Common use of DAMAGE AND DESTRUCTION OF PREMISES Clause in Contracts

DAMAGE AND DESTRUCTION OF PREMISES. In the event of fire or other casualty damage to the Premises during the Lease Term which requires repairs to the Premises, Landlord shall commence to make said repairs within ninety (90) days after written notice by Tenant of the necessity therefor and diligently proceed therewith to completion. The Minimum Monthly Rent shall be proportionately reduced while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. Landlord shall have no obligation to repair, restore, or replace Tenant’s trade fixtures or personal property and Tenant shall be solely responsible therefor. Notwithstanding the above, if (a) during the last year of the Lease Term the Premises or the Building is damaged as a result of fire or any other insured casualty, or (b) the Premises are damaged to the extent of twenty-five percent (25%) or more of the replacement value of the Premises, or (c) the Premises or the Building is damaged or destroyed as a result of a casualty not insured against, or (d) the Building shall be damaged or destroyed by fire or other cause to the extent of twenty percent (20%) or more of the Building’s replacement value, then Landlord shall have the right, to be exercised by notice in writing to Tenant given within ninety (90) days after said occurrence, to terminate this Lease. Tenant waives any statutory or other right Tenant may have to cancel this Lease as a result of such destruction and no such destruction shall annul or void this Lease. The provisions of this Article shall supersede the obligations of Landlord to make repairs under Article 17 of the Lease. Notwithstanding the provisions of this Article 22, if the Premises or any other portion of the Building are damaged by fire or other casualty resulting from the negligent act or omission or willful misconduct of Tenant or Tenant’s Permittees, Minimum Monthly Rent shall not be reduced during the repair of the damage, and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that cost and expense is not covered by insurance proceeds.

DAMAGE AND DESTRUCTION OF PREMISES. In the event of fire (a) partial destruction of said premises or other casualty damage to the Premises building containing same during the Lease Term term of this lease, which requires repairs either to demised premises or said building; or (b) the Premisesdemised premises or said building being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Tenant's act, use or occupation, which declaration requires to repair either the demised premises or said building, Landlord shall commence forthwith make the repairs, provided Tenant gives to make said repairs within ninety Landlord thirty (9030) days after written notice by Tenant of the necessity therefor and diligently proceed therewith thereof. No such partial destruction (including any destruction necessary in order to completion. The Minimum Monthly Rent make repairs required by any declaration made by any public authority) shall in any way nullify or void this lease except that Tenant shall be proportionately reduced entitled to a proportionate reduction of base rental while such the repairs are being made, . Such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premisesdemised premises. Landlord shall have no obligation to repair, restore, or replace Tenant’s trade fixtures or personal property and Tenant shall be solely responsible therefor. Notwithstanding the aboveHowever, if (a) during the last year term of this lease, the Lease Term the Premises or the Building building is damaged as a result of fire or any other insured casualty, or (b) the Premises are damaged casualty to the an extent in excess of twenty-five percent twentyfive (25%) or more per cent of its then replacement cost, (excluding foundations(s)), Landlord may within thirty (30) days following the replacement value of date such damage occurs, terminate this lease by written notice to Tenant. If Landlord, however, elects to make said repairs, and provided Landlord uses due diligence in making repairs, this lease shall continue in full force and effect and the Premises, or (c) the Premises or the Building is damaged or destroyed as a result of a casualty not insured against, or (d) the Building base rental shall be damaged or destroyed by fire or other cause to the extent of twenty percent (20%) or more of the Building’s replacement value, then proportionately reduced as hereinafter provided. If Landlord shall have the right, to be exercised by notice in writing to Tenant given within ninety (90) days after said occurrence, elects to terminate this Leaselease, all rentals shall be prorated between Landlord and Tenant as of the date of such destruction. In respect to any partial destruction (including any destruction necessary in order to make repairs required by any such declaration of any authorized public authority) which Landlord is obligated to repair or may elect to repair under the terms of this Article, Tenant waives any statutory or other right Tenant it may have to cancel this Lease lease as a result of such destruction and no such destruction shall annul or void this Lease. The provisions of this Article shall supersede the obligations of Landlord to make repairs under Article 17 of the Lease. Notwithstanding the provisions of this Article 22, if the Premises or any other portion of the Building are damaged by fire or other casualty resulting from the negligent act or omission or willful misconduct of Tenant or Tenant’s Permittees, Minimum Monthly Rent shall not be reduced during the repair of the damage, and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that cost and expense is not covered by insurance proceedsdestruction.

DAMAGE AND DESTRUCTION OF PREMISES. In the event of fire (a) partial or other casualty damage to the Premises total destruction of said building containing same during the Lease Term said term which requires repairs to the Premisessaid building, or (b) said building being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Tenant’s act, use or occupation, which declaration requires repairs to said building, Landlord shall commence to forthwith make said repairs within ninety provided Tenant gives to landlord thirty (9030) days after written notice by Tenant of the necessity therefor and diligently proceed therewith therefor. No such partial destruction (including any destruction necessary in order to completion. The Minimum Monthly Rent make repairs required by any declaration made by any public authority) shall in any wise annul or void this lease except that Tenant shall be proportionately reduced entitled to a proportionate reduction of minimum guaranteed rental while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premisessaid premises. Landlord shall have no obligation to repair, restore, or replace Tenant’s trade fixtures or personal property and Tenant shall be solely responsible therefor. Notwithstanding the aboveHowever, if (a) during the last year four (4) years of the Lease Term term of this lease the Premises or the Building building is damaged as a result of fire or any other insured casualty, or (b) the Premises are damaged casualty to the an extent in excess of twenty-five percent (25%) or more percent of its then replacement cost, (excluding foundation(s)), Landlord may within thirty (30) days following the date such damage occurs terminate this lease by written notice to Tenant. If Landlord, however, elects to make said repairs, and provided Landlord uses due diligence in making said repairs to building, this lease shall continue in full force and effect, and the minimum guaranteed rental shall be proportionately reduced as hereinabove provided. If Landlord elects to terminate this lease, all rentals shall be prorated between Landlord and Tenant as of the replacement value date of such destruction. The foregoing to the Premisescontrary notwithstanding, or (c) if the Premises or the Building building is damaged or destroyed at any time during the term hereof to an extent of more than twenty-five (25%) percent of its then replacement cost (excluding foundation(s)) as a result of a casualty not insured against, or Landlord may within thirty (d30) days following the Building date of such destruction terminate this lease upon written notice to tenant. If Landlord does not elect to so terminate because of said uninsured casualty, Landlord shall promptly rebuild and repair said building and Tenant’s rental obligation shall be damaged proportionately reduced as hereinabove provided. In respect to any partial or destroyed total destruction (including any destruction necessary in order to make repairs required by fire any such declaration of any authorized public authority) which Landlord is obligated to repair or other cause may elect to repair under the extent terms of twenty percent (this Article 20%) or more of the Building’s replacement value, then Landlord shall have the right, to be exercised by notice in writing to Tenant given within ninety (90) days after said occurrence, to terminate this Lease. Tenant waives any statutory or other right Tenant it may have to cancel this Lease lease as a result of such destruction and no such destruction shall annul or void this Lease. The provisions of this Article shall supersede the obligations of Landlord to make repairs under Article 17 of the Lease. Notwithstanding the provisions of this Article 22, if the Premises or any other portion of the Building are damaged by fire or other casualty resulting from the negligent act or omission or willful misconduct of Tenant or Tenant’s Permittees, Minimum Monthly Rent shall not be reduced during the repair of the damage, and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that cost and expense is not covered by insurance proceedsdestruction.

DAMAGE AND DESTRUCTION OF PREMISES. In the event of fire or other casualty damage to the Premises during the Lease Term which requires repairs to the Premises, Landlord shall commence to make said repairs within ninety (90) days after written notice by Tenant of the necessity therefor therefore and diligently proceed therewith to completion. The Minimum Monthly Rent shall be proportionately reduced while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. Landlord shall have no obligation to repair, restore, or replace Tenant’s trade fixtures or personal property and Tenant shall be solely responsible therefortherefore. Notwithstanding the above, if (a) during the last year of the Lease Term the Premises or the Building is damaged as a result of fire or any other insured casualty, or (b) the Premises are damaged to the extent of twenty-five percent (25%) or more of the replacement value of the Premises, or (c) the Premises or the Building is damaged or destroyed as a result of a casualty not insured against, or (d) the Building shall be damaged or destroyed by fire or other cause to the extent of twenty percent (20%) or more of the Building’s replacement value, then Landlord or Tenant shall have the right, to be exercised by notice in writing to Tenant given within ninety (90) days after said occurrence, to terminate this Lease. Tenant waives any statutory or other right Tenant may have to cancel this Lease as a result of such destruction and no such destruction shall annul or void this Lease. The provisions of this Article shall supersede the obligations of Landlord to make repairs under Article 17 of the Lease. Notwithstanding the provisions of this Article 22, if the Premises or any other portion of the Building are damaged by fire or other casualty resulting from the negligent act or omission or willful misconduct of Tenant or Tenant’s Permittees, Minimum Monthly Rent shall not be reduced during the repair of the damage, and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that cost and expense is not covered by insurance proceeds.

DAMAGE AND DESTRUCTION OF PREMISES. In the event of fire or other casualty damage to the Premises during the Lease Term which requires repairs to the Premises, Landlord shall commence to make said repairs within ninety sixty (9060) days after written notice by Tenant of the necessity therefor and diligently proceed therewith to completion. The Minimum Monthly Rent shall be proportionately reduced while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. Landlord shall have no obligation to repair, restore, or replace Tenant’s 's trade fixtures or personal property and Tenant shall be solely responsible therefor. Notwithstanding the above, if (a) during the last year of the Lease Term the Premises or the Building is damaged as a result of fire or any other insured casualty, or (b) the Premises are damaged to the extent of twenty-five percent (25%) or more of the replacement value of the Premises, or (c) the Premises or the Building is damaged or destroyed as a result of a casualty not insured against, or (d) the Building shall be damaged or destroyed by fire or other cause to the extent of twenty percent (20%) or more of the Building’s 's replacement value, then Landlord shall have the right, to be exercised by notice in writing to Tenant given within ninety (90) days after said occurrence, to terminate this Lease. Tenant waives any statutory or other right Tenant may have to cancel this Lease as a result of such destruction and no such destruction shall annul or void this Lease. The provisions of this Article shall supersede the obligations of Landlord to make repairs under Article 17 16 of the this Lease. Notwithstanding the provisions of this Article 2221, if the Premises or any other portion of the Building are damaged by fire or other casualty resulting from the negligent act or omission emission or willful misconduct of Tenant or Tenant’s 's Permittees, Minimum Monthly Rent shall not be reduced during the repair of the damage, and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that cost and expense is not covered by insurance proceeds.

DAMAGE AND DESTRUCTION OF PREMISES. In the event of fire or other casualty damage to the Premises during the Lease Term which requires repairs to the Premises, Landlord shall commence to make said repairs within ninety sixty (9060) days after written notice by Tenant of the necessity therefor and diligently proceed therewith to completion. The Minimum Monthly Rent shall be proportionately reduced while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. Landlord shall have no obligation to repair, restore, or replace Tenant’s 's trade fixtures or personal property and Tenant shall be solely responsible therefor. Notwithstanding the above, if (a) during the last year of the Lease Term the Premises or the Building is damaged as a result of fire or any other insured casualty, or (b) the Premises are damaged to the extent of twenty-five percent (25%) or more of the replacement value of the Premises, or (c) the Premises or the Building is damaged or destroyed as a result of a casualty not insured against, or (d) the Building shall be damaged or destroyed by fire or other cause to the extent of twenty percent (20%) or more of the Building’s 's replacement value, then Landlord shall have the right, to be exercised by notice in writing to Tenant given within ninety (90) days after said occurrence, to terminate this Lease. Tenant waives any statutory or other right Tenant may have to cancel this Lease as a result of such destruction and no such destruction shall annul or void this Lease. The provisions of this Article shall supersede the obligations of Landlord to make repairs under Article 17 of the Lease. Notwithstanding the provisions of this Article 22, if the Premises or any other portion of the Building are damaged by fire or other casualty resulting from the negligent act or omission or willful misconduct of Tenant or Tenant’s 's Permittees, Minimum Monthly Rent shall not be reduced during the repair of the damage, and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that cost and expense is not covered by insurance proceeds.

DAMAGE AND DESTRUCTION OF PREMISES. In the event case of fire or other casualty any material damage to the Premises during the Lease Term which requires repairs to the Premises, Landlord shall commence to make said repairs within ninety (90) days after written notice by Tenant or destruction of the necessity therefor and diligently proceed therewith to completion. The Minimum Monthly Rent shall be proportionately reduced while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. Landlord shall have no obligation to repair, restore, or replace Tenant’s trade fixtures or personal property and Tenant shall be solely responsible therefor. Notwithstanding the above, if (a) during the last year of the Lease Term the Premises or the Building is damaged as a result of fire or any other insured casualty, or (b) the Premises are damaged to the extent of twenty-five percent (25%) or more of the replacement value portion of the Premises, or (c) Tenant shall give prompt written notice thereof to Landlord. If the Premises or the Building is damaged or destroyed as a result of a casualty not insured against, or (d) the Building shall should be damaged or totally destroyed by fire or other cause to casualty, or if the extent of twenty percent Premises should be so damaged that rebuilding cannot reasonably be completed within one hundred eighty (20%) or more of the Building’s replacement value, then Landlord shall have the right, to be exercised by notice in writing to Tenant given within ninety (90180) days after said occurrencethe date of written notification by Tenant to Landlord of the destruction, Tenant shall be entitled to terminate this Lease. Tenant waives any statutory or other right Tenant may have to cancel this Lease as a result of such destruction and no such destruction the rent shall annul or void this Lease. The provisions of this Article shall supersede be abated for the obligations of Landlord to make repairs under Article 17 unexpired portion of the Lease, effective as of the date of the written notification thereof. Notwithstanding the provisions of this Article 22, if the Premises or If any other portion of the Building are Premises shall be partially damaged by fire or other casualty resulting from and this Lease is not terminated by Tenant pursuant to the negligent act preceding provisions of this Lease then Landlord shall proceed promptly and with due diligence to repair and restore the damaged portion to substantially the same condition and quality as prior to such damage, provided that if such damage or omission or willful misconduct of Tenant or Tenant’s Permittees, Minimum Monthly Rent destruction shall not be reduced occur during the repair last twelve (12) months of the term of this Lease, unless Tenant shall have properly exercised its right to renew under Section 3.02 or its right to purchase the Premises under Section 25.01, Landlord shall have the right to terminate this Lease by giving Tenant notice of its election to do so within sixty (60) days after the date of such damage or destruction, and upon the giving of such notice, this Lease shall terminate and neither party shall have any further rights or obligations under this Lease, except that Landlord shall have the right to all insurance proceeds on the Building. If the Premises are rebuilt or replaced and are untenantable in whole or in part following the damage, the rent and all other sums payable by Tenant under this Lease during the period for which the Premises are untenantable shall be liable abated in proportion to Landlord for the cost and expense that part of the repair Premises that is unfit for use in Tenant's business. The abatement shall consider the nature and extent of interference to Tenant's ability to conduct business in the Premises and the need for access and essential services. The abatement shall continue from the date the damage occurred until ten (10) business days after Landlord completes the repairs and restorations and notice to Tenant that the repairs and restoration of are completed, or until Tenant again uses the Premises or the Building caused thereby part rendered unusable, whichever is first. If Landlord fails to restore the extent that cost Premises within one hundred eighty (180) days after such damage occurs, Tenant shall be entitled to terminate this Lease by delivering written notice thereof to Landlord. Tenant shall make the insurance proceeds available to Landlord for such repairs and expense is not covered by insurance proceedsrestorations.

DAMAGE AND DESTRUCTION OF PREMISES. In the event of fire (i) partial destruction of the premises or other casualty damage to the Premises building containing the same during the term of this Lease Term or any extensions hereof, which requires repairs to either the Premisespremises or said building; or (ii) the premises or any building being condemned by a public authority having jurisdiction over the property for any reason other than Tenant’s act, use or occupation, which declaration requires repairs to either the premises or said building, Landlord shall commence to forthwith make said repairs within ninety repairs, provided Tenant gives to Landlord thirty (9030) days after written notice by Tenant of the necessity therefor and diligently proceed therewith therefor. No such partial destruction (including any destruction necessary in order to completion. The Minimum Monthly Rent make repairs required by any declaration made by any public authority) shall in any way annul or void this Lease, except that Tenant shall be proportionately reduced entitled to a proportionate reduction of rental while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premisespremises. In the event the premises are damaged to such an extent as to render the same untenantable in whole or in a substantial part thereof, or are destroyed, Landlord may either cancel this Lease or repair or rebuild the premises. If Landlord elects to repair or rebuild the premises, Landlord shall use all insurance proceeds available for such purposes and shall have not more than thirty (30) days from such happening to notify the Tenant in writing of Landlord’s intentions to repair or rebuild said premises. Landlord shall have no obligation be required to repair, restore, or replace Tenantrepair only those improvements originally made by Landlord at Landlord’s trade fixtures or personal property expense and Tenant shall be solely responsible thereformake any and all repairs as to improvements installed or paid for by Tenant, at Tenant’s expense. Notwithstanding If Landlord elects to make said repairs, this Lease shall continue in full force and effect and the above, if (a) during the last year of the Lease Term the Premises or the Building is damaged as a result of fire or any other insured casualty, or (b) the Premises are damaged to the extent of twenty-five percent (25%) or more of the replacement value of the Premises, or (c) the Premises or the Building is damaged or destroyed as a result of a casualty not insured against, or (d) the Building rental shall be damaged or destroyed by fire or other cause to the extent of twenty percent (20%) or more of the Building’s replacement value, then proportionately reduced as hereinabove provided. If Landlord shall have the right, to be exercised by notice in writing to Tenant given within ninety (90) days after said occurrence, elects to terminate this Lease. , all rentals shall be prorated between Landlord and Tenant waives any statutory or other right Tenant may have to cancel this Lease as a result of the date of such destruction. In respect to any partial destruction and no such destruction shall annul which Landlord is obligated to repair or void this Lease. The provisions may elect to repair under the terms of this Article shall supersede the obligations of Landlord to make repairs under Article 17 of the Lease. Notwithstanding 19, the provisions of this Article 22Section 1932, if the Premises or any other portion Subdivision (2) and Section 1933, Subdivision (4) of the Building California Civil Code are damaged hereby waived by fire or other casualty resulting from the negligent act or omission or willful misconduct of Tenant or Tenant’s Permittees, Minimum Monthly Rent shall not be reduced during the repair of the damage, and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that cost and expense is not covered by insurance proceeds.

DAMAGE AND DESTRUCTION OF PREMISES. In the event of fire a total or other casualty damage partial destruction of the improvements constructed on the leased premises during the term of the Lease, from any cause covered by the insurance described in Paragraph 9 of the Lease, Tenant shall promptly repair the same, but such destruction shall not annul or void the Lease; provided that the holder of any encumbrance makes the insurance proceeds available to Tenant or in lieu thereof, the lender may hold said proceeds in trust to be distributed to Tenant, or Tenant's subcontractors as the work progresses and Tenant delivers certification of the same. The proceeds received from the rental value insurance described in said Paragraph 9 shall be paid to Landlord during the six (6) month period covered by said insurance but, subsequent to said date, the rent reserved to be paid hereunder shall be equitably adjusted according to the Premises during the Lease Term which requires repairs to the Premises, Landlord shall commence to make said repairs within ninety (90) days after written notice by Tenant amount and value of the necessity therefor and diligently proceed therewith to completion. The Minimum Monthly Rent shall be proportionately reduced while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. Landlord shall have no obligation to repair, restore, or replace Tenant’s trade fixtures or personal property and Tenant shall be solely responsible thereforundamaged space. Notwithstanding the aboveprovisions of this Paragraph 11, if (a) during in the last year of the Lease Term the Premises or the Building event there is damaged as a result of fire or any other insured casualtytotal destruction, or (b) the Premises are damaged partial destruction to the extent of twenty-five fifty percent cent (2550%) or more of the replacement value improvements constructed on the leased premises during the last one hundred twenty (120) days of the Premisesinitial term, or during the last one hundred twenty (c120) the Premises or the Building is damaged or destroyed as a result of a casualty not insured against, or (d) the Building shall be damaged or destroyed by fire or other cause to the extent of twenty percent (20%) or more days of the Building’s replacement valueextended term under any option to extend this Lease, then Tenant can elect to terminate this Lease by written notice delivered to Landlord shall have the right, to be exercised by notice in writing to Tenant given within ninety not more than thirty (9030) days after said occurrencethe destruction or damage, provided that in the event Tenant elects to so terminate, the insurance proceeds payable under the insurance described in Paragraph 9 shall be the property of the Landlord. In the event of damage or destruction by any casualty other than a casualty insured under the insurance referred to hereinabove, Landlord may restore the premises or, at Landlord's option, may elect to terminate this Lease. the Lease and thereupon be released from further obligation under the Lease by giving written notice thereof to Tenant waives any statutory or other right Tenant may have to cancel this Lease as a result within twenty (20) days after the occurrence of such destruction and no casualty, unless Tenant elects to restore the premises, by written notice of such destruction shall annul or void this Lease. The provisions election to Landlord, delivered to Landlord within twenty (20) days after the receipt of this Article shall supersede the obligations of Landlord Landlord's written election to make repairs under Article 17 of terminate the Lease, in which event Tenant shall, as soon as reasonably possible, commence and proceed diligently to restore the premises substantially to the condition thereof immediately prior to such damage or destruction. Notwithstanding If neither party elects to restore the provisions of this Article 22improvements, if the Premises or any other portion of Lease shall be terminated and thereupon the Building are damaged by fire or other casualty resulting from the negligent act or omission or willful misconduct of Tenant or Tenant’s Permittees, Minimum Monthly Rent shall not be reduced during the repair of the damage, Landlord and Tenant shall be liable released from further obligation thereunder, except that Landlord shall be obligated to Landlord for the cost and expense of the repair and restoration of the Premises or the Building caused thereby repay Tenant any unused prepaid rent paid to the extent that cost and expense is not covered by insurance proceedsLandlord.

DAMAGE AND DESTRUCTION OF PREMISES. In the event of fire (a) a total or other casualty damage to the Premises partial destruction of said premises resulting from a casuality insured against, during the Lease Term lease term or extensions which requires repairs to or the Premisesrebuilding of the demised premises, Landlord or (b) said premises being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Lessee’s act, use or occupation, which declaration requires repairs to either said premises or said building, Lessor shall commence to forthwith make said repairs within ninety provided Lessee gives to Lessor thirty (9030) days after written notice by Tenant of the necessity therefor and diligently proceed therewith therefor. No partial destruction (including any destruction necessary in order to completion. The Minimum Monthly Rent make repairs required by any declaration made by any public authority) shall in any wise annul or void this Lease except that Lessee shall be proportionately reduced entitled to a proportionate reduction of the then existing rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant Lessee in the Premisessaid premises. Landlord shall have no obligation to repair, restore, or replace Tenant’s trade fixtures or personal property and Tenant shall be solely responsible therefor. Notwithstanding the aboveHowever, if (a) during the last year of the Lease Term term of this lease the Premises or the Building building is damaged as a result of fire or any other insured casualtycasualty to an extent in excess of fifty percent (50%) of its then replacement cost, or (bincluding foundation(s), Lessor may within thirty (30) days following the Premises are damaged date such damage occurs terminate this lease by written notice to Lessee. If Lessor, however, elects to make said repairs, and provided Lessor uses due diligence in making said repairs, this lease shall continue in full force and effect and the minimum guaranteed rental shall be proportionately reduced as hereinabove provided. If Lessor elects to terminate this lease all rentals shall be prorated between Lessor and Lessee as of the date of such destruction. The foregoing to the extent of twenty-five percent (25%) or more of contrary notwithstanding, if the replacement value of the Premises, or (c) the Premises or the Building building is damaged or destroyed at any time during the term hereof to an extent of more than fifty percent (50%) of its then replacement cost (excluding foundation(s) as a result of a casualty not insured against, or Lessor may within thirty (d) the Building shall be damaged or destroyed by fire or other cause to the extent of twenty percent (20%) or more of the Building’s replacement value, then Landlord shall have the right, to be exercised by notice in writing to Tenant given within ninety (9030) days after said occurrence, to terminate this Lease. Tenant waives any statutory or other right Tenant may have to cancel this Lease as a result following the date of such destruction terminate this lease upon written notice to Lessee. If Lessor does not elect to so terminate because of said uninsured casualty, Lessor shall promptly rebuild and no such destruction shall annul or void this Lease. The provisions of this Article shall supersede the obligations of Landlord to make repairs under Article 17 of the Lease. Notwithstanding the provisions of this Article 22, if the Premises or any other portion of the Building are damaged by fire or other casualty resulting from the negligent act or omission or willful misconduct of Tenant or Tenantrepair said premises and Lessee’s Permittees, Minimum Monthly Rent shall not be reduced during the repair of the damage, and Tenant rental obligation shall be liable to Landlord for the cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that cost and expense is not covered by insurance proceedsproportionately reduced as hereinabove provided.

DAMAGE AND DESTRUCTION OF PREMISES. In the event of fire a total or other casualty damage partial destruction of the improvements constructed on the leased premises during the term of the Lease, from any cause covered by the insurance described in Paragraph 9 of the Lease, Tenant shall promptly repair the same, but such destruction shall not annul or void the Lease; provided that the holder of any encumbrance makes the insurance proceeds available to Tenant or in lieu thereof, the lender may hold said proceeds in trust to be distributed to Tenant, or Tenant's subcontractors as the work progresses and Tenant delivers certification of the same. The proceeds received from the rental value insurance described in said Paragraph 9 shall be paid to Landlord during the six (6) month period covered by said insurance but, subsequent to said date, the rent reserved to be paid hereunder shall be equitably adjusted according to the Premises during the Lease Term which requires repairs to the Premises, Landlord shall commence to make said repairs within ninety (90) days after written notice by Tenant amount and value of the necessity therefor and diligently proceed therewith to completion. The Minimum Monthly Rent shall be proportionately reduced while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premises. Landlord shall have no obligation to repair, restore, or replace Tenant’s trade fixtures or personal property and Tenant shall be solely responsible thereforundamaged space. Notwithstanding the aboveprovisions of this Paragraph 11, if (a) during in the last year of the Lease Term the Premises or the Building event there is damaged as a result of fire or any other insured casualtytotal destruction, or (b) the Premises are damaged to partial destruction of the extent of twenty-five fifty percent cent (2550%) or more of the replacement value improvements constructed on the leased premises during the last one hundred twenty (120) days of the Premisesinitial term, or during the last one hundred twenty (c120) the Premises or the Building is damaged or destroyed as a result of a casualty not insured against, or (d) the Building shall be damaged or destroyed by fire or other cause to the extent of twenty percent (20%) or more days of the Building’s replacement valueextended term under any option to extend this Lease, then Tenant can elect to terminate this Lease by written notice delivered to Landlord shall have the right, to be exercised by notice in writing to Tenant given within ninety not more than thirty (9030) days after said occurrencethe destruction or damage, provided that in the event Tenant elects to so terminate, the insurance proceeds payable under the insurance described in Paragraph 9 shall be the property of the Landlord. In the event of damage or destruction by any casualty other than a casualty insured under the insurance referred to hereinabove, Landlord may restore the premises or, at Landlord's option, may elect to terminate this Lease. the Lease and thereupon be released from further obligation under the Lease by giving written notice thereof to Tenant waives any statutory or other right Tenant may have to cancel this Lease as a result within twenty (20) days after the occurrence of such destruction and no casualty, unless Tenant elects to restore the premises, by written notice of such destruction shall annul or void this Lease. The provisions election to Landlord, delivered to Landlord within twenty (20) days after the receipt of this Article shall supersede the obligations of Landlord Landlord's written election to make repairs under Article 17 of terminate the Lease, in which event Tenant shall, as soon as reasonably possible, commence and proceed diligently to restore the premises substantially to the condition thereof immediately prior to such damage or destruction. Notwithstanding If neither party elects to restore the provisions of this Article 22improvements, if the Premises or any other portion of Lease shall be terminated and thereupon the Building are damaged by fire or other casualty resulting from the negligent act or omission or willful misconduct of Tenant or Tenant’s Permittees, Minimum Monthly Rent shall not be reduced during the repair of the damage, Landlord and Tenant shall be liable released from further obligation thereunder, except that Landlord shall be obligated to Landlord for the cost and expense of the repair and restoration of the Premises or the Building caused thereby repay Tenant any unused prepaid rent paid to the extent that cost and expense is not covered by insurance proceedsLandlord.

DAMAGE AND DESTRUCTION OF PREMISES. In the event of fire (a) partial destruction of said premises or other casualty damage to the Premises building containing same during the Lease Term term of this lease or any extensions thereof, which requires repairs to the Premiseseither said premises or said building, or (b) said premises or said building being declared unsafe, or unfit for occupancy by any authorized public authority for any reason other than Tenant’s act, use or occupation, which declaration requires repairs to either said premises or said building, Landlord shall commence to forthwith make said repairs within ninety provided Tenant gives to Landlord thirty (9030) days after written notice by Tenant of the necessity therefor and diligently proceed therewith therefor. No such partial destruction (including any destruction necessary in order to completion. The Minimum Monthly Rent make repairs required by any declaration made by any public authority) shall in any way annul or void this lease except that Tenant shall be proportionately reduced entitled to a proportionate reduction of minimum guaranteed rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in the Premisessaid premises. Landlord shall have no obligation to repair, restore, or replace Tenant’s trade fixtures or personal property and Tenant shall be solely responsible therefor. Notwithstanding the aboveHowever, if (a) during the last year four years of the Lease Term term of this lease the Premises or the Building building is damaged as a result of fire or any other insured casualty, or (b) the Premises are damaged casualty to the an extent in excess of twenty-five percent (25%) or more percent of its then replacement cost (excluding foundation(s)), Landlord may, within thirty (30) days following the date such damage occurs, terminate this lease by written notice to Tenant. If Landlord, however, elects to make said repairs, and provided Landlord uses due diligence in making said repairs, this lease shall continue in full force and effect and the minimum guaranteed rent shall be proportionately reduced as provided above. If Landlord elects to terminate this lease all rents shall be prorated between Landlord and Tenant as of the replacement value date of such destruction. The foregoing to the Premisescontrary notwithstanding, or (c) the Premises or the Building if building is damaged or destroyed at any time during the term hereof to an extent of more, than twenty-five (25%) percent of its then replacement cost (excluding foundation(s)) as a result of a casualty not insured against, or Landlord may within thirty (d30) days following the Building date of such destruction terminate this lease upon written notice to Tenant. If Landlord does not elect to so terminate because of said uninsured casualty, Landlord shall promptly rebuild and repair said premises and Tenant’s rental obligation shall be damaged or destroyed proportionately reduced as provided above. In respect to any partial destruction (including any destruction necessary in order to make repairs required by fire or other cause any authorized public authority) which Landlord is obligated to repair and may elect to repair under the extent terms of twenty percent (20%) or more of the Building’s replacement valuethis Article, then Landlord shall have the right, to be exercised by notice in writing to Tenant given within ninety (90) days after said occurrence, to terminate this Lease. Tenant waives any statutory or other right Tenant it may have to cancel this Lease lease as a result of such destruction and no such destruction shall annul or void this Lease. The provisions of this Article shall supersede the obligations of Landlord to make repairs under Article 17 of the Lease. Notwithstanding the provisions of this Article 22, if the Premises or any other portion of the Building are damaged by fire or other casualty resulting from the negligent act or omission or willful misconduct of Tenant or Tenant’s Permittees, Minimum Monthly Rent shall not be reduced during the repair of the damage, and Tenant shall be liable to Landlord for the cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that cost and expense is not covered by insurance proceedsdestruction.