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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />payments due for the repair, reconstruction, or restoration of the improvements, the <br />proceeds shall be jointly payable to LESSOR and LESSEE. <br />5) If the insurance proceeds are insufficient to pay the cost of Restoration, LESSEE must <br />pay the shortfall. If the proceeds exceed the cost of Restoration, LESSEE will be <br />entitled to the surplus, unless LESSEE is in default under this LEASE. In the <br />latter event, the surplus must be applied to the default; the remainder, if any, will be <br />paid to LESSEE. <br />An "Independent Architect" shall mean an architect or engineer that is licensed to practice in <br />the state of Florida, who has experience in estimating cost of construction and repair, and who is <br />selected by agreement between LESSOR and LESSEE; however, if the parties do not agree and <br />LESSEE rejects or does not approve, within thirty (30) days of LESSOR's written proposal, any two <br />(2) independent licensed architects or engineers, then the "Independent Architect" may be selected <br />unilaterally by LESSOR (but shall not be one (1) of the two (2) originally proposed by LESSOR, if <br />such architect(s) or engineer(s) were expressly rejected by LESSEE in writing within said thirty (30) <br />day time period). If the parties cannot agree on selection of an Independent Architect, LESSOR may <br />choose one of the architects authorized to be used by the LESSEE per CCNA procedures. In any <br />event, the fee charged by the "Independent Architect" shall be split equally between LESSOR and <br />LESSEE. <br />If the construction work on the Restoration has: <br />1) not commenced by the later of: <br />a. twelve (12) months after the insurance settlement; or <br />b. twenty-four (24) months after the casualty; or <br />2) has commenced but bona fide work is not actively continuing; <br />Page 22 of 41 <br />