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ARTICLE IX
DAMAGE, DESTRUCTION AND CONDEMNATION
Section 9.1 Notice of Loss. Lessee shall give Lessor prompt written notice of any damage to or destruction of any portion of the Premises, and of the commencement of any proceeding or negotiation for the taking of all or any part thereof by condemnation or under the power of eminent domain.
Section 9.2 Optional Termination. If at any time during the Term the cost of repair or rebuilding necessitated by such taking by condemnation or such fire or other casualty, as the case may be, would exceed the Loss Proceeds available to Lessee for such repair or rebuilding by more than $3,000,000 (any such condemnation or casualty being referred to herein as an “Optional Termination Loss”), then Lessee shall have the option of terminating this Lease as to the entirety of the Premises.
Section 9.3 Notice of Election. Lessee shall exercise the option granted under Section 9.2 by written notice to Lessor given not later than sixty (60) days after the occurrence of the Optional Termination Loss, which notice shall specify a termination date not less than ten (10) nor more than thirty (30) days after the date such notice is given.
Section 9.4 Total Loss. Notwithstanding the foregoing, if such condemnation or casualty constitutes a Total Loss, this Lease shall terminate automatically as of the date of such taking or casualty, without further act of either party.
Section 9.5 Application of Proceeds. All Loss Proceeds shall be deposited with the Depositary and disbursed in accordance with Article X, and any balance remaining after completion of the restoration shall be paid to Lessee.
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