Common use of Casualty and Taking Clause in Contracts

Casualty and Taking. In case during the Term all or any substantial part of the demised premises, the buildings, or Lot or any one or more of them, are damaged by fire or any other casualty or by action of public or other authority or are taken by eminent domain, this lease shall terminate at Landlord’s election, which may be made notwithstanding Landlord’s entire interest may have been divested, by notice given to Tenant within thirty (30) days after the occurrence of the event giving rise to the election to terminate. Said notice shall, in the case of damage as aforesaid, specify the effective date of termination which shall be not less than thirty nor more than sixty days after the date of notice of such termination. In the case of any such taking by eminent domain, the effective date of the termination shall be the day on which the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted as of the effective date of any such termination. If in any such case the demised premises are rendered unfit for use and occupation and this lease is not so terminated, Landlord shall use due diligence to put the demised premises, or, in the case of a taking, what may remain thereof (excluding any items which Tenant may be required or permitted to remove, from the demised premises at the expiration of the Term) into proper condition for use and occupation, but Landlord shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefor, and a just proportion of the Fixed Rent and additional rent according to the nature and extent of the injury to the demised premises shall be abated until the demised premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the demised premises, a just proportion of the Fixed Rent shall be abated for the remainder of the Term. Notwithstanding the foregoing, in the event that there is a fire or other casualty or a taking by eminent domain or by action of public or other authority, Landlord shall, within thirty (30) days of such event, make a good faith estimate of the anticipated restoration time. If pursuant to such estimate the damage to the base buildings or the Lot cannot be repaired and restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business within eighteen (I8) months from the occurrence of the same, Tenant shall have the right to terminate this lease by notice to this effect given to Landlord within thirty (30) days after receipt of Landlord’s determination as aforesaid, and which termination shall be effective on the tenth (10th) day following the receipt by Landlord of said termination notice. If this lease shall not be terminated, as aforesaid, Landlord shall promptly commence to rebuild same provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Tenant shall have the right, as Tenant’s sole remedy, to terminate this lease at any time thereafter but prior to the completion of the restoration. Further, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty or taking, and which termination shall, be effective on the tenth (10th) day following the delivery of said termination notice.

Casualty and Taking. 3.4.1 In case during the Term all event that the Premises or any substantial material part of the demised premises, the buildings, thereof shall be destroyed or Lot or any one or more of them, are damaged by fire or casualty, shall be taken by any other casualty public authority or for any public use or shall be condemned by the action of any public or other authority or are taken by eminent domainauthority, then this lease shall terminate Lease may be terminated at Landlord’s election. 3.4.2 Such election, which may be made notwithstanding the fact that Landlord’s entire interest may have been divested, shall be made by the giving of notice given by Landlord to Tenant within thirty fourteen (3014) days after the occurrence of the event giving rise to the election to terminate. Said notice shall, in the case of damage as aforesaid, specify the effective date of termination which shall be not less than thirty nor more than sixty days after the date of notice the taking or casualty. 3.4.3 If Landlord does not elect to so terminate, this Lease shall continue in force and as long as the damage is not caused by the negligence or other wrongful act of such termination. In the case of any such taking by eminent domainTenant or Tenant Parties, the effective date of the termination Base Rent shall be proportionately suspended or abated until the day on which Premises, excluding any improvements to the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted as of the effective date of any such termination. If in any such case the demised premises are rendered unfit for use and occupation and this lease is not so terminatedPremises made at Tenant’s expense, Landlord shall use due diligence to put the demised premises, or, in the case of a taking, or what may remain thereof (excluding any items which Tenant may be required or permitted to removethereof, from the demised premises at the expiration of the Term) into proper condition for use and occupation, but Landlord shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefor, and a just proportion of the Fixed Rent and additional rent according to the nature and extent of the injury to the demised premises shall be abated until the demised premises or such remainder shall have been put by Landlord in such condition; proper condition for use, which Landlord covenants to do with reasonable diligence to the extent permitted by zoning and building codes or ordinances then in case of a taking which permanently reduces the area existence. 3.4.4 Irrespective of the demised premisesform in which recovery may be had by law, a just proportion of the Fixed Rent shall be abated all rights to seek reimbursement for the remainder of the Term. Notwithstanding the foregoing, in the event that there is a damages or compensation from fire or other casualty or a any taking by eminent domain or by action condemnation shall belong to Landlord in all cases. 3.4.5 Tenant hereby grants to Landlord all of public or other authority, Landlord shall, within thirty (30) days of such event, make a good faith estimate of the anticipated restoration time. If pursuant Tenant’s rights to such estimate claims for damages and compensation and covenants to deliver such further assignments thereof as Landlord may from time to time request. 3.4.6 Nothing contained herein shall be construed to prevent Tenant from prosecuting in any condemnation proceedings a claim for relocation expenses, provided that such action shall not affect the damage to the base buildings or the Lot cannot be repaired and restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business within eighteen (I8) months amount of compensation otherwise recoverable by Landlord from the occurrence of the same, Tenant shall have the right to terminate this lease by notice to this effect given to Landlord within thirty (30) days after receipt of Landlord’s determination as aforesaid, and which termination shall be effective on the tenth (10th) day following the receipt by Landlord of said termination notice. If this lease shall not be terminated, as aforesaid, Landlord shall promptly commence to rebuild same provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Tenant shall have the right, as Tenant’s sole remedy, to terminate this lease at any time thereafter but prior to the completion of the restoration. Further, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty or taking, and which termination shall, be effective on the tenth (10th) day following the delivery of said termination noticeauthority.

Casualty and Taking. In case during the Term term of this lease all or any substantial part of the demised leased premises, the buildingsBuilding, or Lot or any one or more of them, are damaged by fire or any other casualty or by action of public or other authority or are taken by eminent domain, this lease shall terminate at LandlordLessors's or Lessee’s election, which may be made notwithstanding LandlordLessors's or Lessee’s entire interest may have been divested, by notice given to Tenant the other party within thirty (30) days after the occurrence of the event giving rise to the election to terminate. Said notice shall, in the case of damage as aforesaid, specify the effective date of termination which shall be not less than thirty (30) nor more than sixty (60) days after the date of notice of such termination. In the case of any such taking by eminent domain, the effective date of the termination shall be the day on which the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted as of the effective elective date of any such termination. If in any such case the demised leased premises are rendered unfit for use and occupation and this lease is not so terminated, Landlord both parties shall use due diligence to put the demised leased premises, or, in the case of a taking, what may remain thereof (excluding any items which Tenant both parties may be required or permitted to remove, remove from the demised leased premises at the expiration of the Termterm of this lease) into proper condition for use and occupation, but Landlord both parties shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefortherefore, and a just proportion of the Fixed Rent and additional rent according to the nature and extent of the injury to the demised leased premises shall be abated until the demised leased premises or such remainder shall have been put by Landlord both parties in such condition; and in case of a taking which permanently reduces the area of the demised leased premises, a just proportion of the Fixed Rent shall be abated for the remainder of the Term. Notwithstanding the foregoing, in the event that there is a fire or other casualty or a taking by eminent domain or by action of public or other authority, Landlord shall, within thirty (30) days of such event, make a good faith estimate of the anticipated restoration time. If pursuant to such estimate the damage to the base buildings or the Lot cannot be repaired and restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business within eighteen (I8) months from the occurrence of the same, Tenant shall have the right to terminate this lease by notice to this effect given to Landlord within thirty (30) days after receipt of Landlord’s determination as aforesaid, and which termination shall be effective on the tenth (10th) day following the receipt by Landlord of said termination notice. If this lease shall not be terminated, as aforesaid, Landlord shall promptly commence to rebuild same provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Tenant shall have the right, as Tenant’s sole remedy, to terminate this lease at any time thereafter but prior to the completion of the restoration. Further, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty or taking, and which termination shall, be effective on the tenth (10th) day following the delivery of said termination notice.

Casualty and Taking. 3.4.1 In case during the Term all event that the Premises or any substantial material part of the demised premises, the buildings, thereof shall be destroyed or Lot or any one or more of them, are damaged by fire or casualty, shall be taken by any other casualty public authority or for any public use or shall be condemned by the action of any public or other authority or are taken by eminent domainauthority, then this lease shall terminate Lease may be terminated at Landlord’s election. 3.4.2 Such election, which may be made notwithstanding the fact that Landlord’s entire interest may have been divested, shall be made by the giving of notice given by Landlord to Tenant within thirty fourteen (3014) days after the occurrence of the event giving rise to the election to terminate. Said notice shall, in the case of damage as aforesaid, specify the effective date of termination which shall be not less than thirty nor more than sixty days after the date of notice the taking or casualty. 3.4.3 If Landlord does not elect to so terminate, this Lease shall continue in full force and as long as the damage is not caused by the negligence or other wrongful act of such termination. In the case of any such taking by eminent domainTenant or Tenant Parties, the effective date of the termination Base Rent shall be proportionately suspended or abated until the day on which Premises, excluding any improvements to the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted as of the effective date of any such termination. If in any such case the demised premises are rendered unfit for use and occupation and this lease is not so terminatedPremises made at Tenant’s expense, Landlord shall use due diligence to put the demised premises, or, in the case of a taking, or what may remain thereof (excluding any items which Tenant may be required or permitted to removethereof, from the demised premises at the expiration of the Term) into proper condition for use and occupation, but Landlord shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefor, and a just proportion of the Fixed Rent and additional rent according to the nature and extent of the injury to the demised premises shall be abated until the demised premises or such remainder shall have been put by Landlord in such condition; proper condition for use, which Landlord covenants to do with reasonable diligence to the extent permitted by zoning and building codes or ordinances then in case of a taking which permanently reduces the area existence. 3.4.4 Irrespective of the demised premisesform in which recovery may be had by law, a just proportion of the Fixed Rent shall be abated all rights to seek reimbursement for the remainder of the Term. Notwithstanding the foregoing, in the event that there is a damages or compensation from fire or other casualty or a any taking by eminent domain or by action condemnation shall belong to Landlord in all cases. 3.4.5 Tenant hereby grants to Landlord all of public or other authority, Landlord shall, within thirty (30) days of such event, make a good faith estimate of the anticipated restoration time. If pursuant Tenant’s rights to such estimate claims for damages and compensation and covenants to deliver such further assignments thereof as Landlord may from time to time request. 3.4.6 Nothing contained herein shall be construed to prevent Tenant from prosecuting in any condemnation proceedings a claim for relocation expenses, provided that such action shall not affect the damage to the base buildings or the Lot cannot be repaired and restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business within eighteen (I8) months amount of compensation otherwise recoverable by Landlord from the occurrence of the same, Tenant shall have the right to terminate this lease by notice to this effect given to Landlord within thirty (30) days after receipt of Landlord’s determination as aforesaid, and which termination shall be effective on the tenth (10th) day following the receipt by Landlord of said termination notice. If this lease shall not be terminated, as aforesaid, Landlord shall promptly commence to rebuild same provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Tenant shall have the right, as Tenant’s sole remedy, to terminate this lease at any time thereafter but prior to the completion of the restoration. Further, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty or taking, and which termination shall, be effective on the tenth (10th) day following the delivery of said termination noticeauthority.

Casualty and Taking. In case during the Term all or any substantial part of the demised premises, the buildingsBuilding, or Lot or any one or more of them, are damaged by fire or any other casualty or by action of public or other authority or are taken by eminent domain, this lease shall terminate at Landlord’s 's election, which may be made notwithstanding Landlord’s 's entire interest may have been divested, by notice given to Tenant within thirty (30) days after the occurrence of the event giving rise to the election to terminate. Said notice shall, in the case of damage as aforesaid, specify the effective date of termination which shall be not less than thirty nor more than sixty days after the date of notice of such termination. In the case of any such taking by eminent domain, the effective date of the termination shall be the day on which the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted as of the effective date of any such termination. If in any such case the demised premises are rendered unfit for use and occupation and this lease is not so terminated, Landlord shall use due diligence to put the demised premises, or, in the case of a taking, what may remain thereof (excluding any items which Tenant may be required or permitted to remove, remove from the demised premises at the expiration of the Term) into proper condition for use and occupation, but Landlord shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefor, and a just proportion of the Fixed Rent and additional rent according to the nature and extent of the injury to the demised premises shall be abated until the demised premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the demised premises, a just proportion of the Fixed Rent shall be abated for the remainder of the Term. Notwithstanding the foregoing, in the event Landlord agrees that if there is a shall be damage or destruction by fire or other casualty or a taking by eminent domain or by action of public or other authorityauthority or taking by eminent domain, Landlord shalland if this lease shall not be terminated as provided for herein, within thirty (30) days of such event, make a good faith estimate of and if the anticipated restoration time. If pursuant to such estimate the damage to the base buildings or the Lot candemised premises shall not be repaired and or restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business within eighteen twelve (I812) months from the occurrence receipt by Landlord of the sameinsurance proceeds or awards therefore, Tenant shall have the right to terminate this lease by written notice to this effect Landlord given to Landlord within thirty sixty (3060) days after receipt of Landlord’s determination as aforesaid, and which termination shall be effective on the tenth (10th) day following the receipt by Landlord expiration of said termination notice. If this lease shall not be terminated, as aforesaid, Landlord shall promptly commence to rebuild same twelve (12) month period; provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Tenant shall have the right, as Tenant’s sole remedy, to terminate this lease at any time thereafter but prior to the completion of the restoration. Further, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty or taking, and which termination shall, be effective on the tenth (10th) day following the delivery of said termination notice.,

Casualty and Taking. In case during the Term all or any substantial part of the demised premises, the buildings, or Lot or any one or more of themPremises, are damaged materially by fire or any other casualty cause, or by action of public or other authority in consequence thereof, or are taken by eminent domain, and the condition of the Premises cannot be restored within 6 months of such event, Landlord shall have the right to terminate this lease shall terminate at Landlord’s election, which may be made notwithstanding Landlord’s entire interest may have been divestedLease, by notice given to Tenant within thirty (30) 30 days after the occurrence of the event giving rise to the election to terminate. Said , which notice shall, in the case of damage as aforesaid, shall specify the effective date of termination which shall be not less than thirty 30 nor more than sixty 60 days after the date of notice of such termination. In the case of any such taking by eminent domain, the effective date of the termination shall be the day on which the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted If Landlord does not terminate this Lease as of the effective date of any such termination. If in any such case the demised premises are rendered unfit for use and occupation and this lease is not so terminatedprovided above, Landlord shall use due diligence to put restore the demised premisesPremises, or, in the case of a taking, what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove, from the demised premises at the expiration of the Term) into proper condition for use and occupation, but Landlord shall not be required occupation to spend more than the extent permitted by the net proceeds award of insurance or award of damages it receives thereforavailable to Landlord, and a just proportion of the Fixed Base Rent and additional rent according to the nature and extent of the injury to the demised premises shall be abated until the demised premises Premises or such remainder shall have been put restored by Landlord in to such condition; and in case of a taking which permanently reduces the area of the demised premisesPremises, a just proportion of the Fixed Base Rent and shall be abated for the remainder of the Term. Notwithstanding In case during the foregoing, in Term (i) all or any substantial part of the event that there is a Premises are damaged materially by fire or any other casualty or a taking by eminent domain cause, or by action of public or other authorityauthority in consequence thereof, or are taken by eminent domain, (ii) Landlord shall, does not elect to terminate this Lease as provided for in this Section 7.1 and (iii) either (a) such damage or taking occurs during the last year of the Lease Term or (b) Landlord does not restore the Premises within thirty (30) 180 days of such event, make a good faith estimate of the anticipated restoration time. If pursuant to such estimate the damage to the base buildings or the Lot cannot be repaired and restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business within eighteen (I8) months from the occurrence of the same, Tenant shall have the right to terminate this lease Lease, by notice to this effect given to Landlord within thirty (30) days after receipt of Landlord’s determination as aforesaid, and which termination shall be effective on the tenth (10th) day following the receipt by Landlord of said termination notice. If this lease shall not be terminated, as aforesaid, Landlord shall promptly commence to rebuild same provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Tenant shall have the right, as Tenant’s sole remedy, to terminate this lease at any time thereafter but prior to the completion of the restoration. Further, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) 30 days after the casualty or taking, and which termination shall, be effective on occurrence of the tenth (10th) day following event giving rise to the delivery of said termination noticeelection to terminate.

Casualty and Taking. In case during the Term all or any substantial part of the demised premisesDemised Premises, the buildingsBuilding, or Lot or any one or more of them, are damaged by fire or any other casualty or by action of public or other authority or are taken by eminent domain, this lease Lease shall terminate at Landlord’s election, which may be made notwithstanding Landlord’s entire interest may have been divested, by notice given to Tenant within thirty (30) days after the occurrence of the event giving rise to the election to terminate. Said notice shall, in the case of damage as aforesaid, specify the effective date of termination which shall be not less than thirty nor more than sixty days after the date of notice of such termination. In the case of any such taking by eminent domain, the effective date of the termination shall be the day on which the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted as of the effective date of any such termination. If in any such case the demised premises Demised Premises are rendered unfit for use and occupation and this lease Lease is not so terminated, Landlord shall use due diligence to put the demised premisesDemised Premises, or, in the case of a taking, what may remain thereof (excluding any items which Tenant may be required or permitted to remove, remove from the demised premises Demised Premises at the expiration of the Term) into proper condition for use and occupation, but Landlord shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefor, and a just proportion of the Fixed Rent and additional rent according to the nature and extent of the injury to the demised premises Demised Premises shall be abated until the demised premises Demised Premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the demised premisesDemised Premises, a just proportion of the Fixed Rent shall be abated for the remainder of the Term. Notwithstanding the foregoing, in the event that there is a fire or other casualty or a taking by eminent domain or by action of public or other authority, Landlord shall, within thirty (30) days of such event, make a good faith estimate of the anticipated restoration time. If pursuant to such estimate the damage to the base buildings or the Lot cannot be repaired and restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business within eighteen (I8) months from the occurrence of the same, Tenant shall have the right to terminate this lease by notice to this effect given to Landlord within thirty (30) days after receipt of Landlord’s determination as aforesaid, and which termination shall be effective on the tenth (10th) day following the receipt by Landlord of said termination notice. If this lease shall not be terminated, as aforesaid, Landlord shall promptly commence to rebuild same provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Tenant shall have the right, as Tenant’s sole remedy, to terminate this lease at any time thereafter but prior to the completion of the restoration. Further, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty or taking, and which termination shall, be effective on the tenth (10th) day following the delivery of said termination notice.

Casualty and Taking. 5.1. In case during the Lease Term (or any extension thereof) all or any substantial part of the demised premisesPremises or the Building or the Lot or the Garage are damaged materially by fire, the buildingsforce majeure, civil commotion, war, or Lot or any one or more of them, are damaged by fire or any other casualty or by action of public or other authority in consequence thereof, or are taken by eminent domaindomain or Landlord receives compensable damage by reason of anything lawfully done in pursuance of public or other authority, this lease Lease shall terminate at Landlord’s 's election, which election may be made notwithstanding Landlord’s entire interest may have been divestedonly if all or a material part of the Premises, by the Building, the Lot and/or the Garage are so taken or damaged. If the Landlord elects to terminate, the Landlord must give notice given to Tenant of such election within thirty ninety (3090) days after the occurrence of the event giving which gives rise to the election right to terminateelect termination. Said notice shall, in the case of damage as aforesaid, specify the The effective date of termination which shall be not less than thirty fifteen (15) nor more than sixty thirty (30) days after the date of notice of such termination. In the case of any such taking by eminent domain, the effective date of the termination shall be the day on which the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted as of xxxxx effective on the effective date of any termination or such terminationearlier date as the Premises are not fit for the Permitted Uses. If in any such case case, the demised premises Premises, Building, Lot and/or Garage are rendered unfit for use the Permitted Uses and occupation and this lease the Lease is not so terminated, Landlord shall use due diligence (following the expiration of all periods in which Landlord may terminate this Lease pursuant to the foregoing provisions of this Section 5.1) to put the demised premisesPremises, orBuilding, Lot and/or Garage, or in the case of a taking, taking what may remain thereof (excluding any items installed or paid for by Tenant which Tenant may be required or permitted to remove, from the demised premises at the expiration of the Termremove pursuant to Section 4.2) into proper condition for use and occupationthe Permitted Uses. In the event of a casualty, but Landlord shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefor, and a just proportion of the Fixed Rent rent and additional rent according to the nature and extent of the injury to the demised premises shall be abated until the demised premises Premises, Building, Lot and/or Garage or such remainder shall have been put by Landlord in such condition; condition as the same may be used and in case occupied for the Permitted Uses. In the event of a taking which permanently reduces the area areas of the demised premisesPremises, Building, Lot and/or Garage, a just proportion of the Fixed Rent rent and additional rent shall be abated for the remainder of the Lease Term. Notwithstanding the foregoing, in the event that there is a fire or other casualty or a taking by eminent domain or by action of public or other authority, Landlord shall, within thirty (30) days In case of such event, make a good faith estimate of the anticipated restoration time. If pursuant to such estimate the damage to the base buildings or the Lot cannot be repaired and restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business within eighteen (I8) months from the occurrence of the same, Tenant shall have the right to terminate this lease by notice to this effect given to Landlord within thirty (30) days after receipt of Landlord’s determination as aforesaid, and which termination shall be effective on the tenth (10th) day following the receipt by Landlord of said termination notice. If this lease shall not be terminated, as aforesaidtaking, Landlord shall promptly commence to rebuild same provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then notify Tenant shall have the right, as Tenant’s sole remedy, to terminate this lease at any time thereafter but prior to the completion of the restoration. Further, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty occurrence thereof of Landlord’s estimate of the time needed to do the construction work necessary to put the Premises, Building, Lot and/or Garage or takingsuch remainder in proper condition for the Permitted Uses. If Landlord has not commenced such repairs within sixty (60) days of such damage or taking having occurred, and which termination shalland/or shall not thereafter cause such repairs to be diligently pursued until completion, be effective on the tenth Tenant may terminate this Lease upon thirty (10th30) day following the delivery of said termination noticedays’ prior notice to Landlord.

Casualty and Taking. In case during the Term all or any substantial part of the demised premises, the buildingsBuilding, or Lot or any one or more of them, are damaged by fire or any other casualty or by action of public or other authority or are taken by eminent domain, this lease shall terminate at Landlord’s 's election, which may be made notwithstanding Landlord’s 's entire interest may have been divested, by notice given to Tenant within thirty (30) days after the occurrence of the event giving rise to the election to terminate. Said notice shall, in the case of damage as aforesaid, specify the effective date of termination which shall be not less than thirty nor more than sixty days after the date of notice of such termination. In the case of any such taking by eminent domain, the effective date of the termination shall be the day on which the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted as of the effective date of any such termination. If in any such case the demised premises are rendered unfit for use and occupation and this lease is not so terminated, Landlord shall use due diligence to put the demised premises, or, in the case of a taking, what may remain thereof (excluding any items which Tenant may be required or permitted to remove, remove from the demised premises at the expiration of the Term) into proper condition for use and occupation, but Landlord shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefor, and a just proportion of the Fixed Rent and additional rent according to the nature and extent of the injury to the demised premises shall be abated until the demised premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the demised premises, a just proportion of the Fixed Rent shall be abated for the remainder of the Term. Notwithstanding If there shall be damage or destruction to the foregoing, in the event that there is a demised premises by fire or other casualty or a taking by eminent domain or by action of public or other authority, Landlord shall, within thirty (30) days of such event, make a good faith estimate of the anticipated restoration time. If pursuant to such estimate the damage to the base buildings or the Lot canwhich shall not be repaired and or restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business by Landlord within eighteen a period of nine (I89) months from after the occurrence date of such damage or destruction, then Tenant, as Tenant's sole remedy, may terminate the same, Tenant shall have the right to terminate Term of this lease by a notice to this effect given to Landlord within thirty sixty (3060) days after receipt the expiration of Landlord’s determination as aforesaid, and which termination such nine (9) month period; provided that said repair or restoration shall be effective on the tenth (10th) day following not have been completed prior to the receipt by Landlord of said termination notice. If this lease shall not be terminated, as aforesaid, Landlord shall promptly commence to rebuild same provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Tenant shall have the right, as Tenant’s sole remedy, to terminate this lease at any time thereafter but prior to the completion of the restoration. Further, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty or taking, and which termination shall, be effective on the tenth (10th) day following the delivery of said termination notice.

Casualty and Taking. In case during the Term all or any substantial part of the demised premises, the buildingsBuilding, or Lot or any one or more of them, are damaged by fire or any other casualty or by action of public or other authority or are taken by eminent domain, this lease shall terminate at Landlord’s 's election, which may be made notwithstanding Landlord’s 's entire interest may have been divested, by notice given to Tenant within thirty (30) days after the occurrence of the event giving rise to the election to terminate. Said notice shall, in the case of damage as aforesaid, specify the effective date of termination which shall be not less than thirty nor more than sixty days after the date of notice of such termination. In the case of any such taking by eminent domain, the effective date of the termination shall be the day on which the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted as of the effective date of any such termination. If in any such case the demised premises are rendered unfit for use and occupation and this lease is not so terminated, Landlord shall use due diligence to put the demised premises, or, in the case of a taking, what may remain thereof (excluding any items which Tenant may be required or permitted to remove, remove from the demised premises at the expiration of the Term) into proper condition for use and occupation, but Landlord shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefor, and a just proportion of the Fixed Rent and additional rent according to the nature and extent of the injury to the demised premises shall be abated until the demised premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the demised premises, a just proportion of the Fixed Rent shall be abated for the remainder of the Term. Appropriate consideration shall be given as to whether the part so taken is warehouse space or office space. Notwithstanding the foregoing, in if there shall be damage or destruction to the event that there is a demised premises by fire or other casualty or a taking by eminent domain or by action of public or other authority, Landlord shall, within thirty (30) days of such event, make a good faith estimate of the anticipated restoration time. If pursuant to such estimate the damage to the base buildings or the Lot canwhich shall not be repaired and or restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business by Landlord within eighteen a period of twelve (I812) months from after the occurrence date of such damage or destruction, then Tenant, as Tenant's sole remedy, may terminate the same, Tenant shall have the right to terminate Term of this lease by a notice to this effect given to Landlord within thirty sixty (3060) days after receipt the expiration of Landlord’s determination as aforesaid, and which termination such twelve (12) month period; provided that said repair or restoration shall be effective on the tenth (10th) day following not have been completed prior to the receipt by Landlord of said termination notice. If this lease shall not be terminated, as aforesaid, Landlord shall promptly commence to rebuild same provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Tenant shall have the right, as Tenant’s sole remedy, to terminate this lease at any time thereafter but prior to the completion of the restoration. Further, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty or taking, and which termination shall, be effective on the tenth (10th) day following the delivery of said termination notice.

Casualty and Taking. In case during the Term all or any substantial part of the demised premises, the buildingsBuilding, or Lot or any one or more of them, are damaged by fire or any other casualty or by action of public or other authority or are taken by eminent domain, this lease shall terminate at Landlord’s 's election, which may be made notwithstanding Landlord’s 's entire interest may have been divested, by notice given to Tenant within thirty (30) days after the occurrence of the event giving rise to the election to terminate. Said notice shall, in the case of damage as aforesaid, specify the effective date of termination which shall be not less than thirty nor more than sixty days after the date of notice of such termination. In the case of any such taking by eminent domain, the effective date of the termination shall be the day on which the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted as of the effective date of any such termination. If in any such case the demised premises are rendered unfit for use and occupation and this lease is not so terminated, Landlord shall use due diligence to put the demised premises, or, in the case of a taking, what may remain thereof (excluding any items which Tenant may be required or permitted to remove, remove from the demised premises at the expiration of the Term) into proper condition for use and occupation, but Landlord shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefor, and a just proportion of the Fixed Rent and additional rent according to the nature and extent of the injury to the demised premises shall be abated until the demised premises or such remainder shall have been put by Landlord in such condition; and in case of a taking which permanently reduces the area of the demised premises, a just proportion of the Fixed Rent shall be abated for the remainder of the Term. Notwithstanding the foregoing, in if there shall be damage or destruction to the event that there is a demised premises by fire or other casualty or a taking by eminent domain or by action of public or other authority, Landlord shall, within thirty (30) days of such event, make a good faith estimate of the anticipated restoration time. If pursuant to such estimate the damage to the base buildings or the Lot canwhich shall not be repaired and or restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business by Landlord within eighteen a period of twelve (I812) months from after the occurrence date of such damage or destruction, then Tenant, as Tenant's sole remedy, may terminate the same, Tenant shall have the right to terminate Term of this lease by notice to this effect given to Landlord within thirty sixty (3060) days after receipt the expiration of Landlord’s determination as aforesaid, and which termination such twelve (12) month period; provided that said repair or restoration shall be effective on the tenth (10th) day following not have been completed prior to the receipt by Landlord of said termination notice. If any damage or destruction occurs to the demised premises during the last year of the Term and the cost to repair the damage exceeds Twenty Five Thousand Dollars ($25,000.00), either Landlord or Tenant may terminate this lease shall not be terminated, as aforesaid, Landlord shall promptly commence to rebuild same upon giving the other party thirty (30) days written notice; provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Landlord notifies Tenant shall have the right, as Tenant’s sole remedy, that it wishes to terminate this lease at any time thereafter but prior pursuant to the completion of the restoration. Furtherforegoing sentence, then Tenant may, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of it has not already done so, exercise its right to extend the Term of this the lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right whereupon Landlord's election to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty or taking, shall be null and which termination shall, be effective on the tenth (10th) day following the delivery of said termination noticevoid.

Casualty and Taking. In case during the Term all event that the Premises or the Property, or any substantial material part of the demised premises, the buildings, thereof shall be destroyed or Lot or any one or more of them, are damaged by fire or casualty, shall be taken by any other casualty public authority or for any public use or shall be condemned by the action of any public or other authority or are taken by eminent domainauthority, then this lease shall terminate Lease may be terminated at Landlord’s election. Such election, which may be made notwithstanding the fact that Landlord’s entire interest may have been divested, shall be made by the giving of notice given by Landlord to Tenant within thirty sixty (3060) days after the occurrence of the event giving rise to the election to terminate. Said notice shall, in the case of damage as aforesaid, specify the effective date of termination which shall be not less than thirty nor more than sixty days after the date of notice of such termination. In the case of any such taking by eminent domain, the effective date of the termination shall be the day on which the taking authority or casualty. If Landlord does not elect to so terminate, this Lease shall take possession continue in force and (so long as the damage is not caused by the negligence or other wrongful act of the taken property. Tenant or Tenant’s employees, agents, contractors or invitees) Annual Fixed Rent and additional rent the Tax and Operating Cost Payment shall be apportioned and adjusted as of proportionately suspended or abated until the effective date of Premises (excluding any such termination. If in any such case improvements to the demised premises are rendered unfit for use and occupation and this lease is not so terminatedPremises made at Tenant’s expense), Landlord shall use due diligence to put the demised premises, or, in the case of a taking, or what may remain thereof (excluding any items which Tenant may be required or permitted to removethereof, from the demised premises at the expiration of the Term) into proper condition for use and occupation, but Landlord shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefor, and a just proportion of the Fixed Rent and additional rent according to the nature and extent of the injury to the demised premises shall be abated until the demised premises or such remainder shall have been put by Landlord in such condition; proper condition for use, which Landlord covenants to do with reasonable diligence to the extent permitted by zoning and building codes or ordinances then in case of a taking which permanently reduces the area existence. Irrespective of the demised premisesform in which recovery may be had by law, a just proportion of the Fixed Rent shall be abated all rights to seek reimbursement for the remainder of the Term. Notwithstanding the foregoing, in the event that there is a damages or compensation from fire or other casualty or a any taking by eminent domain or by action condemnation shall belong to Landlord in all cases. Tenant hereby grants to Landlord all of public or other authority, Landlord shall, within thirty (30) days of such event, make a good faith estimate of the anticipated restoration time. If pursuant Tenant’s rights to such estimate claims for damages and compensation and covenants to deliver such further assignments thereof as Landlord may from time to time request. Nothing contained herein shall be construed to prevent Tenant from prosecuting in any condemnation proceedings a claim for relocation expenses, provided that such action shall not affect the damage to the base buildings or the Lot cannot be repaired and restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business within eighteen (I8) months amount of compensation otherwise recoverable by Landlord from the occurrence of the same, Tenant shall have the right to terminate this lease by notice to this effect given to Landlord within thirty (30) days after receipt of Landlord’s determination as aforesaid, and which termination shall be effective on the tenth (10th) day following the receipt by Landlord of said termination notice. If this lease shall not be terminated, as aforesaid, Landlord shall promptly commence to rebuild same provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Tenant shall have the right, as Tenant’s sole remedy, to terminate this lease at any time thereafter but prior to the completion of the restoration. Further, if any such fire or other casualty or taking by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty or taking, and which termination shall, be effective on the tenth (10th) day following the delivery of said termination noticeauthority.

Casualty and Taking. In case during the Term all premises or building, or any substantial part thereof, shall be taken by any exercise of the demised premises, the buildings, right of eminent domain or Lot shall be materially destroyed or any one or more of them, are damaged by fire or any other unavoidable casualty or by action of any public or other authority, or shall suffer any material direct or consequential damage for which Landlord and Tenant, or either of them, shall be entitled to compensation by reason of anything done in pursuance of any public or other authority during this lease or are taken by eminent domainany extension thereof, then this lease shall terminate at the election of Landlord’s election, which election may be made notwithstanding Landlord’s entire interest may have been divested; and if Landlord shall not so elect, by notice given to Tenant within thirty (30) days after the occurrence of the event giving rise to the election to terminate. Said notice shall, then in the case of damage as aforesaid, specify the effective date of termination which shall be not less than thirty nor more than sixty days after the date of notice of such termination. In the case of any such taking by eminent domain, the effective date of the termination shall be the day on which the taking authority shall take possession of the taken property. Fixed Rent and additional rent shall be apportioned and adjusted as of the effective date of any such termination. If in any such case the demised premises are rendered unfit for use and occupation and this lease is not so terminated, Landlord shall use due diligence to put the demised premises, or, in the case of a taking, what may remain thereof (excluding any items which Tenant may be required destruction or permitted to remove, from damage rendering the demised premises at the expiration of the Term) into proper condition unfit for use and occupation, but Landlord shall not be required to spend more than the net proceeds of insurance or award of damages it receives therefor, and a just proportion of the Fixed Rent and additional said rent according to the nature and extent of the injury to the demised premises shall be abated until the demised premises premises, or such remainder in the case of a partial taking what may remain thereof, shall have been put in proper condition for use and occupation. Except for any relocation award payable directly to Tenant, Landlord reserves and excepts all rights to damages to the premises and building and the leasehold hereby created, now accrued or hereafter accruing by Landlord reason of anything lawfully done in such conditionpursuance of any public or other authority; and in case by way of confirmation, Tenant grants to Landlord all Tenant’s rights to such damages and covenants to execute and deliver such further instruments of assignment thereof as Landlord may from time to time request. Landlord shall give Tenant notice of its decision to terminate this lease or restore the premises within sixty (60) days after any occurrence giving rise to Landlord’s right to so terminate or restore. If a partial taking which permanently reduces the area of the demised premises, a just proportion of the Fixed Rent shall be abated for renders the remainder of the Term. Notwithstanding the foregoingpremises insufficient for Tenant’s use and Tenant shall so certify in good faith to Landlord, in the event that there is a fire or other if restoration or repair necessitated by any such casualty or a taking by eminent domain or by action of public or other authority, Landlord shall, is not substantially completed within thirty (30) 180 days from the date of such eventtaking or casualty, make a good faith estimate then Tenant may terminate this lease by notifying Landlord of the anticipated restoration timesuch election. If pursuant to such estimate the damage to the base buildings or the Lot cannot be repaired and restored to substantially the same dimensions as prior to the casualty and as reasonably required for Tenant to conduct its business within eighteen (I8) months from the occurrence of the same, Tenant shall have the right notify Landlord of Tenant’s election to terminate this lease by notice to this effect given to Landlord within thirty (30) 30 days after receipt of Landlord’s determination as aforesaidthe event giving rise to its right so to terminate, and which any such termination by Tenant shall be effective on the tenth 30 days after such notice (10th) day following the receipt by Landlord of said termination notice. If this lease shall not be terminatedunless, as aforesaid, Landlord shall promptly commence to rebuild same provided, however, that if the buildings or Lot are not so restored within said eighteen (18) months, then Tenant shall have the right, as Tenant’s sole remedy, elects to terminate this lease at any time thereafter but prior on account of Landlord’s failure to substantially complete the completion restoration or repair of the restoration. Furtherpremises as aforesaid, if any such fire or other casualty or taking work is substantially completed within 30 days following receipt of such notice by eminent domain or by action of public or other authority occurs during the last two (2) years of the Term of this lease, and the demised premises are damaged or destroyed as a result thereof to the extent of fifteen percent (15%) or more of its insurable value, or if the square foot floor area of the demised premises are reduced by such taking during the last two (2) years of the Term by more than fifteen percent (15%Landlord), then Landlord and Tenant shall have the right to terminate this lease, by written notice given to the other party within thirty (30) days after the casualty or taking, and which termination shall, be effective on the tenth (10th) day following the delivery of said termination notice.