Casualty. Until the day of Closing and actual exchange of legal title for the consideration to be paid hereunder, all risk of loss with respect to the Subject Premises shall be borne by Seller. In the event of destruction or damage to the Subject Premises prior to the Closing Date in excess
of$100,000.00, of $100,000.00, Purchaser shall, at its option, have the right to (i)
cause eause Seller to repair all
damage, once all insurance proceeds have been allocated, all work has been approved, Tenant has agre...ed to continue to occupy the Premises after the repairs are complete, and all other matters in which the Lease govern have been satisfied, damage to the condition existing prior -7- to the destruction or damage and, in such event, the Closing Date shall be extended until the destruction or damage is repaired to the satisfaction of Purchaser and the each Tenant; (ii) take the proceeds of the Tenant's insurance insurance, requiring Seller 9 to pay the deductible amounts and proceed and go forward with the transaction, or (iii) declare the transaction to be void and of no further force and effect and Purchaser shall thereupon receive a refund of the Deposit and be relieved of any and all liability hereunder except as arising from hereunder. I 3. Condemnation. In the event that notice of any action, suit or proceeding shall be given prior to the Closing Date for the purpose of condemning any part of the Subject Premises, then Purchaser shall have the right to terminate its obligations hereunder within fifteen ( 15) days after receiving notice of such condemnation proceeding or later in the event that expressly survive termination. a Tenant elects to terminate its Lease as a result of such condemnation, and upon such termination, the Deposit shall be refunded lo Purchaser in full termination of this Agreement, and the proceeds resulting from such condemnation shall be paid to Seller. In the event Purchaser shall not elect to terminate its obligations hereunder, the proceeds of such condemnation shall be assigned and belong to Purchaser at Closing.
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