that no notice to Tenant shall be required if an Event of Default has occurred and is continuing), all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord Tenant all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant thereininsurers. Notwithstanding the foregoing, any final adjustment, settlement or compromise of any such claim Provided that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord. If an no Event of Default existshas occurred and is continuing, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord and Lender in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of LandlordLandlord and Lender, all such proofs of loss, receipts, vouchers and releases. If Landlord or Lender so requests, Tenant shall adjust, collect and compromise any and all such claims, and Landlord and Lender shall have the right to join with Tenant therein. Any adjustment, settlement or compromise of any such claim shall be subject to the prior written approval of Tenant (so long as no Event of Default exists), Landlord and Lender, and Landlord and Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of or unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty occurs to the Leased Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Hundred Fifty Thousand Dollars ($250,000)Premises, Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding the foregoing, any Any final adjustment, settlement or compromise of or any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) shall be subject to the prior written approval of Landlord, and Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are is reasonably estimated by Tenant to be equal to or in excess of Two One Hundred Fifty Thousand Dollars ($250,000100,000), Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as no Event of Default exists, and subject to the provisions of Paragraph 16(i)(ii), Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord and Lender all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord and Lender shall have the right to join with Tenant therein. Notwithstanding the foregoing, any final Any adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) 1,000,000 shall be subject to the prior written approval of LandlordLandlord and Lender, which shall not be unreasonably withheld, conditioned or delayed and Landlord and Lender shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord or Lender in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of LandlordLandlord or Lender, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding policies in excess of $1,000,000 and return of unearned premiums, directly to Landlord or, if required by the Mortgage or requested by Lender pursuant to the Mortgage, to Lender instead of to 36 Landlord or Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor.

Casualty and Condemnation. (a) If any Casualty occurs to the Leased any Related Premises occurs the insurance proceeds for which are reasonably estimated by Tenant to be equal to or in excess of Two Five Hundred Fifty Thousand Dollars ($250,000500,000), Tenant shall give Landlord prompt and Lender immediate notice thereof. So long as (i) no Event of Default existsexists and (ii) Tenant has not given a Termination Notice to Landlord, Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(aParagraph 16(a) (except public liability insurance claims payable to a Person other than Tenant, Landlord or LandlordLender) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers and Landlord shall have the right to join with Tenant therein. Notwithstanding Any final adjustment, settlement or compromise of any such claim which is reasonably estimated by Landlord to result in proceeds in excess of $500,000, shall be subject to the foregoingreasonable prior written approval of Landlord, and, with respect thereto, Landlord shall have the right to prosecute or contest, or to require Tenant to prosecute or contest, any such claim, adjustment, settlement or compromise. If any final adjustment, settlement or compromise of any such claim that is reasonably estimated by Landlord to result in excess proceeds of Two Hundred Fifty Thousand Dollars (less than or equal to $250,000) 500,000 and so long as no Event of Default exists and Tenant has not given a Termination Notice to Landlord, then such adjustment, settlement or compromise shall be subject to not require the prior written approval of Landlord. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policies, excluding including return of unearned premiums, directly to Landlord or, if required by the Mortgage, to Lender instead of to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorneyattorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.

Casualty and Condemnation. (a) If any Casualty to the Leased Premises occurs the insurance proceeds for which are is reasonably estimated by Tenant to be equal to or in excess of Two One Hundred Fifty Thousand Dollars ($250,000100,000), Tenant shall give Landlord prompt notice and Lender immediate nonce thereof. : So long as no Event of Default exists, exists Tenant is hereby authorized to adjust, collect and compromise all claims under any of the insurance policies required by Section 15(a) (except public liability insurance claims payable to a Person other than Tenant, or LandlordParagraph 16(a) and to execute and deliver on behalf of Landlord all necessary proofs of loss, receipts, vouchers and releases required by the insurers insurers, and Landlord shall have the right to join with Tenant thereinif the amount of any such claim is in excess of Five Hundred Thousand Dollars ($500,000). Notwithstanding the foregoing, any final Any adjustment, settlement or compromise of any such claim that is in excess of Two Hundred Fifty Thousand Dollars ($250,000) 500,000 shall be subject to the prior written approval of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Landlord shall have the right to prosecute or contest any such claim, adjustment, settlement or compromise and, in connection therewith, Tenant hereby irrevocably assigns to Landlord any and all interest it has or may have in such claim. If an Event of Default exists, Tenant shall not be entitled to adjust, collect or compromise any such claim or to participate with Landlord in any adjustment, collection and or compromise of the Net Award payable in connection with a Casualty. Tenant agrees to sign, upon the request of Landlord, all such proofs of loss, receipts, vouchers and releases. Each insurer is hereby authorized and directed to make payment under said policiespolicies in excess of $500,000 directly to Landlord or, excluding return if required by the Mortgage or requested by Landlord or Lender pursuant to the Mortgage, to Lender instead of unearned premiums, directly to Landlord and Tenant jointly, and Tenant hereby appoints each of Landlord and Lender as Tenant’s attorney's attorneys-in-fact to endorse any draft therefor. The rights of Landlord under this Paragraph 17(a) shall be extended to Lender if and to the extent that any Mortgage so provides.