Common use of DAMAGE AND DESTRUCTION OF PREMISES Clause in Contracts

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored within sixty (60) days after the date of such damage. D. If the Lease is not terminated by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualty.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything In the event of fire or other casualty damage to the contrary contained 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: A. Lessor . 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 have be reduced during the right repair of the damage, and Tenant shall be liable to terminate Landlord for the Lease if damage to or destruction cost and expense of the repair and restoration of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged Building caused thereby to the Premises which is not required to be covered by insurance, extent that cost and expense is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premisesproceeds. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored within sixty (60) days after the date of such damage. D. If the Lease is not terminated by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualty.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything (a) Landlord shall at all times during the term of this Lease carry property insurance on the building containing the Premises, including the “Structural Portions” (defined in Section 24(a) below) and common utility lines up to the contrary contained point they serve individual tenant’s premises. Landlord shall be under no obligation to maintain insurance on any improvements installed by or for the benefit of Tenant’s use of the premises or otherwise owned by Tenant. Landlord may elect to self-insure its obligations hereunder and/or use whatever deductibles as Landlord deems appropriate, in its sole discretion. (b) If the Premises shall be damaged, destroyed, or rendered untenantable, in whole or in part, by or as the result or consequence of fire or other casualty during the term hereof, Landlord shall repair and restore the same to a good tenantable condition with reasonable dispatch. During such period of repair, the rent herein provided for in this Lease shall axxxx (i) entirely in case all of the Premises are untenantable; and (ii) proportionately if only a portion of the Premises is untenantable and Tenant is able to economically conduct its business from the undamaged portion of the Premises. The abatement shall be based upon a fraction, the numerator of which shall be the square footage of the damaged and unusable area of the Premises and the denominator shall be the total square footage of the Premises. Said abatement shall cease at such time as the Premises shall be restored to a tenantable condition. (c) In the event the Premises, because of such damage or destruction, are not repaired and restored to a tenantable condition with reasonable dispatch within one hundred fifty (150) days from the date of receipt of insurance proceeds for such damage or destruction, Tenant or Landlord may, at their option, terminate this Lease within sixty (60) days following such one hundred fifty (150) day period but prior to the repair and restoration of same by giving prior written notice to the other party and thereupon Landlord and Tenant shall be released from all future liability and obligations under this Lease:. A. Lessor (d) If one-third (1/3) or more of the ground floor area of the Premises are damaged or destroyed during the last two (2) years of the original or any extended term of this Lease, Landlord shall not have the right to terminate the this Lease if damage by written notice to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than Tenant within sixty (60) days following such damage or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its termsdestruction, then as soon as reasonably practicableunless Tenant shall, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives following receipt of such notice, offer to extend the term of this Lease for an additional period of five (5) years from Lessor the estimate date such damage or destruction is repaired and restored. If Tenant makes said offer to extend, Landlord and Tenant shall determine the terms and conditions of the time needed to complete such restoration: said extension within thirty (i30) the Premises, with reasonable diligence, candays thereafter or Tenant’s offer shall not be fully repaired 50 deemed to prevent Landlord from canceling this Lease. If such terms and conditions have been mutually agreed to by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of termparties, then Landlord shall accept Tenant’s offer and cannot be substantially restored within sixty (60) days after the date of such damage. D. If the Lease is not terminated by Lessor or Lessee as provided herein, Lessor shall repair and restore the Premises with reasonable dispatch thereafter. (e) If Landlord is required or elects to repair and all tenant restore the Premises as herein provided, Tenant shall repair or replace its stock in trade, trade fixtures, furniture, furnishings and equipment and other improvements installed by Lessor including floor coverings, and if Tenant has closed, Tenant shall promptly reopen for business. Anything contained in this Section 22 to the condition contrary notwithstanding, Landlord’s restoration and repair obligations under Section 22 shall in which they existed immediately prior to the casualtyno event include restoration or repair of Tenant’s Work or improvements.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged damage to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril and ant Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to 30 complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored within sixty (60) days after the date of such damage. D. If the Lease is not terminated by Lessor or Lessee as provided herein, Lessor Lesser shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualty.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything (a) Landlord shall at all times during the term of this Lease carry property insurance on the building containing the Premises, including the "Structural Portions" (defined in Section 24(a) below) and common utility lines up to the contrary contained point they serve individual tenant's premises. Landlord shall be under no obligation to maintain insurance on any improvements installed by or for the benefit of Tenant's use of the premises or otherwise owned by Tenant. Landlord may elect to self-insure its obligations hereunder and/or use whatever deductibles as Landlord deems appropriate, in its sole discretion. (b) If the Premises shall be damaged, destroyed, or rendered untenantable, in whole or in part, by or as the result or consequence of fire or other casualty during the term hereof, Landlord shall repair and restore the same to a good tenantable condition with reasonable dispatch. During such period of repair, the rent herein provided for in this Lease shall xxxxx (i) entirely in case all of the Premises are untenantable; and (ii) proportionately if only a portion of the Premises is untenantable and Tenant is able to economically conduct its business from the undamaged portion of the Premises. The abatement shall be based upon a fraction, the numerator of which shall be the square footage of the damaged and unusable area of the Premises and the denominator shall be the total square footage of the Premises. Said abatement shall cease at such time as the Premises shall be restored to a tenantable condition. (c) In the event the Premises, because of such damage or destruction, are not repaired and restored to a tenantable condition with reasonable dispatch within one hundred fifty (150) days from the date of receipt of insurance proceeds for such damage or destruction, Tenant or Landlord may, at their option, terminate this Lease within sixty (60) days following such one hundred fifty (150) day period but prior to the repair and restoration of same by giving prior written notice to the other party and thereupon Landlord and Tenant shall be released from all future liability and obligations under this Lease:. A. Lessor (d) If one-third (1/3) or more of the ground floor area of the Premises are damaged or destroyed during the last two (2) years of the original or any extended term of this Lease, Landlord shall not have the right to terminate the this Lease if damage by written notice to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than Tenant within sixty (60) days following such damage or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its termsdestruction, then as soon as reasonably practicableunless Tenant shall, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives following receipt of such notice, offer to extend the term of this Lease for an additional period of five (5) years from Lessor the estimate date such damage or destruction is repaired and restored. If Tenant makes said offer to extend, Landlord and Tenant shall determine the terms and conditions of the time needed to complete such restoration: said extension within thirty (i30) the Premises, with reasonable diligence, candays thereafter or Tenant's offer shall not be fully repaired 50 deemed to prevent Landlord from canceling this Lease. If such terms and conditions have been mutually agreed to by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of termparties, then Landlord shall accept Tenant's offer and cannot be substantially restored within sixty (60) days after the date of such damage. D. If the Lease is not terminated by Lessor or Lessee as provided herein, Lessor shall repair and restore the Premises with reasonable dispatch thereafter. (e) If Landlord is required or elects to repair and all tenant restore the Premises as herein provided, Tenant shall repair or replace its stock in trade, trade fixtures, furniture, furnishings and equipment and other improvements installed by Lessor including floor coverings, and if Tenant has closed, Tenant shall promptly reopen for business. Anything contained in this Section 22 to the condition contrary notwithstanding, Landlord's restoration and repair obligations under Section 22 shall in which they existed immediately prior to the casualtyno event include restoration or repair of Tenant's Work or improvements.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to A. If, during the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of Term, the Premises or the building any part thereof shall be destroyed or damaged in which the Premises whole or in part by fire or any other cause, except condemnation, Tenant shall give to Landlord immediate written notice thereof and, so long as such destruction or damage is located, or both, results from a casualty ordinarily should be covered by insurance required to be carried maintained by Lessor Tenant under this Lease ("Insured Damage"), Tenant shall promptly repair, replace and rebuild such damaged or destroyed Premises, at least to the extent of the value of such Premises existing immediately prior to such damage. Landlord shall not be required to perform any repair, replacement or rebuilding of Insured Damage. Landlord shall make available the proceeds of any property hazard insurance payable on occurrence of such Insured Damage, subject to the terms of any Mortgage and subject to the following terms and conditions: (1) Landlord shall be entitled to require that any and all insurance proceeds payable as a result of such damage or destruction be held in trust by the First Mortgagee or a bank or trust company appointed for such purpose by First Mortgagee or Landlord ("Insurance Trustee"). Within 30 days after receipt of the insurance proceeds by Insurance Trustee, Tenant shall submit to Landlord complete plans and specifications which shall be designed to restore the Hotel or other damaged or destroyed improvements to at least the condition existing immediately prior to such damage or destruction and as completely in character as is practicable and reasonable and in compliance with any and all restrictions contained in any Mortgage then encumbering the Premises or any deed or use restrictions enforceable against the Premises. The plans and specifications shall be subject to the approval of Landlord, which approval shall not be unreasonably withheld. Within 30 days after submission of such plans and specifications, Landlord shall either approve the same or serve written notice upon Tenant of disapproval thereof and its objections thereto, but if no disapproval is given by Landlord within such 30-day period, then such plans and specifications shall be deemed to be approved by Landlord. (2) Following approval by Landlord of plans and specifications for the repair and/or rebuilding of the Hotel or other improvement in the Premises, Tenant shall furnish to the Insurance Trustee copies of any contracts which Tenant shall enter into for the making of repairs and/or restoration of the Hotel or other improvement in the Premises. During the course of such repair and/or restoration work, the Insurance Trustee shall pay to Tenant or to the contractors and subcontractors of Tenant for the account of Tenant, out of the insurance proceeds, 90% of the amounts owing for labor and materials furnished and supplied, with ten percent of such amounts being held as retainage, to be paid following 35 days after completion of the work, provided that no mechanics' or materialmen's liens have been filed against the Premises and/or the Premises as a result of such work. During such repair and/or restoration, Landlord, First Mortgagee and any architect, engineer or other representative whom either may select to act for it, may inspect the Hotel and other improvements in the Premises and all work and materials as rendered and installed during the course of such repair and/or restoration and upon completion. In the event that during repair and/or restoration, Landlord shall reasonably determine that the materials do not substantially conform to the approved specifications or that the damaged improvements in the Premises are not being restored substantially in accordance with the approved plans, Landlord shall give prompt written notice to Tenant specifying in detail the particular deficiency or omission. Upon receipt of any such notice, Tenant shall take such steps as shall be necessary to cause corrections to be made as to any deficiency or omission, and if necessary shall remove, replace and repair all items so that such work substantially complies with the approved plans and specifications. (3) If Tenant shall fail to commence repair and/or restoration, or cause such repair and/or restoration to be commenced, to the extent required under this Section 15.A, within 120 days from the date of such damage and destruction in accordance with the provisions of the Lease, or having commenced such repair or restoration, shall fail to complete it with reasonable diligence (subject to extension for acts of God and other events of force majeure), and such failure shall continue for a period of 30 days after written notice by Landlord, Landlord may, at its option and upon giving Tenant written notice that it elects so to do, make and complete such repair and restoration. In such event, and whether or not this Lease may have theretofore been terminated by reason of any default by Tenant, Landlord shall have the right, as such repair and restoration progresses, to use and apply any and all remaining insurance proceeds to the cost of completing such restoration. No occurrence of Insured Damage, or of any damage or destruction to Intangible Personal Property, shall give or grant to Tenant an option to terminate this Lease or entitle Tenant to any abatement of rental hereunder, except the Basic Rent shall be abated to the extent, if any, of the amount received by Landlord under any rent loss or business interruption insurance. (4) Notwithstanding any provisions in this Section 15.A to the contrary, if the Insured Damage shall be such that at least 30% of the Hotel (by floor area) requires rebuilding or restoration, and such damage or destruction occurs in the last two years of the Term, then Landlord shall have the option, in lieu of requiring the rebuilding and restoring the Hotel, to apply all insurance proceeds to the satisfaction of any Mortgage indebtedness encumbering the Premises. Such election shall be made within 60 days after the occurrence of the damage or destruction by written notice to Tenant. In such event, this Lease shall terminate and be of no further force and effect, and neither Landlord nor Tenant shall have any further rights, responsibilities or obligations hereunder. B. In the event of damaged to any damage or destruction of the Premises other than Insured Damage ("Uninsured Damage") which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair results in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its termsbeing rendered unusable as a hotel, then this Lease shall terminate as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored within sixty (60) days after the date of such damage. D. If Uninsured Damage, unless either Landlord or Tenant provides the Lease is other party with written notice, within 30 days after such Uninsured Damage, that it will pay for and promptly and diligently perform repair of any and all such Uninsured Damage. In the event of any Uninsured Damage which does not terminated by Lessor or Lessee as provided herein, Lessor shall restore result in the Premises and all tenant improvements installed by Lessor being rendered unusable as a hotel, then Basic Rent shall xxxxx in direct proportion to the condition in which they existed immediately prior proportion that the floor area of the Hotel subject to Uninsured Damage bears to the casualtyfloor area of the Hotel not subject to Uninsured Damage, effective as of the date of such the Uninsured Damage and until such time (if ever) as the same has been substantially repaired. Any repairs undertaken by Tenant under this Section 15.B shall be conducted pursuant to the provisions of Section 15.A above, except that Landlord shall be afforded all notice and approval rights otherwise provided to the Insurance Trustee.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged (a) partial or total destruction of said building containing same during said term which requires repairs to said 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 forthwith make said repairs provided Tenant gives to landlord thirty (30) days written notice of the Premises which is not necessity therefor. No such partial destruction (including any destruction necessary in order to 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 entitled to a proportionate reduction of minimum guaranteed rental while such repairs are being made, such proportionate reduction to be covered based upon the extent to which the making of such repairs shall interfere with the business carried on by insuranceTenant in said premises. However, and is not covered by insurance actually carried, Lessor shall not have if during the right to terminate the Lease last four (i4) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) years of the replacement cost term of this lease the Premises) building is damaged as a result of fire or (ii) if Lessee agrees any other insured casualty to pay the cost of repair an extent in excess of ten percent twenty-five (1025%) percent of the its then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its termscost, then as soon as reasonably practicable(excluding foundation(s)), Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor Landlord may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor following the estimate of the time needed date such damage occurs terminate this lease by written notice to complete such restoration: (i) the PremisesTenant. If Landlord, with reasonable diligencehowever, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of termelects to make said repairs, and cannot 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 substantially restored within sixty (60) days after proportionately reduced as hereinabove provided. If Landlord elects to terminate this lease, all rentals shall be prorated between Landlord and Tenant as of the date of such damage. D. If the Lease is not terminated by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor destruction. The foregoing to the condition contrary notwithstanding, if the 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, Landlord may within thirty (30) days following the 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 proportionately reduced as hereinabove provided. In respect to any partial or total destruction (including any destruction necessary in order to make repairs required by any such declaration of any authorized public authority) which they existed immediately prior Landlord is obligated to repair or may elect to repair under the casualtyterms of this Article 20, Tenant waives any statutory right it may have to cancel this lease as a result of such destruction.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged (a) partial destruction of said premises or the building containing same during the term of this lease, which requires repairs either to demised premises or said building; or (b) the Premises demised 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 is not declaration requires to repair either the demised premises or said building, Landlord shall forthwith make the repairs, provided Tenant gives to Landlord thirty (30) days written notice of the necessity thereof. No such partial destruction (including any destruction necessary in order to 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 entitled to a proportionate reduction of base rental while the repairs are being made. Such proportionate reduction to be covered based upon the extent to which the making of such repairs shall interfere with the business carried on by insuranceTenant in demised premises. However, and if during the term of this lease, the building is not covered by insurance actually carried, Lessor shall not have the right damaged as a result of fire or any other insured casualty to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair an extent in excess of ten percent twentyfive (1025%) per cent of the its then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its termscost, then as soon as reasonably practicable(excluding foundations(s)), Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor Landlord may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor following the estimate of the time needed date such damage occurs, terminate this lease by written notice to complete such restoration: (i) the PremisesTenant. If Landlord, with reasonable diligencehowever, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of termelects to make said repairs, and cannot provided Landlord uses due diligence in making repairs, this lease shall continue in full force and effect and the base rental shall be substantially restored within sixty (60) days after proportionately reduced as hereinafter provided. If Landlord elects to terminate this lease, all rentals shall be prorated between Landlord and Tenant as of the date of such damagedestruction. 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 right it may have to cancel this lease as a result of such destruction. D. If the Lease is not terminated by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualty.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to 21.1 In the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if event of (a) fire or other casualty damage to or destruction of the Premises or the building in Building during the Lease Term which requires repairs to either the Premises is locatedor the Building, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged to (b) the Premises or 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 is not required declaration requires repairs to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If either the Premises are damaged by any peril and Lessor does not elect or the Building, Landlord shall commence to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored make said repairs within sixty (60) days after of written notice by Tenant of the necessity therefor. The Minimum Monthly Rent shall be proportionately reduced from the date of such damagedamage or declaration, based upon the extent to which such damage or declaration and the making of such repairs shall interfere with the business carried on by Tenant in the Premises. D. If 21.2 Landlord's obligation to repair the Premises shall, however, be subject to the following. If: (a) during the last year of the Lease Term any portion of the Premises or the Building is damaged as a result of fire or any other insured casualty; or, (b) at any time the Premises is damaged to the extent of twenty-five percent (25%) or more of replacement value; or, (c) the Premises or the Building are damaged or destroyed as a result of a casualty not terminated insured against; or, (d) the Building shall be damaged or destroyed by Lessor fire or Lessee as provided hereinother cause to the extent of twenty percent of more of the Building's replacement value, Lessor Landlord shall restore have the right, to be exercised by notice in writing to Tenant given within ninety (90) days from said occurrence, to cancel and terminate this Lease. Upon notice to Tenant, the Lease Term shall expire automatically upon the third (3rd) day after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord. If Landlord elects to terminate this Lease under this Section, all tenant improvements installed by Lessor rents shall be prorated as of the date of damage or destruction and Landlord shall be released from liability or obligation 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 condition Minimum Monthly Rent shall be proportionately reduced as provided in Section 21.1. 21.3 With respect to any destruction (including any destruction necessary in order to make repairs) which they existed immediately prior Landlord is obligated to repair or may elect to repair under the casualtyterms of this Article, Tenant waives any statutory or other right Tenant may have to terminate this Lease as a result of such destruction and no such destruction shall annul or void this Lease. 21.4 The provisions of this Article shall supersede the obligations of Landlord to make repairs under Section 16.1

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged a total or 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 which is not required to be covered by insurance, amount and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) value of the replacement cost undamaged space. Notwithstanding the provisions of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its termsthis Paragraph 11, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any there is total destruction, or partial destruction to the extent of fifty percent cent (50%) or more of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor improvements constructed on the estimate of leased premises during the time needed to complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within last one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of initial term, and canor during the last one hundred twenty (120) days of the extended term under any option to extend this Lease, Tenant can elect to terminate this Lease by written notice delivered to Landlord not be substantially restored within sixty more than thirty (6030) days after the date 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 the Lease and thereupon be released from further obligation under the Lease by giving written notice thereof to Tenant within twenty (20) days after the occurrence of such damage. D. If the Lease is not terminated by Lessor or Lessee as provided hereincasualty, Lessor shall unless Tenant elects to restore the Premises premises, by written notice of such election to Landlord, delivered to Landlord within twenty (20) days after the receipt of Landlord's written election to terminate the Lease, in which event Tenant shall, as soon as reasonably possible, commence and all tenant improvements installed by Lessor proceed diligently to restore the premises substantially to the condition in which they existed thereof immediately prior to such damage or destruction. If neither party elects to restore the casualtyimprovements, the Lease shall be terminated and thereupon the Landlord and Tenant shall be released from further obligation thereunder, except that Landlord shall be obligated to repay Tenant any unused prepaid rent paid to Landlord.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to 22.1 In the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if event of (a) fire or other casualty damage to or destruction of the Premises or the building in Building during the Lease Term which requires repairs to either the Premises is locatedor the Building, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged to (b) the Premises or Building being declared unsafe or unfit for occupancy by an authorized public authority for any reason other than Tenant's act, use or occupation, which is not required declaration requires repairs to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If either the Premises are damaged by any peril and Lessor does not elect or the Building, Landlord shall commence to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored make said repairs within sixty (60) days after from the date of the casualty. No such damagedestruction (including any destruction necessary in order to make repairs) shall annul or void this Lease. 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 or interfere with Tenant's use and enjoyment of the Premises. D. 22.2 Landlord's obligation to repair the Premises shall, however, be subject to the following. If: (a) during the last three (3) years 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%) of replacement value; or, (c) the Premises or the Building are damaged or destroyed as a result of a casualty not insured against; or, (d) fifty percent (50%) or more of the gross leasable floor area of the Building shall be damaged or destroyed by fire or other cause, Landlord shall have the right, to be exercised by notice in writing to Tenant given within forty-five (45) days from said occurrence, to cancel and terminate this Lease. Upon notice to Tenant, the Lease Term shall expire by lapse of time upon the thirtieth day after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord. If Landlord elects to terminate this Lease under this Section, all rents shall be prorated as of the date of damage or destruction and Landlord shall be released from liability or obligation 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 Monthly Rent shall be proportionately reduced as provided in Section 22.1. 22.3 With respect to any destruction (including any destruction necessary in order to make repairs) 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 may have to cancel this Lease as a result of such destruction and no such destruction shall annul or void this Lease. 22.4 The provisions of this Article shall supersede the obligations of Landlord to make repairs under Section 17.1 of the Lease. Landlord shall not be obligated to make repairs to the extent that the cost thereof exceeds the insurance proceeds or to the extent such repairs would exceed Building Standard as defined in Exhibit "B". 22.5 Unless the Lease is not terminated by Lessor or Lessee as provided hereinunder this Article, Lessor upon substantial completion of Landlord's restoration obligations, the Minimum Monthly Rent shall restore the Premises and all tenant improvements installed by Lessor be restored to the condition amounts which would have been in which they existed immediately prior to effect but for the casualtydamage or destruction.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged (a) a total or partial destruction of said premises resulting from a casuality insured against, during the lease term or extensions which requires repairs to or the Premises rebuilding of the demised premises, 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 is not required declaration requires repairs to be covered by insurance, and is not covered by insurance actually carriedeither said premises or said building, Lessor shall not have the right forthwith make said repairs provided Lessee gives to terminate the Lease Lessor thirty (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (6030) days written notice of the necessity therefor. No partial destruction (including any destruction necessary in order to make repairs required by any declaration made by any public authority) shall in any wise annul or it would cost less than ten void this Lease except that Lessee shall be 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 Lessee in said premises. However, if during the last year of the term of this lease the building is damaged as a result of fire or any other insured casualty to an extent in excess of fifty percent (1050%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the its then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its termscost, then as soon as reasonably practicable(including foundation(s), Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor following the estimate of the time needed date such damage occurs terminate this lease by written notice to complete such restoration: (i) the PremisesLessee. If Lessor, with reasonable diligencehowever, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of termelects to make said repairs, and cannot 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 substantially restored within sixty (60) days after 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 damage. D. destruction. The foregoing to the contrary notwithstanding, if the 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, Lessor may within thirty (30) days following the date of such destruction terminate this lease upon written notice to Lessee. If the Lease is Lessor does not terminated by Lessor or Lessee as provided hereinelect to so terminate because of said uninsured casualty, Lessor shall restore the Premises promptly rebuild and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualtyrepair said premises and Lessee’s rental obligation shall be proportionately reduced as hereinabove provided.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of 21.1 If the Premises or the building in which the Premises is locatedBuilding are damaged by fire or other casualty (a “Casualty”), or both, results from a casualty ordinarily covered by insurance required Landlord shall use good faith efforts to be carried by Lessor under the Lease. B. In the event of damaged deliver to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than Tenant within sixty (60) days or it would cost less than ten percent after such Casualty a good faith estimate (10%the “Damage Notice”) of the replacement cost time needed to repair the damage caused by such Casualty. 21.2 If a material portion of the Premises) or (ii) if Lessee agrees to pay the cost of repair Premises is damaged by Casualty such that Tenant is prevented from conducting its business in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril in a manner reasonably comparable to that conducted immediately before such Casualty and Lessor does Landlord estimates that the damage caused thereby cannot elect to terminate be repaired within one hundred eighty (180) days after the Lease or is not entitled to terminate commencement of repairs (the Lease pursuant to its terms“Repair Period”), then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor Tenant may be completed. Lessee shall have the option to terminate the this Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a delivering written notice to Landlord of its election to terminate within thirty (30) days after Lessee receives from Lessor the estimate Damage Notice has been delivered to Tenant. 21.3 If a Casualty damages the Premises or a material portion of the time needed to complete such restorationBuilding and: (i1) Landlord estimates that the damage to the Premises cannot be repaired within the Repair Period; (2) the damage to the Premises exceeds fifty percent (50%) of the replacement cost thereof (excluding foundations and footings), as estimated by Landlord, and such damage occurs during the last two (2) years of the Term; (3) regardless of the extent of damage to the Premises, with reasonable diligenceLandlord makes a good faith determination that restoring the Building would be uneconomical; or (4) Landlord is required to pay any insurance proceeds arising out of the Casualty to a Landlord’s mortgagee, cannot be fully repaired 50 then Landlord may terminate this Lease by Lessor giving written notice of its election to terminate within one hundred twenty thirty (12030) days after the damage Damage Notice has been delivered to Tenant. 21.4 If neither xxxxx elects to terminate this Lease following a Casualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, other than building standard leasehold improvements Landlord shall not be required to repair or destruction; replace any Alterations or betterments within the Premises (iiwhich shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question. If this Lease is terminated under the provisions of this Article 21, Landlord shall be entitled to the full proceeds of the insurance policies providing coverage for all alterations, improvements and betterments in the Premises (and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). 21.5 If the Premises are damaged by any peril within twelve (12) months Casualty, Rent for the portion of the last day of term, and cannot Premises rendered untenantable by the damage shall be substantially restored within sixty (60) days after abated on a reasonable basis from the date of such damagedamage until the substantial completion of Landlord’s repairs (or until the date of termination of this Lease by Landlord or Tenant as provided above, as the case may be). D. If 21.6 Notwithstanding anything to the Lease contrary contained herein, if Landlord’s repair/restoration of the Premises and/or Building is not terminated completed within two hundred and seventy (270) days from the commencement of repairs, Tenant may terminate this Lease by Lessor or Lessee as provided hereinwritten notice to Landlord at any time after the two hundred and seventieth (270th) day, Lessor which termination shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualtybe effective upon delivery of such notice of termination.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of 22.1 If the Premises or the building in which the Premises is locatedBuilding are damaged by fire or other casualty (a “Casualty”), or both, results from a casualty ordinarily covered by insurance required Landlord shall use good faith efforts to be carried by Lessor under the Lease. B. In the event of damaged deliver to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than Tenant within sixty (60) days or it would cost less than ten percent after such Casualty a good faith estimate (10%the “Damage Notice”) of the replacement cost time needed to repair the damage caused by such Casualty. 22.2 If a material portion of the Premises) or (ii) if Lessee agrees to pay the cost of repair Premises is damaged by Casualty such that Tenant is prevented from conducting its business in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril in a manner reasonably comparable to that conducted immediately before such Casualty and Lessor does Landlord estimates that the damage caused thereby cannot elect to terminate be repaired within one hundred eighty (180) days after the Lease or is not entitled to terminate commencement of repairs (the Lease pursuant to its terms“Repair Period”), then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor Tenant may be completed. Lessee shall have the option to terminate the this Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a delivering written notice to Landlord of its election to terminate within thirty (30) days after Lessee receives from Lessor the estimate Damage Notice has been delivered to Tenant. 22.3 If a Casualty damages the Premises or a material portion of the time needed to complete such restorationBuilding and: (i1) Landlord estimates that the damage to the Premises cannot be repaired within the Repair Period; (2) the damage to the Premises exceeds fifty percent (50%) of the replacement cost thereof (excluding foundations and footings), as estimated by Landlord, and such damage occurs during the last two (2) years of the Term; (3) regardless of the extent of damage to the Premises, with reasonable diligenceLandlord makes a good faith determination that restoring the Building would be uneconomical; or (4) Landlord is required to pay any insurance proceeds arising out of the Casualty to a deed of trust holder, cannot be fully repaired 50 mortgagee or ground lessor under, then Landlord may terminate this Lease by Lessor giving written notice of its election to terminate within one hundred twenty thirty (12030) days after the damage Damage Notice has been delivered to Tenant. 22.4 If neither party elects to terminate this Lease following a Casualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, other than building standard leasehold improvements Landlord shall not be required to repair or destruction; replace any Alterations or betterments within the Premises (iiwhich shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question. If this Lease is terminated under the provisions of this Article 22, Landlord shall be entitled to the full proceeds of the insurance policies providing coverage for all alterations, improvements and betterments in the Premises (and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). 22.5 If the Premises are damaged by any peril within twelve (12) months Casualty, Rent for the portion of the last day of term, and cannot Premises rendered untenantable by the damage shall be substantially restored within sixty (60) days after abated on a reasonable basis from the date of damage until the completion of Landlord’s repairs (or until the date of termination of this Lease by Landlord or Tenant as provided above, as the case may be), unless Tenant or a Tenant Permittee caused such damage. D. If , in which case, Tenant shall continue to pay Minimum Monthly Rent and all other rent without abatement and Tenant shall be liable to Landlord for the Lease cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that costs and expense is not terminated covered by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualtyinsurance proceeds.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to (A) In the contrary contained in the Leaseevent of: A. Lessor shall not have the right to terminate the Lease if damage to (I) Partial or total destruction of the Premises or the building Building which requires repairs to either the Premises or the Building; or (II) The Premises or the 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 the Premises or the Building, Landlord shall promptly make such repairs to either the Premises or the Building, provided that Tenant gives Landlord thirty (30) days written notice of the necessity therefor. No such partial destruction (including any destruction necessary in order to 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 entitled to a proportionate reduction of the GMMR while such repairs are being made, such proportionate reduction to be based upon the extent to which the Premises is locatedmaking of such repairs shall interfere with the business carried on by Tenant in the Premises. However, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged to if the Premises which is not required or the Building are damaged as a result of fire or any other insured casualty to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten an extent in excess of twenty-five percent (1025%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the its then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms(excluding foundations), then as soon as reasonably practicableLandlord may, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor following the estimate of the time needed date such damage occurs, terminate this Lease by written notice to complete Tenant. If Landlord, however, elects to make such restoration: (i) the Premisesrepairs, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of termthis Lease shall continue in full force and effect, and cannot the GMMR shall be substantially restored within sixty (60) days after proportionately reduced as provided above. If Landlord elects to terminate this Lease, all rentals shall be prorated between Landlord and Tenant as of the date of such damagedestruction. D. If (B) Notwithstanding the above, if the Premises or the Building are damaged or destroyed at any time during the Lease is Term to an extent of more than twenty-five percent (25%) of its then replacement cost (excluding foundations) as a result of a casualty not terminated by Lessor insured against, Landlord may within thirty (30) days following the date of such destruction terminate this Lease upon written notice to Tenant. If Landlord does not elect to so terminate this Lease, Landlord shall promptly rebuild and repair the Premises or Lessee the Building, as applicable, and Tenant’s rental obligations shall be proportionately reduced as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualtyabove.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) partial destruction of the replacement cost premises or the building containing the same during the term of this Lease or any extensions hereof, which requires repairs to either the Premises) premises or said building; or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of premises or any building being condemned by a public authority having jurisdiction over the then replacement cost of the Premises. C. If the Premises are damaged by property for any peril and Lessor does not elect to terminate the Lease reason other than Tenant’s act, use or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occursoccupation, which option may be exercised by delivery declaration requires repairs to Lessor of a written notice of election either the premises or said building, Landlord shall forthwith make said repairs, provided Tenant gives to terminate within Landlord thirty (30) days after Lessee receives from Lessor the estimate written notice of the time needed necessity therefor. No such partial destruction (including any destruction necessary in order to complete 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 entitled to a proportionate reduction of rental while such restoration: 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 premises. 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 (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (12030) days after from such happening to notify the damage Tenant in writing of Landlord’s intentions to repair or destruction; rebuild said premises. Landlord shall be required to repair only those improvements originally made by Landlord at Landlord’s expense and Tenant shall make any and all repairs as to improvements installed or (ii) if paid for by Tenant, at Tenant’s expense. If Landlord elects to make said repairs, this Lease shall continue in full force and effect and the Premises are damaged by any peril within twelve (12) months 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 last day of term, and cannot be substantially restored within sixty (60) days after the date of such damagedestruction. In respect to any partial destruction which Landlord is obligated to repair or may elect to repair under the terms of this Article 19, the provisions of Section 1932, Subdivision (2) and Section 1933, Subdivision (4) of the California Civil Code are hereby waived by Tenant. D. If the Lease is not terminated by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualty.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of 22.1 If the Premises or the building in which the Premises is locatedBuilding are damaged by fire or other casualty (a "Casualty"), or both, results from a casualty ordinarily covered by insurance required Landlord shall use good faith efforts to be carried by Lessor under the Lease. B. In the event of damaged deliver to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than Tenant within sixty (60) days or it would cost less than ten percent after such Casualty a good faith estimate (10%the "Damage Notice") of the replacement cost time needed to repair the damage caused by such Casualty. 22.2 If a material portion of the Premises) or (ii) if Lessee agrees to pay the cost of repair Premises is damaged by Casualty such that Tenant is prevented from conducting its business in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril in a manner reasonably comparable to that conducted immediately before such Casualty and Lessor does Landlord estimates that the damage caused thereby cannot elect to terminate be repaired within one hundred eighty (180) days after the Lease or is not entitled to terminate commencement of repairs (the Lease pursuant to its terms"Repair Period"), then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor Tenant may be completed. Lessee shall have the option to terminate the this Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a delivering written notice to Landlord of its election to terminate within thirty (30) days after Lessee receives from Lessor the estimate Damage Notice has been delivered to Tenant. 22.3 If a Casualty damages the Premises or a material portion of the time needed to complete such restorationBuilding and: (i1) Landlord estimates that the damage to the Premises cannot be repaired within the Repair Period; (2) the damage to the Premises exceeds fifty percent (50%) of the replacement cost thereof (excluding foundations and footings), as estimated by Landlord, and such damage occurs during the final one (1) year period of the SUMMIT RIDGE BUSINESS PARK/INOVIO PHARMACEUTICALS, INC. – PAGE 15 Lease Term; (3) regardless of the extent of damage to the Premises, with reasonable diligenceLandlord makes a good faith determination that restoring the Building would be uneconomical; or (4) Landlord is required to pay any insurance proceeds arising out of the Casualty to a Landlord's Mortgagee, cannot be fully repaired 50 then Landlord may terminate this Lease by Lessor giving written notice of its election to terminate within one hundred twenty thirty (12030) days after the damage Damage Notice has been delivered to Tenant. 22.4 If neither party elects to terminate this Lease following a Casualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, other than building standard leasehold improvements Landlord shall not be required to repair or destruction; replace Tenant’s Work, any Alterations or betterments within the Premises (iiwhich shall be promptly and with due diligence repaired and restored by Tenant at Tenant's sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord's obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question. If this Lease is terminated under the provisions of this Article 22, Landlord shall be entitled to the full proceeds of the insurance policies providing coverage for all alterations, improvements and betterments in the Premises (and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). 22.5 If the Premises are damaged by any peril within twelve (12) months Casualty but Tenant is reasonably able to conduct its business operations upon the Premises despite such damage, Rent for the portion of the last day of term, and cannot Premises rendered untenantable by the damage shall be substantially restored within sixty (60) days after abated on a reasonable basis from the date of damage until the completion of Landlord's repairs (or until the date of termination of this Lease by Landlord or Tenant as provided above, as the case may be), unless Tenant or a Tenant Permittee caused such damage, in which case, Tenant shall continue to pay Minimum Monthly Rent and all other rent without abatement 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 costs and expense are not covered by insurance proceeds. D. If 22.6 The rights contained in this Article 22 shall be Tenant’s sole and exclusive remedy in the Lease is not terminated by Lessor event of a casualty. Tenant hereby waives the provisions of Sections 1932(2) and 1933(4) of the California Civil Code and the provisions of any successor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualtyother law of like import.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of 21.1 If the Premises or the building in which the Premises is locatedBuilding are damaged by fire or other casualty (a "Casualty"), or both, results from a casualty ordinarily covered by insurance required Landlord shall use good faith efforts to be carried by Lessor under the Lease. B. In the event of damaged deliver to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than Tenant within sixty (60) days or it would cost less than ten percent after such Casualty a good faith estimate (10%the "Damage Notice") of the replacement cost time needed to repair the damage caused by such Casualty. 21.2 If a material portion of the PremisesPremises is damaged by Casualty such that Tenant is prevented from conducting its business in the Premises in a manner reasonably comparable to that conducted immediately before such Casualty and Landlord estimates that the damage caused thereby cannot be repaired within one hundred twenty (120) or (ii) if Lessee agrees to pay days after the cost of repair in excess of ten percent (10%) date of the then replacement cost of Casualty (the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms"Repair Period"), then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor Tenant may be completed. Lessee shall have the option to terminate the this Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a delivering written notice to Landlord of its election to terminate within thirty (30) days after Lessee receives from Lessor the estimate Damage Notice has been delivered to Tenant. 21.3 If a Casualty damages the Premises or a material portion of the time needed to complete such restorationBuilding and: (i1) Landlord estimates that the damage to the Premises cannot be repaired within the Repair Period; (2) the damage to the Premises exceeds fifty percent (50%) of the replacement cost thereof (excluding foundations and footings), as estimated by Landlord, and such damage occurs during the last two (2) years of the Lease Term; (3) regardless of the extent of damage to the Premises, with reasonable diligenceLandlord makes a good faith determination that restoring the Building would be uneconomical; or (4) Landlord is required to pay any insurance proceeds arising out of the Casualty to a Landlord's Mortgagee, cannot be fully repaired 50 then Landlord may terminate this Lease by Lessor giving written notice of its election to terminate within one hundred twenty thirty (12030) days after the damage Damage Notice has been delivered to Tenant. 21.4 If neither party elects to terminate this Lease following a Casualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, other than building standard leasehold improvements Landlord shall not be required to repair or destruction; replace any Alterations or betterments within the Premises (iiwhich shall be promptly and with due diligence repaired and restored by Tenant at Tenant's sole cost and expense) if or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord's obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question. If this Lease is terminated under the provisions of this Article 22, Landlord shall be entitled to the full proceeds of the insurance policies providing coverage for all alterations, improvements and betterments in the Premises. 21.5 If the Premises are damaged by any peril within twelve (12) months Casualty, Rent for the portion of the last day of term, and cannot Premises rendered un-tenantable by the damage shall be substantially restored within sixty (60) days after abated on a reasonable basis from the date of damage until the completion of Landlord's repairs (or until the date of termination of this Lease by Landlord or Tenant as provided above, as the case may be), unless Tenant or a Tenant Permittee caused such damage. D. If , in which case, Tenant shall continue to pay Minimum Monthly Rent and all other rent without abatement and Tenant shall be liable to Landlord for the Lease is not terminated by Lessor or Lessee as provided herein, Lessor shall restore cost and expense of the repair and restoration of the Premises and all tenant improvements installed by Lessor or the Building caused thereby to the condition in which they existed immediately prior to the casualtyextent that costs and expense are not covered by insurance proceeds.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged fire or other casualty damage to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate during the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees Term which requires repairs to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored Landlord shall commence to make said repairs within sixty (60) days after written notice by Tenant of the date 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 damage. D. If 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 16 of this Lease. Notwithstanding the provisions of this Article 21, if the Premises or any other portion of the Building are damaged by fire or other casualty resulting from the negligent act or emission 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 terminated covered by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualtyinsurance proceeds.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged fire or other casualty damage to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate during the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees Term which requires repairs to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored Landlord shall commence to make said repairs within sixty (60) days after written notice by Tenant of the date 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 damage. D. If 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 terminated covered by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualtyinsurance proceeds.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of 22.1 If the Premises or the building in which Building are damaged by fire or other casualty (a “Casualty”), Landlord shall use good faith efforts to deliver to Tenant within thirty (30) days after such Casualty a good faith estimate (the “Damage Notice”) of the time needed to repair the damage caused by such Casualty. 22.2 If a material portion of the Premises is located, or both, results damaged by Casualty such that Tenant is prevented from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged to conducting its business in the Premises which is not required in a manner reasonably comparable to be covered by insurance, that conducted immediately before such Casualty and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if Landlord estimates that the damage is relatively minor caused thereby cannot be repaired within one hundred eighty (e.g., repair or restoration would take fewer than sixty (60180) days or it would cost less than ten percent after the commencement of repairs (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms“Repair Period”), then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor Tenant may be completed. Lessee shall have the option to terminate the this Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a delivering written notice to Landlord of its election to terminate within thirty (30) days after Lessee receives from Lessor the estimate Damage Notice has been delivered to Tenant. 22.3 If a Casualty damages the Premises or a material portion of the time needed to complete such restorationBuilding and: (i1) Landlord estimates that the damage to the Premises cannot be repaired within the Repair Period; (2) the damage to the Premises exceeds fifty percent (50%) of the replacement cost thereof (excluding foundations and footings), as estimated by Landlord, and such damage occurs during the last two (2) years of the Term; (3) regardless of the extent of damage to the Premises, with reasonable diligenceLandlord makes a good faith determination that restoring the Building would be uneconomical; or (4) Landlord is required to pay any insurance proceeds arising out of the Casualty to a Landlord’s Mortgagee, cannot be fully repaired 50 then Landlord may terminate this Lease by Lessor giving written notice of its election to terminate within one hundred twenty thirty (12030) days after the damage Damage Notice has been delivered to Tenant. 22.4 If neither party elects to terminate this Lease following a Casualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, other than building standard leasehold improvements Landlord shall not be required to repair or destruction; replace any Alterations within the Premises (which shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question. If this Lease is terminated under the provisions of this Article 22, Landlord shall be entitled to the full proceeds of the insurance policies providing coverage for all alterations, improvements and betterments in the Premises (ii) and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). 22.5 If the Premises are damaged by any peril within twelve (12) months Casualty, Rent for the portion of the last day Premises rendered untenantable by the damage shall be abated on a reasonable basis from the date of termdamage until the completion of Landlord’s repairs (or until the date of termination of this Lease by Landlord or Tenant as provided above, as the case may be), unless Tenant or a Tenant Permitee caused such damage, in which case, Tenant shall continue to pay Minimum Monthly Rent and canall other rent without abatement 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 costs and expense is not be covered by insurance proceeds. 22.6 Notwithstanding anything contained in this Lease: (a) if Tenant’s use of the Premises is substantially restored within sixty (60) impaired for a period of more than 120 consecutive days after the date of a casualty, and provided that neither Tenant nor its employees, customers, agents, contractors or representatives has caused or contributed to such damage. D. If casualty, then Tenant shall have the right to terminate this Lease by written notice to Landlord at any time thereafter until Tenant’s use of the Premises is substantially restored, and (b) if this Lease is not terminated by Lessor either Landlord or Lessee Tenant due to a casualty, then Tenant shall not be required to pay for any insurance deductibles as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualtypart of Landlord’s insurance cost or otherwise.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything 22.2 Landlord's obligation to repair the Premises shall, however, be subject to the contrary contained following provisions of this Section 22.2. 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 replacement value, 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 Landlord ________ Tenant __________ given within ninety (90) days from said occurrence, to cancel and terminate this Lease. Upon notice to Tenant the Lease Term shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord. If Landlord elects to terminate this Lease under this Section, all rents shall be prorated as of the date of damage or destruction and Landlord shall be released from liability or obligation 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 Monthly Rent shall be proportionately reduced as provided in Section 22.1. ------------ 22.3 with respect to any destruction (including any destruction necessary in order to make repairs) 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 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 Section 17.1 of the Lease:. ------------ A. Lessor 22.4 Unless the Lease is terminated under this Article, upon substantial completion of Landlord's restoration obligations, the Minimum Monthly Rent shall be restored to the amounts which would have been in effect but for the damage or destruction. 22.5 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 any of Tenant's Permittees, Minimum Monthly Rent shall not have be reduced during the right repair of the damage, and Tenant shall be liable to terminate Landlord for the Lease if damage to or destruction cost and expense of the repair and restoration of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged Building caused thereby to the Premises which is not required to be covered by insurance, extent that cost and expense is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premisesproceeds. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored within sixty (60) days after the date of such damage. D. If the Lease is not terminated by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualty.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged (a) partial destruction of said premises or the building containing same during the term of this lease or any extensions thereof, which requires repairs to either 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 forthwith make said repairs provided Tenant gives to Landlord thirty (30) days written notice of the Premises which is not necessity therefor. No such partial destruction (including any destruction necessary in order to 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 entitled to a proportionate reduction of minimum guaranteed rent while such repairs are being made, such proportionate reduction to be covered based upon the extent to which the making of such repairs shall interfere with the business carried on by insuranceTenant in said premises. However, and is not covered by insurance actually carried, Lessor shall not have if during the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) last four years of the replacement cost term of this lease the Premises) building is damaged as a result of fire or (ii) if Lessee agrees any other insured casualty to pay the cost of repair an extent in excess of ten percent twenty-five (1025%) percent of the its then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms(excluding foundation(s)), then as soon as reasonably practicableLandlord may, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor following the estimate of the time needed date such damage occurs, terminate this lease by written notice to complete such restoration: (i) the PremisesTenant. If Landlord, with reasonable diligencehowever, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of termelects to make said repairs, and cannot 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 substantially restored within sixty (60) days after proportionately reduced as provided above. If Landlord elects to terminate this lease all rents shall be prorated between Landlord and Tenant as of the date of such damage. D. destruction. The foregoing to the contrary notwithstanding, 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, Landlord may within thirty (30) days following the date of such destruction terminate this lease upon written notice to Tenant. If the Lease is Landlord does not terminated by Lessor or Lessee elect to so terminate because of said uninsured casualty, Landlord shall promptly rebuild and repair said premises and Tenant’s rental obligation shall be proportionately reduced as provided hereinabove. In respect to any partial destruction (including any destruction necessary in order to make repairs required by any authorized public authority) which Landlord is obligated to repair and may elect to repair under the terms of this Article, Lessor shall restore the Premises and all tenant improvements installed by Lessor Tenant waives any statutory right it may have to the condition in which they existed immediately prior to the casualtycancel this lease as a result of such destruction.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of 22.1 If the Premises or the building in which the Premises is locatedBuilding are damaged by fire or other casualty (a "CASUALTY"), or both, results from a casualty ordinarily covered by insurance required Landlord shall use good faith efforts to be carried by Lessor under the Lease. B. In the event of damaged deliver to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than Tenant within sixty (60) days or it would cost less than ten percent after such Casualty a good faith estimate (10%the "DAMAGE NOTICE") of the replacement cost time needed to repair the damage caused by such Casualty. 22.2 If a material portion of the Premises) or (ii) if Lessee agrees to pay the cost of repair Premises is damaged by Casualty such that Tenant is prevented from conducting its business in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril in a manner reasonably comparable to that conducted immediately before such Casualty and Lessor does Landlord estimates that the damage caused thereby cannot elect to terminate be repaired within one hundred eighty (180) days after the Lease or is not entitled to terminate commencement of repairs (the Lease pursuant to its terms"REPAIR PERIOD"), then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor Tenant may be completed. Lessee shall have the option to terminate the this Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a delivering written notice to Landlord of its election to terminate within thirty (30) days after Lessee receives from Lessor the estimate Damage Notice has been delivered to Tenant. 22.3 If a Casualty damages the Premises or a material portion of the time needed Building and: (1) Landlord estimates that the damage to complete the Premises cannot be repaired within the Repair Period; (2) the damage to the Premises exceeds fifty percent (50%) of the replacement cost thereof (excluding foundations and footings), as estimated by Landlord, and such restoration: damage occurs during the last two (i2) years of the Term; (3) regardless of the extent of damage to the Premises, with reasonable diligenceLandlord makes a good faith determination that restoring the Building would be uneconomical; or (4) Landlord is required to pay any insurance proceeds arising out of the Casualty to a Landlord's Mortgagee, cannot be fully repaired 50 then Landlord may terminate this Lease by Lessor giving written notice of its election to terminate within one hundred twenty thirty (12030) days after the damage Damage Notice has been delivered to Tenant. 22.4 If neither party elects to terminate this Lease following a Casualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, other than building standard leasehold improvements Landlord shall not be required to repair or destruction; replace any Alterations or betterments within the Premises (iiwhich shall be promptly and with due diligence repaired and restored by Tenant at Tenant's sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord's obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question. If this Lease is terminated under the provisions of this ARTICLE 22, Landlord shall be entitled to the full proceeds of the insurance policies providing coverage for all alterations, improvements and betterments in the Premises (and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). 22.5 If the Premises are damaged by any peril within twelve (12) months Casualty, Rent for the portion of the last day of term, and cannot Premises rendered untenantable by the damage shall be substantially restored within sixty (60) days after abated on a reasonable basis from the date of damage until the completion of Landlord's repairs (or until the date of termination of this Lease by Landlord or Tenant as provided above, as the case may be), unless Tenant or a Tenant Permitee caused such damage. D. If , in which case, Tenant shall continue to pay Minimum Monthly Rent and all other rent without abatement and Tenant shall be liable to Landlord for the Lease cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that costs and expense is not terminated covered by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualtyinsurance proceeds.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged a total or 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 which is not required to be covered by insurance, amount and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) value of the replacement cost undamaged space. Notwithstanding the provisions of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its termsthis Paragraph 11, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any there is total destruction, or partial destruction of the following occurs, which option may be exercised by delivery to Lessor extent of a written notice of election to terminate within thirty fifty percent cent (3050%) days after Lessee receives from Lessor the estimate or more of the time needed to complete such restoration: (i) improvements constructed on the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within leased premises during the last one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of initial term, and canor during the last one hundred twenty (120) days of the extended term under any option to extend this Lease, Tenant can elect to terminate this Lease by written notice delivered to Landlord not be substantially restored within sixty more than thirty (6030) days after the date 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 the Lease and thereupon be released from further obligation under the Lease by giving written notice thereof to Tenant within twenty (20) days after the occurrence of such damage. D. If the Lease is not terminated by Lessor or Lessee as provided hereincasualty, Lessor shall unless Tenant elects to restore the Premises premises, by written notice of such election to Landlord, delivered to Landlord within twenty (20) days after the receipt of Landlord's written election to terminate the Lease, in which event Tenant shall, as soon as reasonably possible, commence and all tenant improvements installed by Lessor proceed diligently to restore the premises substantially to the condition in which they existed thereof immediately prior to such damage or destruction. If neither party elects to restore the casualtyimprovements, the Lease shall be terminated and thereupon the Landlord and Tenant shall be released from further obligation thereunder, except that Landlord shall be obligated to repay Tenant any unused prepaid rent paid to Landlord.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction of 21.1 If the Premises or the building in which the Premises is locatedBuilding are damaged by fire or other casualty (a “Casualty”), or both, results from a casualty ordinarily covered by insurance required Landlord shall use good faith efforts to be carried by Lessor under the Lease. B. In the event of damaged deliver to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than Tenant within sixty (60) days or it would cost less than ten percent after such Casualty a good faith estimate (10%the “Damage Notice”) of the replacement cost time needed to repair the damage caused by such Casualty. 21.2 If a material portion of the Premises) or (ii) if Lessee agrees to pay the cost of repair Premises is damaged by Casualty such that Tenant is prevented from conducting its business in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril in a manner reasonably comparable to that conducted immediately before such Casualty and Lessor does Landlord estimates that the damage caused thereby cannot elect to terminate be repaired within one hundred eighty (180) days after the Lease or is not entitled to terminate commencement of repairs (the Lease pursuant to its terms“Repair Period”), then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor Tenant may be completed. Lessee shall have the option to terminate the this Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a delivering written notice to Landlord of its election to terminate within thirty (30) days after Lessee receives from Lessor the estimate Damage Notice has been delivered to Tenant. 21.3 If a Casualty damages the Premises or a material portion of the time needed to complete such restorationBuilding and: (i1) Landlord estimates that the damage to the Premises cannot be repaired within the Repair Period; (2) the damage to the Premises exceeds fifty percent (50%) of the replacement cost thereof (excluding foundations and footings), as estimated by Landlord, and such damage occurs during the last two (2) years of the Term; (3) regardless of the extent of damage to the Premises, with reasonable diligenceLandlord makes a good faith determination that restoring the Building would be uneconomical; or (4) Landlord is required to pay any insurance proceeds arising out of the Casualty to a Landlord’s mortgagee, cannot be fully repaired 50 then Landlord may terminate this Lease by Lessor giving written notice of its election to terminate within one hundred twenty thirty (12030) days after the damage Damage Notice has been delivered to Tenant. 21.4 If neither party elects to terminate this Lease following a Casualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, other than building standard leasehold improvements Landlord shall not be required to repair or destruction; replace any Alterations or betterments within the Premises (iiwhich shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question. If this Lease is terminated under the provisions of this Article 21, Landlord shall be entitled to the full proceeds of the insurance policies providing coverage for all alterations, improvements and betterments in the Premises (and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). 21.5 If the Premises are damaged by any peril within twelve (12) months Casualty, Rent for the portion of the last day of term, and cannot Premises rendered untenantable by the damage shall be substantially restored within sixty (60) days after abated on a reasonable basis from the date of damage until the substantial completion of Landlord’s repairs (or until the date of termination of this Lease by Landlord or Tenant as provided above, as the case may be), unless Tenant or a Tenant Permittee caused such damage. D. If , in which case, Tenant shall continue to pay Minimum Monthly Rent and all other rent without abatement and Tenant shall be liable to Landlord for the Lease cost and expense of the repair and restoration of the Premises or the Building caused thereby to the extent that costs and expense is not terminated covered by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualtyinsurance proceeds.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if In case of any material damage to or destruction of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged to the Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost any portion of the Premises) or (ii) if Lessee agrees , Tenant shall give prompt written notice thereof to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. Landlord. If the Premises are should be totally destroyed by fire or other casualty, or if the Premises should be so damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligence, that rebuilding cannot reasonably be fully repaired 50 by Lessor completed within one hundred twenty eighty (120180) days after the date of written notification by Tenant to Landlord of the destruction, Tenant shall be entitled to terminate this Lease and the rent shall be abated for the unexpired portion of the Lease, effective as of the date of the written notification thereof. If any portion of the Premises shall be partially damaged by fire or other casualty and this Lease is not terminated by Tenant pursuant to the 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 destruction; or (ii) if destruction shall occur during the Premises are damaged by any peril within last twelve (12) months of the last day term of termthis Lease, and cannot be substantially restored 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. D. 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 abated in proportion to that part of the Premises that is not terminated by Lessor 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 are completed, or Lessee as provided hereinuntil Tenant again uses the Premises or the part rendered unusable, Lessor shall whichever is first. If Landlord fails to restore the 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 all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualtyrestorations.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to 22.1 In the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if event of (a) fire or other casualty damage to or destruction of the Premises or the building in Building during the Lease Term which requires repairs to either the Premises is locatedor the Building, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged to (b) the Premises or 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 is not required declaration requires repairs to be covered by insurance, and is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If either the Premises are damaged by any peril and Lessor does not elect or the Building, Landlord shall commence to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored make said repairs within sixty (60) days of written notice by Tenant of the necessity therefor and diligently proceed therewith to completion, except as provided in Section 22.2. 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 other personal property and Tenant shall be solely responsible therefor. Further, so long as Landlord has maintained in force the insurance required to be maintained by it hereunder, Landlord shall not be obligated to make repairs to the extent that the cost thereof exceeds the insurance proceeds available to the Landlord (exclusive of any amounts with respect to which Landlord has elected to self-insure or otherwise retain the risk). 22.2 Landlord's obligation to repair the Premises shall, however, be subject to the following provisions of this Section 22.2. If (a) during the last year of the Lease Term (subject to Tenant's exercise of its option to extend 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 25% or more of replacement value, 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 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 from said occurrence, to cancel and terminate this Lease. Upon notice to Tenant, the Lease Term shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord within ten (10) days thereafter. If Landlord elects to terminate this Lease under this Section, all Rents shall be prorated as of the date of such damagedamage or destruction and Landlord thereupon shall be released from all further liability or obligation 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 Monthly Rent shall be proportionately reduced as provided in Section 22.1. D. If 22.3 With respect to any destruction (including any destruction necessary in order to make repairs) 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 may have to cancel this Lease is not terminated by Lessor as a result of such destruction and no such destruction shall annul or Lessee as provided herein, Lessor void this Lease. The provisions of this Article shall restore supersede the Premises and all tenant improvements installed by Lessor obligations of Landlord to the condition in which they existed immediately prior to the casualty.make repairs under Section 17.1

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything to the contrary contained in the Lease: A. Lessor shall not have the right to terminate the Lease if damage to or destruction If improvements on a portion of the Premises are damaged, in whole or in part, by fire or casualty, and there is not substantial damage to the building Rental Car Counter Facility in which such portion of the Premises is located, or bothmaterial damage to such Rental Car Counter Facility as described in Subsection (B), results Operator may use insurance proceeds from a casualty ordinarily covered by insurance required it carried to pay for the work as it progresses, and the City shall permit any such proceeds to be carried by Lessor under the Leasemade available. B. If there is material damage to a portion of the Rental Car Counter Facility or damage to a material access point or building system(s) serving such portion of the Rental Car Counter Facility, by a fire or casualty, rendering such portion of the Rental Car Counter Facility not usable , whether or not improvements on the Premises are damaged, then where operations in the Premises are severely curtailed or such portions of the Premises are unusable, such portion of the Premises shall be deleted from the Premises unless and until the City repairs and restores the damage to the Rental Car Counter Facility within the Term of this Agreement so that the affected portion of the Rental Car Counter Facility is again usable. Operator shall repair and restore any damaged improvements to the Premises at its expense (but it may use insurance proceeds from insurance it carried for the work as the work progresses, and the City shall permit any such proceeds to be made available) if the City repairs and restores the damage to the Rental Car Counter Facility during the Term. Notwithstanding the foregoing, the City shall not be obligated to repair or restore the Rental Car Counter Facility, and the space deleted shall not be re-included in the Premises if the City determines not to include space for car rental counters in the portion of the Rental Car Counter Facility previously rendered unusable. C. In the event of the Terminal is substantially damaged or destroyed, whether or not improvements to the Premises which is not required to be covered by insuranceare substantially damaged or destroyed, and as a result of such damage or destruction, flight operations with respect to the Terminal are terminated or substantially curtailed for ninety (90) days or more, then either the City or the Operator may delete the portion of the Premises located in the Terminal from the Premises or terminate this Agreement. D. During any period in which Operator is not covered unable to use the portion of the Premises in the Rental Car Counter Facility because of damage or destruction to the improvements on the Premises or the Rental Car Counter Facility, the rent payable for that portion of the Premises in the damaged or destroyed Rental Car Counter Facility shall be abated for the period during which such damage to the Rental Car Counter Facility renders the Premises unusable or operations are so curtailed or terminated. Except for such abatement of rents due, the Operator shall have no claim against the City for any damage suffered by insurance actually carriedreason of any such damage, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g.destruction, repair or restoration would take fewer than sixty restoration. There shall be no abatement of Concession Fees. Upon any deletion of a portion of the Premises from this Agreement Operator shall surrender such portion of the Premises to the City. E. If any improvements to the Premises are not diligently repaired by Operator where required within forty-five (6045) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premises. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or space is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives deleted from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligencethen the City shall be entitled to all insurance proceeds payable on account of improvements in such space. Where the Operator is obligated to repair or restore improvements, cannot Operator must do so notwithstanding that insurance proceeds may be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored within sixty (60) days after the date of such damageinsufficient. D. If the Lease is not terminated by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualty.

DAMAGE AND DESTRUCTION OF PREMISES. Notwithstanding anything In the event of fire or other casualty damage to the contrary contained 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 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 therefore. 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: A. Lessor . 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 have be reduced during the right repair of the damage, and Tenant shall be liable to terminate Landlord for the Lease if damage to or destruction cost and expense of the repair and restoration of the Premises or the building in which the Premises is located, or both, results from a casualty ordinarily covered by insurance required to be carried by Lessor under the Lease. B. In the event of damaged Building caused thereby to the Premises which is not required to be covered by insurance, extent that cost and expense is not covered by insurance actually carried, Lessor shall not have the right to terminate the Lease (i) if the damage is relatively minor (e.g., repair or restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Premises) or (ii) if Lessee agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Premisesproceeds. C. If the Premises are damaged by any peril and Lessor does not elect to terminate the Lease or is not entitled to terminate the Lease pursuant to its terms, then as soon as reasonably practicable, Lessor shall furnish Lessee with a written opinion of Lessor's architect or construction consultant as to when the restoration work required of Lessor may be completed. Lessee shall have the option to terminate the Lease in the event any of the following occurs, which option may be exercised by delivery to Lessor of a written notice of election to terminate within thirty (30) days after Lessee receives from Lessor the estimate of the time needed to complete such restoration: (i) the Premises, with reasonable diligence, cannot be fully repaired 50 by Lessor within one hundred twenty (120) days after the damage or destruction; or (ii) if the Premises are damaged by any peril within twelve (12) months of the last day of term, and cannot be substantially restored within sixty (60) days after the date of such damage. D. If the Lease is not terminated by Lessor or Lessee as provided herein, Lessor shall restore the Premises and all tenant improvements installed by Lessor to the condition in which they existed immediately prior to the casualty.