Common use of Damage and Destruction Clause in Contracts

Damage and Destruction. A. If all or a portion of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a portion of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualtycasualties, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals rentals, and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration redecoration, and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) If all or a portion of the Premises or the Building are partially damaged by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenable, Landlord shall give Tenant written notice of the same time which will be needed to repair such damage, as determined by Landlord in its reasonable discretion, and the election (if any) which Landlord has made pursuant to this Article 18. Such notice shall be given before the 30th day (the "Notice Date") after the fire or other casualty. (b) If the Premises or the Building are damaged by fire or other casualty to an extent which can be repaired with due diligence within one hundred twenty (120) days after the Notice Date without incurring overtime or extraordinary charges, as reasonably determined by the Board at its own cost and expense subject Landlord, Landlord shall promptly begin to the limitations set forth herein, provided, however, that if repair the damage is caused by after the negligent act or omission Notice Date and will pursue the completion of Concessionaire, its sublessees, agents, or employees, Concessionaire such repair with reasonable diligence. In that event this Lease shall continue in full force and effect except that Monthly Rent shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or abated on a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, prorata basis from the time date of the damage until the time date of the affected Premises are fully restored and certified by completion of such repairs (the Board's engineers as ready for occupancy; provided, however, that if "Repair Period") based on the damage is caused by proportion of the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion Rentable Area of the Premises Tenant is unable to use and does not actually use during the Repair Period. (c) If the Premises or the Building are completely destroyed damaged by fire, explosion, the elements, public enemy fire or other casualty or so damaged to an extent that they are untenable and cannot be replaced for more than thirty repaired within one hundred twenty (30120) daysdays after the notice date without incurring overtime or extraordinary charges, as reasonably determined by Landlord, then (1) Landlord shall have the Board shall be under no obligation right to repair, replace and reconstruct the affected Premises, and the Board may terminate cancel this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as date of such damage by written notice given to Tenant on or before the time of the damage Notice Date; or destruction. If within twelve (122) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire Tenant may cancel this Lease as regards of the affected Premises date of such damage by giving written notice of cancellation given to the Board Landlord within ten (10) days after Landlord's delivery of a written notice that the expiration of repairs cannot be made within such 12-month periodone hundred twenty (120) day period provided, time being however, that Tenant shall not have a cancellation right if the damage is confined to parts of the essence Building other than the Premises and those parts of the Common Area reasonably necessary for Tenant's access to, and enjoyment of, the Premises. If neither Landlord nor Tenant so elects to cancel this Lease, Landlord shall proceed with respect reasonable diligence to repair the giving Building and Premises and Monthly Rent shall be abated on a prorata basis during the repair period based in the proportion of such notice. Notwithstanding the foregoing, if all or a portion Rentable Area of the Premises are completely destroyed as a Tenant is unable to use and does not actually use during the Repair Period. (d) If any such damage by fire or other casualty is the result of the negligent willful conduct or negligence or failure to act of Tenant, its agents, contractors, employees, or omission of Concessionaireinvitees, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire there shall be responsible no abatement of Monthly Rent as otherwise provided for immediately reimbursing the Board for the costs in this Article 18 and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations Tenant shall be limited have no right to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of cancel this Lease. Replacement and redecoration Tenant shall have no rights to terminate this Lease on account of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furnitureany damage to the Premises, fixturesthe Building, equipmentor the Project, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderexcept as set forth in this Lease.

Damage and Destruction. A. (a) If no Lease Default shall have occurred and be continuing and the Letter of Credit is in effect and the Credit Obligor has not dishonored any draws thereunder and there has not been instituted insolvency proceedings with respect to the Credit Obligor, then all Net Proceeds of insurance resulting from claims for losses in respect of damage to or a portion destruction of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty Project (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on part) shall be applied as provided in the amount Credit Obligor Mortgage. (b) If no Lease Default shall have occurred and nature be continuing and the Letter of Credit is not in effect, or if the Credit Obligor has dishonored any draw thereunder or if there has been instituted insolvency proceedings with respect to the Credit Obligor, then the following provisions shall apply in event of damage to or destruction of the Premises rendered untenableProject(in whole or in part): (1) If the Project is destroyed (in whole or in part) or is damaged the User shall continue to make Rental Payments and will promptly give written notice of such damage and destruction to the Trustee and the Issuer. All Net Proceeds of insurance resulting from claims for such losses shall be paid to the Trustee and deposited in the Construction Fund, whereupon (i) the User, or the Issuer at the User's direction, shall proceed promptly to repair, rebuild or restore the property damaged or destroyed to substantially the same condition in which it existed prior to the event causing such damage or destruction, with such changes, alterations and modifications (including the substitution and addition of other property) as may be desired by the User and as will not impair the operating unity or productive capacity of the Project or its character as a "project" under the Enabling Law, and (2) the Issuer shall cause withdrawals to be made from the time Construction Fund to pay the costs of such repair, rebuilding or restoration, either on completion thereof or as the work progresses. The balance (if any) of Net Proceeds remaining after the payment of all of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; providedcosts of such repair, however, that if the damage is caused by the negligent act rebuilding or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire restoration shall be responsible for reimbursing applied to the Board for redemption of Bonds in accordance with the cost provisions thereof and expenses incurred in of the repair and within thirty (30) days following completionIndenture, or, if none of the Bonds are then Outstanding, shall be paid to the User. C. (2) In the event the Net Proceeds are not sufficient to pay in full the costs of repairing, rebuilding and restoring the Project as provided in this Section, the User shall nonetheless complete the work thereof and shall pay that all or a portion of the Premises are completely destroyed by fire, explosion, costs thereof in excess of the elements, public enemy amount of said proceeds or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as pay to the affected PremisesTrustee for the account of the Issuer the moneys necessary to complete said work. If terminated, The User shall not by reason of the payment of such excess costs (whether by direct payment thereof or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as payment to the part Trustee therefor) be entitled to any reimbursement from the Issuer or any abatement or diminution of the Premises thus destroyed Rental Payments hereunder. (3) Anything in this Section to the contrary notwithstanding, if, as a result of the time of the damage or destruction. If within twelve (12) months after the time of the such damage or destruction the Premises User is entitled to exercise an option to purchase the Project and duly does so in accordance with the applicable provisions of Section 11.03 hereof, then neither the User nor the Issuer shall not have been repaired be required to repair, rebuild or reconstructedrestore the property damaged or destroyed, subject and so much (which may be all) of any Net Proceeds referable to extension due such damage or destruction as shall be necessary to delays except force majeure events, Concessionaire may cancel this Lease as regards provide for full payment of the affected Premises by giving written notice of cancellation Indenture Indebtedness shall be paid to the Board within ten Trustee and the excess thereafter remaining (10if any) days after shall be paid to the expiration User. (c) If a Lease Default has occurred and is continuing, and the Letter of such 12-month period, time being of Credit is not in effect or the essence Credit Obligor has dishonored any draw thereunder or there has been instituted insolvency proceedings with respect to the giving Credit Obligor, then all Net Proceeds of such notice. Notwithstanding the foregoing, if all insurance resulting from claims for losses in respect to damage to or a portion destruction of the Premises are completely destroyed as a result Project (in whole or in part) shall be applied to the redemption of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and Bonds in accordance with the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairterms thereof. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) In the event the Premises shall be damaged or partially destroyed by fire or the elements to the extent of less than one-third (1/3) of the cost of replacement thereof above foundation, the same shall be repaired as quickly as is practicable, by and at the expense of Tenant, provided however that Tenant shall be entitled to receive from Landlord up to the cost of said repairs or replacements to the extent that insurance proceeds shall have been received by Landlord. If all such damage or a portion partial destruction shall be of such character, in Landlord’s sole opinion, so as to require Tenant to discontinue occupancy therein, the rental provided for herein shall axxxx from the date of such closing until the Premises are partially damaged by fireagain ready for occupancy. During the period of repair or construction, explosionTenant’s other obligations under this Lease, including without limitation, pursuant to Articles VII and IX, will continue unabated. (b) If during the first fifteen (15) Lease Years of the Term, the elements, public enemy, Premises are subject to Total Destruction (as defined below) by fire or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In such destruction, Landlord and Tenant may mutually agree to terminate this Lease and neither party will be obligated to rebuild or repair the event that all or a portion Premises. For purposes of this Section, “Total Destruction” means damage to an extent of more than one-third (1/3) of the cost of replacement of the Premises are completely destroyed by fire, explosion, above the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premisesfoundation. If terminatedthe Lease is terminated pursuant to Section 6.3, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence then all insurance proceeds with respect to the giving of such notice. Notwithstanding Premises will be paid to Landlord, with the foregoing, if all or a portion of exception that the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible insurance proceeds paid for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's Tenant’s furniture, fixtures, equipmentand equipment will be paid to Tenant. Further, the Base Annual Rent must be paid by Tenant up to the date the Lease is so terminated, and supplies shall any Base Annual Rent paid with respect to the period following the termination will be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality paid to that originally installed hereunderTenant.

Damage and Destruction. A. If all Upon the occurrence of any damage to or a portion destruction of improvements on the Premises are partially damaged by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenableLessee shall promptly notify Lessor thereof, and Lessee shall proceed to restore the same will be repaired with due diligence by the Board at its own cost and expense subject Premises as nearly as is possible to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of condition the Premises untenable, but capable of being repaired were in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expenseimmediately prior to such damage or destruction, subject to such alterations as Lessee may elect to make in conformity with the limitations as set forth herein, and rentals and fees payable hereunder provisions of this Lease. Such restoration shall be reasonably abated in whole commenced promptly and whether or in part depending on not the amount and nature of the Premises rendered untenableinsurance proceeds, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; providedif any, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by firesufficient, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under substantially completed in no obligation to repair, replace event later than two hundred and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10210) days after the expiration date of such 12-month periodpartial destruction or damage, time being or, in the event of a total destruction of the essence with respect Premises, no later than three hundred and sixty five (365) days after the date of such destruction (unavoidable delays beyond Lessee’s reasonable control excepted) and all insurance proceeds received by Lessee (and any insurance proceeds that Lessor may receive) on account of such damage or destruction shall be applied to the giving payment of such noticethe costs of the aforesaid restoration. Notwithstanding This Lease shall not terminate or be affected in any manner and Lessee shall not be relieved of its liability to pay the foregoingfull Rent and additional rent and other charges payable under this Lease or from any other obligations under this Lease by reason of damage to or total, if all substantial or a portion partial destruction of the building(s), improvements or equipment on, in or appurtenant to the Premises at the commencement of the Term or thereafter erected thereon or therein, or by reason of the untenantability of the Premises are completely destroyed as a result or any part thereof. Notwithstanding anything to the contrary in this Section 17, Lessee shall not be obligated to rebuild or restore the Premises if damage or destruction of more than 50% of the negligent act or omission improvements on the Premises occurs during the last year of Concessionaire, rentals and fees shall not xxxxx and the Board mayTerm, in which event Lessee shall assign its discretion, require Concessionaire insurance proceeds to repair Lessor and reconstruct pay to Lessor the affected Premises within twelve (12) months amount of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairdeductible under its policy. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) If all the Premises or a portion the Building are damaged by fire or other insured casualty, Landlord shall give Tenant written notice of the time which will be needed to repair such damage, as determined by Landlord in its reasonable discretion, and the election (if any) which Landlord has made according to this Article 19. Such notice will be given before the thirtieth (30th) day (the “notice date”) after the fire or other insured casualty. (b) If the Premises or the Building are partially damaged by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenable, the same will insured casualty to an extent which may be repaired with due diligence within two hundred ten (210) days after the notice date, as reasonably determined by the Board at its own cost and expense subject Landlord, Landlord shall promptly begin to the limitations set forth herein, provided, however, that if repair the damage is caused by after the negligent act or omission notice date and will diligently pursue the completion of Concessionaire, its sublessees, agents, or employees, Concessionaire such repair. In that event this Lease will continue in full force and effect except that Base Rent shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or abated on a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, pro rata basis from the time date of the damage until the time date of the affected Premises are fully restored and certified by completion of such repairs (the Board's engineers as ready for occupancy; provided, however, that if “repair period”) based on the damage is caused by proportion of the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion rentable area of the Premises Tenant is unable to use during the repair period. (c) If the Premises or the Building are completely destroyed damaged by fire, explosion, the elements, public enemy fire or other insured casualty or so damaged to an extent that they are untenable and canmay not be replaced for more than thirty repaired within two hundred ten (30210) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months days after the time of the damage or destruction the Premises shall not have been repaired or reconstructednotice date, subject to extension due to delays except force majeure eventsas reasonably determined by Landlord, Concessionaire then (1) Landlord may cancel this Lease as regards of the affected Premises date of such damage by giving written notice given to Tenant on or before the notice date or (2) Tenant may cancel this Lease as of cancellation the date of such damage by written notice given to the Board Landlord within ten (10) days after Landlord’s delivery of a written notice that the expiration of repairs cannot be made within such 12-month two hundred ten (210) day period. If neither Landlord nor Tenant so elects to cancel this Lease, time being Landlord shall diligently proceed to repair the Building and Premises and Base Rent shall be abated on a pro rata basis during the repair period based on the proportion of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion rentable area of the Premises Tenant is unable to use during the repair period. (d) Notwithstanding the provisions of Article 19(a), (b), and (c) above, if the Premises or the Building are completely destroyed damaged by uninsured casualty, or if the proceeds of insurance are insufficient to pay for the repair of any damage to the Premises or the Building, Landlord shall have the option to repair such damage or cancel this Lease as a of the date of such casualty by written notice to Tenant on or before the notice date. (e) If any such damage by fire or other casualty is the result of the negligent willful conduct or negligence or failure to act of Tenant, its agents, contractors, employees, or omission invitees, there will be no abatement of ConcessionaireBase Rent as otherwise provided for in this Article 19. Tenant shall have no rights to terminate this Lease on account of any damage to the Premises, rentals and fees shall not xxxxx and the Board mayBuilding, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred Project except as specifically set forth herein, Tenant hereby waiving any such right which exists at law or in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, equity to the same extent and Tenant is not in violation of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderlaws.

Damage and Destruction. A. That if during the Term or any renewal thereof, the Building shall be destroyed or damaged by fire or the elements then the following provisions shall have effect: (i) If all the damage or a portion destruction is such that the Building is rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy the Premises and if in either event the damage, in the reasonable opinion of the Premises are partially damaged by fireLessor, explosionto be given to the Lessee within ten days of the happening of such damage or destruction, the elements, public enemy, or other casualty, but cannot rendered untenable, the same will be repaired with due reasonable diligence within one hundred and twenty (120) days from the happening of such damage or destruction, then either the Lessor or the Lessee may within five (5) days next succeeding the giving of the Lessor's opinion as aforesaid terminate this Lease by the Board at its own cost and expense subject giving to the limitations set forth hereinother notice in writing of such termination, providedin which event this Lease and the term hereby demised shall cease and be at an end as of the date of such destruction or damage and the rent and all other payments for which the Lessee is liable under the terms of th4s Lease shall be apportioned and paid in full to the date of such destruction or damage; in the event that neither Lessor nor Lessee so terminate this Lease, howeverthen the Lessor shall repair the said Premises with all reasonable speed, and notwithstanding such damage or destruction, the term of this Lease and the Lessee's obligations to pay rent and observe the other covenants contained in this Lease shall continue without abatement, provided rent shall xxxxx to the extend that if the lessor recovers loss of rental from its insurance coverage. (ii) If in the reasonably opinion of the Lessor, to be given to the Lessee within ten (10) days of the happening of such damage or destruction, the said damage or destruction can be repaired with reasonable diligence within one hundred and twenty (120) days from the happening of such damage or destruction, then the Lessor shall repair the said Premises with all reasonable speed, and notwithstanding such damage or destruction, the term of this Lease and the Lessee's obligations to pay rent and observe the other covenants contained in this Lease shall continue without abatement, provided rent shall xxxxx to the extent that the Lessor recovers loss of rental from its insurance coverage. In the event that the repair of the damage and destruction is caused by not completed within the negligent act or omission said period of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost one hundred and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty twenty (30120) days, the Premises rent hereby reserved shall be repaired with due diligence xxxxx from the day following the end of the said period of one hundred and twenty (120) days until the day upon which the Lessee is able to occupy and use the Premises; provided that the Lessee may terminate this Lease by giving the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending Lessor written ~notice on the amount day following the said period of one hundred and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act twenty (120) days or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion thereafter of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation its intention to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals shall cease and fees shall not xxxxx be void and the Board may, in its discretion, require Concessionaire to repair Term expire and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairat an end. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. 19.1 If all there is damage to the Lands or Building or damage to the Campus or Complementary Facilities which prevents access to the Premises or the supply of services essential to the Premises, and if the damage is such that the Premises or a portion substantial part of the Premises are partially is rendered not reasonably capable of use by the Tenant for the purposes contemplated herein for a period of time exceeding 30 days, then the rent payable hereunder for the period beginning at the date of occurrence of the damage until at least a substantial part of the Premises is again reasonably capable of use and occupancy for the purpose aforesaid, will xxxxx in the proportion that the area of the Premises rendered not reasonably capable of use by the Tenant bears to the whole of the Premises, and such abatement shall be credited immediately against the Rent payable hereunder. 19.2 If the Premises shall be damaged by fire, explosion, fire or other casualty and this Sub-Lease is not terminated then rent will xxxxx until at least a substantial part of the elements, public enemy, Premises is again reasonably capable of use and occupancy for the purpose of the Tenant. 19.3 If the Premises shall be damaged by fire or other casualty, but and this Sub-Lease is not rendered untenableterminated, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if then the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board Landlord with reasonable diligence at its expense, to the extent of any recovery by the Landlord under the insurance policies of the Landlord, and repairs to alterations, additions or improvements made by the Tenant shall be performed by the Landlord at the expense of the Tenant and the Tenant shall at its own cost expense make all repairs and expense, subject replacements of property which the Tenant is entitled to remove under the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature provisions of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completionclause 10.6. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. 19.4 Notwithstanding the foregoing, if all there is damage to the Building or a portion to the Premises or to the Campus or the provision of utilities and other services to the Building and the Head Lease is terminated due to such damage or destruction, this Sub-Lease shall terminate upon notice in writing given to the Tenant within thirty days of the date of election to terminate the Head Lease and in such event the Landlord and the Tenant shall have no obligation to repair the Premises are completely destroyed and the Tenant shall immediately surrender this Sub-Lease and vacate the Premises. If the Head Lease is not terminated, the Landlord and the Tenant shall diligently proceed to repair such damage in accordance with their respective obligations as described in clause 19.3 herein. 19.5 Notwithstanding acceptance of a result surrender of this Sub-Lease, the Tenant shall fully perform each obligation of the negligent act or omission Tenant under this Sub-Lease (except the obligation of Concessionaire, rentals restoration and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months rehabilitation of the destruction damaged or destroyed Premises and pay the costs therefor; improvements thereon) relating to an event occurring, or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood thatcircumstance existing, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, prior to the same extent date of such surrender including the payment of any rent, taxes, assessments, charges and of equal quality as existed costs which the Tenant is obliged to pay hereunder or which may have accrued in respect of, or may be a lien upon the Premises at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereundersurrender.

Damage and Destruction. A. If all or a Without limitation of Section 5, to the extent that any portion of Licensee's Wireless Facilities or the Premises are partially Central Xxxxxx Facilities shall be damaged or destroyed during the Term by fireany cause other than the gross negligence or willful misconduct of Central Xxxxxx, explosion, the elements, public enemy, such damage or other casualty, but not rendered untenable, the same will destruction shall be promptly repaired with due diligence by the Board or replaced at its own cost and Licensee’s expense subject to the limitations set forth herein, provided, however, that if the damage is caused to Licensee's Wireless Facilities and at Central Xxxxxx 's expense if the damage is to the Central Xxxxxx Facilities unless such damage or destruction was the result of Licensee's negligence. In the event the damage or destruction was the result of Licensee's negligence, the damage or destruction to Licensee's Wireless Facilities and the Central Xxxxxx Facilities shall be repaired or replaced at Licensee's sole expense and in neither event shall there be an abatement or reduction in the Attachment Rate charges to be paid or provided to Central Xxxxxx hereunder. B. To the extent that (i) any portion of Licensee’s Wireless Facilities or the Central Xxxxxx Facilities is materially damaged or destroyed during the term of this Wireless Attachment Agreement by the negligent gross negligence or willful misconduct of Central Xxxxxx during the Term, such damage or destruction shall be promptly repaired or replaced at Central Xxxxxx'x sole expense. Licensee's obligation to pay the Attachment Rate charges applicable to any portion of the Central Xxxxxx Facilities which is made unusable for the Permitted Use by such damage or destruction shall be suspended until such portion of the Central Xxxxxx Facilities is again useable for the Permitted Use. Such obligation to promptly repair or replace and such suspension of Licensee's obligation to pay the Attachment Rate charges shall be the sole and exclusive remedy of Licensee against Central Xxxxxx arising from, relating to, or connected with any damage to or destruction of Licensee's Wireless Facilities or the Central Xxxxxx Facilities. C. To the extent that any other Central Xxxxxx property is damaged or destroyed by the act or omission of ConcessionaireLicensee and such act or omission to act is related to or arises out of Licensee's Wireless Attachment Agreement with Central Xxxxxx or Licensee's occupancy of the Central Xxxxxx Facilities, its sublesseesLicensee shall cause said property to be repaired or replaced at Licensee's sole cost and expense. D. Notwithstanding anything to the contrary in Paragraphs A, agents, B or employees, Concessionaire C of this Section 6 proceeds from the insurance required by this Wireless Attachment Agreement on account of damage or destruction to the Central Xxxxxx Facilities or Licensee's Wireless Facilities or other Central Xxxxxx property shall be applied to the cost of repairing or replacing such damage or destruction and the party responsible for bearing the cost of such repair or replacement only shall be responsible for immediately reimbursing the Board for the such cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completionextent it exceeds such insurance proceeds. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a portion of In the event that the Premises are partially shall be destroyed or damaged by fire, explosionlightning, the elements, public enemytempest, or other casualtyany similar event or peril, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if then: (i) If the damage or destruction is caused by such that the negligent act or omission damage, in the opinion of ConcessionaireLessor’s architect, its sublessees, agents, or employees, Concessionaire which shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as given to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and Lessee within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by firehappening of such damage or destruction, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than repaired with reasonable diligence within one hundred and twenty (120) days from the happening of such damage or destruction, then either Lessor or Lessee may terminate this Lease by giving to the other party a notice in writing of such termination within thirty (30) daysdays of receipt by Lessee of Lessor’s architect’s opinion, in which event this Lease shall cease and be at an end as of the Board date of such destruction or damage and the rent shall be under no obligation apportioned and paid in full to repair, replace and reconstruct the affected Premises, and the Board may date of such destruction or damage. (ii) If neither Lessor nor Lessee terminate this Lease as aforesaid and if, in the opinion of Lessor’s architect, to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as be given to the part Lessee within thirty (30) days of the Premises thus destroyed as happening of the time of such damage or destruction, the damage or destruction is such that the Premises have become wholly untenable, then, all amounts payable by Lessee hereunder shall be suspended from the date of such destruction or damage until the date on which the Premises shall be substantially repaired so as to permit their use. (iii) If neither Lessor nor Lessee terminate this Lease as aforesaid and if, in the opinion of Lessor’s architect, to be given to Lessee within thirty (30) days of the happening of such damage or destruction. If within twelve (12) months after , the time damage or destruction is such that the Premises are capable of being partially used, then, from the date of the happening of the damage or destruction until the date on which the Premises shall not have been repaired or reconstructedsubstantially repaired, subject the Base and Additional Rent shall be reduced proportionately to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a that portion of the Premises which are completely destroyed as a result not capable of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairbeing used. D. It (iv) Where the Lease is understood thatnot terminated as aforesaid, in Lessor shall proceed with all due dispatch to the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to Premises in substantially the same extent condition that they were in before the occurrence of the damage and shall furnish to Lessee a certificate of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any an independent licensed architect attesting to such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereundersubstantial completion.

Damage and Destruction. A. (a) If all or a portion any part of the Premises are partially Building is damaged by fire, explosion, the elements, public enemy, fire or other casualtycasualty occurring on or after the Effective Date and prior to the Closing Date, but whether or not rendered untenablesuch damage affects a material part of the Building, then: (i) if (1) the estimated cost of repair or restoration is less than or equal to Five Hundred Thousand and No/100 Dollars ($500,000.00), (2) the estimated time to substantially complete such repair or restoration is twelve (12) months or less, (3) the damage does not cause access (as of the Effective Date) to the Property to be restricted (other than on a temporary basis), (4) the damage does not cause the Property to not be in compliance with local zoning laws and ordinances in any way that cannot be remedied by restoring the Property to substantially the condition it was in prior to such damage, and (5) Seller’s insurer has committed to fully cover (subject to deductible) the damage under its policies of insurance in writing, then neither party shall have the right to terminate this Agreement and the parties shall nonetheless consummate this transaction in accordance with this Agreement, without any abatement of the Purchase Price or any liability or obligation on the part of Seller by reason of such destruction or damage. In such event, Seller shall assign to Purchaser so that Purchaser shall have the right to make a claim for and to retain any casualty insurance proceeds received under the casualty insurance policies in effect with respect to the Premises on account of such physical damage or destruction as shall be necessary to perform repairs to the Building and/or to rebuild the Building to substantially the same will be repaired with due diligence by the Board at its own cost and expense subject condition as it existed prior to the limitations set forth herein, provided, however, that if occurrence of such fire or other casualty and Purchaser shall receive a credit against the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board cash due at Closing for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion amount of the Premises untenabledeductible on such casualty insurance policy less any amounts reasonably and actually expended by Seller to collect any such insurance proceeds or to remedy any unsafe conditions at the Property or to repair or restore any damages, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject no event to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on exceed the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancyloss; provided, however, that if the damage insurer is caused by unwilling or unable to permit the negligent act or omission assignment of Concessionaireany insurance claim to Purchaser, itsthen Seller shall cooperate with Purchaser to prosecute such claim at Purchaser’s direction, agentsbut in Seller’s name, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and pay any resulting proceeds to Purchaser within thirty five (305) business days following completion. C. Seller’s receipt thereof. Seller’s obligations under the foregoing proviso shall survive Closing and shall not be subject to the Liability Cap or Liability Floor. In the event that all or a portion such amount reasonably spent by Seller shall exceed the amount of the Premises are completely destroyed by firedeductible on such casualty insurance policy, explosionthen Purchaser shall deliver such excess amount to Seller, within ten (10) business days of its receipt of any casualty insurance proceeds received on account of such casualty. Seller shall not settle any claim under its insurance policies under this Section 11 without Purchaser’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed (it being understood that Purchaser will be reasonable in withholding approval if the elementssettlement would result in payment of insurance proceeds that, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as when added to the affected Premises. If terminateddeductible payable by Seller, is less than the full replacement cost). (ii) if (1) the estimated cost of repair or during any period of non-tenabilityrestoration exceeds Five Hundred Thousand and No/100 Dollars ($500,000.00), rentals and fees payable hereunder shall xxxxx as (2) if the estimated time to the part of the Premises thus destroyed as of the time of the damage substantially complete such repair or destruction. If within restoration exceeds twelve (12) months after months, (3) the time damage causes access, as of the Effective Date, to the Property to be restricted on a non-temporary basis, (4) the damage causes the Property to not be in compliance with local zoning laws and ordinances and such non- compliance cannot be remedied by restoring the Property to substantially the condition it was in prior to such damage, or (5) Seller’s insurer has not committed to fully cover (subject to the deductible) the damage under its policies of insurance in writing, then Purchaser shall have the option, exercisable on or prior to the Casualty Election Date (as hereinafter defined), time being of the essence, to terminate this Agreement by delivering notice of such termination to Seller, whereupon the Deposit, together with all interest accrued thereon, shall be returned to Purchaser and this Agreement shall be deemed canceled and of no further force or effect, and neither party shall have any further rights or liabilities against or to the other except for such provisions which are expressly provided in this Agreement to survive the termination hereof. If a fire or other casualty described in this Section 11(a)(ii) shall occur and Purchaser shall not timely elect to terminate this Agreement, then Purchaser and Seller shall consummate this transaction in accordance with this Agreement, without any abatement of the Purchase Price or any liability or obligation on the part of Seller by reason of such destruction or damage and, in such event, Seller shall assign to Purchaser and Purchaser shall have the right to make a claim for and to retain (x) any casualty insurance proceeds received under the casualty insurance policies in effect with respect to the Premises on account of such physical damage or destruction as shall be necessary to perform repairs to the Building and/or to rebuild the Building to substantially the same condition as existed prior to the occurrence of such fire or other casualty and Purchaser shall receive a credit against the cash due at Closing for the amount of the deductible on such casualty insurance policy less any amounts reasonably and actually expended by Seller to collect any such insurance proceeds or to remedy any unsafe conditions at the Property or to repair or restore any damages, in no event to exceed the amount of the loss and (y) the amount of any rent loss insurance relating to the Premises so damaged with respect to periods on and after the Closing Date; provided, however, if the insurer is unwilling or unable to permit the assignment of any insurance claim to Purchaser, then Seller shall cooperate with Purchaser to prosecute such claim at Purchaser’s direction, but in Seller’s name, and pay any resulting proceeds to Purchaser within five (5) business days following Seller’s receipt thereof. Seller’s obligations under the foregoing proviso shall survive Closing and shall not have been repaired be subject to the Liability Cap or reconstructedLiability Floor. In the event such amount spent by Seller shall exceed the amount of the deductible on such casualty insurance policy, then Purchaser shall deliver such excess amount to Seller, within ten (10) business days of its receipt of any casualty insurance proceeds received on account of such casualty. (b) The estimated cost to repair and/or restore and the estimated time to complete contemplated in Section 11(a) above shall be established by estimates obtained by Seller from independent contractors, subject to extension Purchaser’s review and reasonable approval of the same and the provisions of Section 11(c) below. Seller and Purchaser shall cooperate and exercise due diligence to delays except force majeure events, Concessionaire may cancel obtain damage estimation and insurance proceeds. (c) The provisions of this Lease as regards the affected Premises by giving written notice of cancellation Section 11 supersede any law applicable to the Board Premises governing the effect of fire or other casualty in contracts for real property. Any disputes under this Section 11 as to the cost of repair or restoration or the time for completion of such repair or restoration shall be resolved by expedited arbitration before a single arbitrator acceptable to both Seller and Purchaser in their reasonable judgment in accordance with the rules of the American Arbitration Association; provided that if Seller and Purchaser fail to agree on an arbitrator within ten (10) days after a dispute arises, then either party may request the expiration of such 12-month period, time being office of the essence with respect American Arbitration Association located in Seattle, Washington to designate an arbitrator. Such arbitrator shall be an independent architect or engineer having at least ten (10) years of experience in the giving construction of such noticeoffice buildings in Seattle, Washington. Notwithstanding the foregoing, if all or a portion The determination of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire arbitrator shall be responsible for immediately reimbursing conclusive and binding upon the Board for the parties. The costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations such Arbitrator shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent borne equally by Seller and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderPurchaser.

Damage and Destruction. A. If all the Premises or the Building are completely destroyed by any cause insured against under a standard form fire and extended coverage policy of insurance, or are so damaged thereby that they are untenantable within one hundred eighty (180) days after the date of such destruction or damage, Landlord or Tenant may terminate this Lease by written notice to the other given within five (5) business days after the end of the one-hundred and eighty (180) day period. Within forty-five (45) days after the date of such destruction or damage, Landlord shall give written notice to Tenant as to whether or not the Premises will be rendered tenantable within one hundred eighty (180) days after the date of such destruction or damage. If this Lease is not terminated by Landlord or Tenant as set forth above, Landlord shall with due diligence render the Premises tenantable to the extent insurance proceeds are available therefor, and rent allocable to the untenantable portion of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. abated while such portion remains untenantable. If such damages shall be so extensive as to render all or a portion of the Premises untenableor the Building are damaged or destroyed by any cause other than a cause insured against under a standard form fire and extended coverage policy of insurance, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence then Landlord may terminate this Lease by the Board at its own cost and expense, subject written notice to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and Tenant given within thirty (30) days following completion. C. In after such damage or destruction, which termination shall be effective as of the event that all date of the notice. Notwithstanding anything to the contrary herein, if the Building or a portion of the Premises are completely damaged or destroyed by fire, explosion, within the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within last twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement term of this Lease, then Landlord may terminate this Lease upon written notice to Tenant given within thirty (30) business days after the damage or destruction occurs. Replacement Tenant hereby waives the provisions of Subdivision 2 of Section 1932 of the California Civil Code and redecoration the provisions of improvements constructed and/or installed by Concessionaire and replacement Subdivision 4 of Concessionaire's furniture, fixtures, equipmentSection 1933 of the California Civil Code, and supplies shall be all successor and similar statutes and laws and agrees that this Section 12 is intended to govern damage and destruction to the responsibility, Premises and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderBuilding.

Damage and Destruction. A. If all either the Building or a portion the Premises should be substantially destroyed or damaged (which, as used herein, means destruction or material damage to at least 50% of the Premises are partially damaged Building or the Premises) by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenablethen either party hereto may, the same will be repaired with due diligence by the Board at its own cost and expense subject option, terminate this Use Agreement by giving written notice thereof to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in other party within thirty (30) daysdays after the date of such casualty. In such event, Periodic Use Compensation shall be apportioned to and shall cease as of the date of such casualty. If neither party exercises this option, then the Premises shall be repaired with due diligence by the Board reconstructed and restored, at its own cost and City's expense, subject to substantially the same condition as they were prior to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancycasualty; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire City's obligation hereunder shall be responsible for reimbursing limited to the Board reconstruction of such of the RW interior improvements as were originally required to be provided by City in accordance with this Use Agreement and further provided that, if RW has made any additional improvements pursuant to Section 3.02 of this Use Agreement, RW shall reimburse City for the cost of reconstructing the same on terms satisfactory to City in its sole discretion. In the event of such reconstruction, Periodic Use Compensation shall be abated for any period between the date of the casualty and expenses incurred substantial completion of the reconstruction repairs by City during which the Premises are unusable (or abated on a pro rata basis if only a portion of the Premises is unusable) and this Use Agreement shall continue in full force and effect for the repair balance of the term hereof. If the Building and the Premises should be less than substantially destroyed or damaged by fire or other casualty that does not result in a termination of the Use Agreement as provided for above, then such damaged part of the Premises shall be reconstructed and restored at City's expense, to substantially the same condition as they were prior to the casualty; provided, however, that City's obligation hereunder shall be limited to the reconstruction of such of the RW interior improvements as were originally required to be provided by City in accordance with this Use Agreement, and further provided that, if RW has made any additional improvements pursuant to Section 3.02 of this Use Agreement, RW shall reimburse City for the cost of reconstructing the same on terms satisfactory to City in its sole discretion. Periodic Use Compensation shall be abated to the extent the Premises are unusable (or abated on a pro rata basis if only a portion of the Premises is unusable) from the date of the casualty until substantial completion of the reconstruction repairs by City; and this Use Agreement shall continue in full force and effect for the balance of the term hereof. City shall use reasonable diligence in completing such reconstruction repairs. Notwithstanding anything else to the contrary contained in this Section 6.01, except for RW's reimbursement for the cost of reconstructing those improvements made by RW pursuant to Section 3.02 of this Use Agreement, City shall have no obligation to pay for restoration of the Premises more than the net amount of the insurance proceeds payable for the benefit of City by reason of such damage or destruction after deduction of City's cost of obtaining such proceeds and any amount any lender to City requires to be applied to such loan, provided that if because such proceeds plus any amount City voluntarily contributes are insufficient to restore the Premises substantially to the condition they were in prior to such casualty, subject to the limitations with regard to RW's additional improvements as set forth above, RW shall have the right to terminate this Use Agreement by written notice to City which is delivered within thirty (30) days following completionafter RW first becomes aware that such insufficiency exists. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all 21.1 If, during the term, the demised premises shall be destroyed or a portion of the Premises are partially damaged by fire, explosionthe elements or by natural disaster or a similar cause, the elementsfollowing shall apply: a) if the demised premises shall be so badly damaged so as (in the reasonable opinion of the Landlord) the same are unfit for occupancy and are incapable, public enemywith reasonable diligence, of being repaired and rendered fit for occupation within one hundred eighty (180) days from the happening of such damage, then the term hereby granted shall cease and be at an end to all intents and purposes from the date of such damage or other casualtydestruction and the Tenant shall immediately surrender the same and yield up possession of the demised premises to the Landlord and the rent hereunder shall be apportioned and paid to the date of such termination. b) If the demised premises shall be capable (in the reasonable opinion of the Landlord), with reasonable diligence, of being repaired and rendered fit for occupation within one hundred eighty (180) days from the happening of such damage, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render the demised premises wholly unfit for occupation, then the rent hereby reserved shall not run or accrue after such damage or while the process of repair is ongoing and the Landlord shall repair the same with all reasonable speed and diligence and the rent shall recommence immediately after such repairs shall be completed and the demised premises are rendered fit for occupation. The Landlord may, at its option, instead of repairing, rebuilding or a portion making the demised premises fit for the purposes of the Premises untenableTenant, but capable of being repaired by notice in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject writing to the limitations as set forth hereinTenant, forthwith determine the Lease and rentals the Landlord may thereupon recover the rent due and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from accruing due to the time of such partial destruction and the damage until Tenant shall immediately surrender and yield up possession of the time demised premises to the affected Premises are fully restored and certified Landlord. 21.2 In none of the situations contemplated by Clause 21.01 hereof shall the Tenant have any claim upon the Landlord for any damages sustained by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completionTenant. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) If all the Premises or a portion the Building are damaged by fire or other insured casualty, Landlord shall give Tenant written notice of the time which will be needed to repair such damage, as determined by Landlord in its reasonable discretion, and the election (if any) which Landlord has made according to this Article 19. Such notice will be given before the sixtieth (60th) day (the “Notice Date”) after Landlord first learns of the fire or other insured casualty. (b) If the Premises or the Building are partially damaged by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenable, the same will insured casualty to an extent which may be repaired with due diligence within one (1) year after the Notice Date, as reasonably determined by Landlord, Landlord shall promptly begin to repair the Board at its own cost and expense subject damage after the Notice Date, to the limitations extent set forth hereinin subsection (f) of this Article 19, provided, however, and Landlord will diligently pursue the completion of such repair. In that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire event this Lease will continue in full force and effect except that Monthly Base Rent shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or abated on a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, pro rata basis from the time date of the damage until the time date of the affected completion of such repairs (the “Repair Period”) based on the proportion of the rentable area of the Premises Tenant is unable to use during the Repair Period. (c) If the Premises or the Building are fully restored and certified damaged by fire or other insured casualty to an extent that they may not be repaired within one (1) year after the Board's engineers Notice Date, as ready for occupancy; providedreasonably determined by Landlord, however, that if then (1) Landlord may cancel this Lease as of the date of such damage is caused by written notice given to Tenant on or before the negligent act Notice Date or omission (2) Tenant may cancel this Lease as of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and date of such damage by written notice given to Landlord within thirty (30) days following completion. C. In after Landlord’s delivery of a written notice that the event that all or repairs cannot be made within such one (1) year period. If neither Landlord nor Tenant so elects to cancel this Lease, Landlord shall diligently proceed to repair the Building and Premises, to the extent set forth in subsection (f) of this Article 19, and Monthly Base Rent shall be abated on a portion pro rata basis during the Repair Period based on the proportion of the rentable area of the Premises Tenant is unable to use during the Repair Period. (d) Notwithstanding the provisions of Articles 19(a), (b), and (c), above, if the Premises or the Building are completely destroyed damaged by fireuninsured casualty, explosionor if the proceeds of insurance are insufficient to pay for the repair of any damage to the Premises or the Building, Landlord shall have the elements, public enemy option to repair such damage or cancel this Lease as of the date of such casualty by written notice to Tenant on or before the Notice Date. (e) If any such damage by fire or other casualty is the result of the willful conduct or negligence or failure to act of Tenant, its agents, contractors, employees, or invitees, there will be no abatement of Monthly Base Rent as otherwise provided for in this Article 19. (f) Notwithstanding anything contained herein to the contrary, Landlord’s obligations for repair of damage to the Premises shall include any tenant improvements and those tenant alterations of which Landlord had notice and which became Landlord’s property pursuant to the terms of this Lease, but shall exclude the Tenant’s Property (as such term is defined in Article 6.2(a) of this Lease). Tenant shall be solely responsible for the repair, replacement and restoration of Tenant’s Property and shall promptly commence such repair and diligently pursue the same to completion unless this Lease is terminated as provided in this Article 19. (g) Notwithstanding anything to the contrary contained in this Article 19, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Building, Common Areas and/or the Premises when the damage occurs during the last twenty four (24) months of the Term of this Lease or any extension thereof which has been exercised. If Landlord elects to not repair any damage during the last twenty four (24) months of the Lease Term, Landlord shall so damaged that they are untenable and cannotify Tenant in writing within sixty (60) days after the date of such damage, and, thereupon, Tenant may terminate this Lease upon not be replaced for more less than thirty (30) days, ’ prior written notice to Landlord. (h) Landlord and Tenant hereby waive the Board provisions of any statutes or court decisions which relate to the abatement or termination of leases when leased property is damaged or destroyed and agree that such event shall be under no obligation to repair, replace and reconstruct exclusively governed by the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement terms of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. 13.1. If all or a portion of the Premises are partially is damaged by fire, explosion, the elements, public enemy, fire or other casualty, but then City [or its designee] will repair the same, provided that funds for such repairs are appropriated by City’s Board of Supervisors, in its sole discretion, for such purpose and that such repairs can be made within [three hundred sixty-five (365)] days after the date of such damage (the “Repair Period”). In the event such conditions are satisfied, this Agreement will remain in full force and effect. City will use reasonable efforts to notify Tenant within ninety (90) days after the date of such damage whether or not rendered untenablesuch repairs can be made within the Repair Period, the same and City’s determination thereof will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repairbinding on Tenant. B. 13.2. If such damages shall repairs cannot be so extensive as made within the Repair Period, City will have the option to render all or notify Tenant of: (a) City’s intention to repair such damage and diligently prosecute such repairs to completion within a portion of reasonable period after the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expenseRepair Period, subject to the limitations Board of Supervisor’s appropriation of all necessary funds, in which event this Agreement will continue in full force and effect; or (b) City’s election to terminate this Agreement as set forth hereinof a date specified in such notice, and rentals and fees payable hereunder shall which date will be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more less than thirty (30) daysnor more than sixty (60) days after notice is given by City. In case of termination, Xxxxxx will pay rent and other amounts due hereunder up to the Board shall be under date of termination. Notwithstanding anything to the contrary in this Agreement, City will have no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of repair the Premises thus destroyed as of in the time of the damage or destruction. If within twelve (12) months after the time of event the damage or destruction the Premises shall not have been repaired or reconstructed, subject is attributable to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent any act or omission of ConcessionaireTenant, rentals and fees shall not xxxxx and the Board mayits officers, agents, invitees or employees, in its discretion, require Concessionaire which event this Agreement will terminate. In no event will City be required to repair any damage to Tenant’s Personal Property. City and reconstruct Tenant intend that the affected Premises within twelve (12) months provisions of this Section govern fully in the event of any damage or destruction and accordingly, City and Tenant each hereby waives the provisions of Section 1932, subdivision 2, Section 1933, subdivision 4 and Sections 1941 and 1942, of the destruction and pay the costs therefor; Civil Code of California or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred under any similar law, statute or ordinance now or hereafter in the repaireffect. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. 16.1. If all the Demised Premises or the Property are damaged by fire or other insured casualty, Lessor will give Lessee written notice of the time which will be needed to repair such damage, as determined by Lessor in its reasonable judgment, and the election (if any) which Lessor has made according to this Section 16. Such notice will be given before the 30th day (the "notice date") after the fire or other insured casualty. 16.2. If the Demised Premises or the building are damaged by fire or other insured casualty to an extent which may be repaired within 120 days after the notice date, as reasonably determined by Lessor, Lessor will promptly begin to repair the damage after the notice date and will diligently pursue the completion of such repair. In that event this Lease will continue in full force and effect except that Base Rent and (as appropriate) Additional Rent will be abated on a pro rata basis from the date of the damage until the date of the completion of such repairs (the "repair period") based on the proportion of the rentable area of the Demised Premises that Lessee is unable to use during the repair period. 16.3. If the Demised Premises or the Property are damaged by fire or other insured casualty to an extent that may not be repaired within 120 days after the notice date, as reasonably determined by Lessor, then (a) Lessor may cancel this Lease as of the date of such damage by written notice given to Lessee on or before the notice date or (b) Lessee may cancel this Lease as of the date of such damage by written notice given to Lessor within 10 business days after Lessor's delivery of a written notice that the repairs cannot be made within such 120-day period. If neither Lessor nor Lessee so elects to cancel this Lease, Lessor will diligently proceed to repair the Property and the Demised Premises, and Base Rent and (as appropriate) Additional Rent will be abated on a pro rata basis during the repair period based on the proportion of the rentable area of the Demised Premises that Lessee is unable to use during the repair period. 16.4. Notwithstanding the provisions of this Section 16, if a material portion of the Demised Premises are partially or the Property is damaged by fire, explosion, the elements, public enemyan uninsured casualty, or other casualty, but not rendered untenable, if the same will be repaired with due diligence by proceeds of insurance are insufficient to pay for the Board at its own cost and expense subject repair of any material damage to the limitations set forth hereinDemised Premises or the Property, Lessor will have the option to repair such damage or cancel this Lease as of the date of such casualty by written notice to Lessee on or before the notice date, provided, however, that such termination shall not be effective if Lessee, within 10 days after its receipt of such notice, delivers to Lessor the damage is caused by the negligent act written agreement of Lessee (in form and substance reasonably satisfactory to Lessor) to pay or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board reimburse Lessor for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a uninsured portion of the Premises untenablecost of such repairs. 16.5. If any such damage by fire or other casualty is the result of the negligence or wilful misconduct of Lessee, but capable its agents, contractors, employees, or invitees, there will be no abatement of being repaired Base Rent or Additional Rent as otherwise provided for in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject this Section 16. Lessee will have no rights to terminate this Lease on account of any damage to the limitations Demised Premises or the Property except as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all Other than damage or a portion of destruction caused by the Premises are partially VILLAGE or BOARD, in the event the DEMISED AREA, in whole or in part, should be destroyed or so damaged by fire, explosionwindstorm or other casualty to the extent the DEMISED AREA is rendered untenantable or unfit for the purposes intended, the elementsVILLAGE may, public enemyat the VILLAGE’s sole option, either cancel this Agreement by giving sixty (60) day written notice to the BOARD, or repair or replace the damaged/destroyed facilities, at the VILLAGE’s expense. If the VILLAGE opts to repair or replace the damaged/destroyed facilities, then the VILLAGE shall cause the damaged/destroyed facilities to be repaired or replaced, and placed in a safe, secure and useable condition within one hundred eighty (180) days from the date of said damage or destruction, or other casualty, but not rendered untenable, the same will be repaired with due diligence reasonable period of time as mutually agreed to by the Board at its own cost and expense subject to the limitations set forth hereinParties, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire which shall be responsible for immediately reimbursing determined based upon the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount scope and nature of the Premises rendered untenabledamages, from the time costs of the damage until necessary repairs and available funding for such repairs. Should the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely damaged/destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and canfacilities not be replaced for more than thirty (30) daysrepaired and rendered tenantable within the aforementioned time period, then the Board shall be under no obligation to repairBOARD may, replace and reconstruct at its sole option, place the affected Premises, and the Board may terminate this Lease as to the affected PremisesVILLAGE in default. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the Any damage or destruction the Premises shall not have been repaired sustained to all or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being portions of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed DEMISED AREA that can be substantiated as having been caused as a result of the negligent act actions of one Party shall be repaired by such Party at such Party’s sole cost and expense. In that event, the responsible Party shall cause the damaged/destroyed facilities to be repaired or omission replaced, and placed in a safe, secure and useable condition within one hundred eighty (180) days from the date of Concessionairesaid damage or destruction, rentals or other reasonable period of time as mutually agreed to by the Parties, which shall be determined based upon the scope and fees shall nature of the damages, costs of the necessary repairs and available funding for such repairs. Should the damaged/destroyed facilities not xxxxx be repaired and rendered tenantable within the Board aforementioned time period, then the other Party may, at its sole option, place the Party responsible for the repairs in its discretion, require Concessionaire to repair and reconstruct default. The Parties agree that in the affected Premises within twelve (12) months event of cancellation of the destruction and pay the costs therefor; Agreement due to damage or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsectionsdestruction, the Board's obligations Parties shall be limited to repair or reconstruction of surrender the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement DEMISED AREA in compliance with Article XX of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderAgreement.

Damage and Destruction. A. (a) If all or any part of the Premises is damaged by fire or other casualty and all or a portion of the Premises is rendered unusable by the Tenant, then Rent will xxxxx, in the proportion that that part of the Premises which is rendered unusable bears to the whole of the Premises from and after the date of the damage and such abatement will continue until the Landlord has completed its repairs under Section 11.1(b) or until this Lease terminates, whichever occurs first . (b) Except as provided in Section 11.1(c) hereof, if the Premises are partially damaged by fire, explosionfire or other casualty insured against by the Landlord, the elements, public enemy, or other casualty, but not rendered untenable, damage to the same Premises will be repaired with due diligence by the Board Landlord at its own cost expense except that repairs to installations, alterations, additions, partitions, improvements and expense subject to fixtures made by or on behalf of the limitations set forth herein, provided, however, that if the damage is caused by the negligent act Tenant or omission of Concessionaire, its sublessees, agents, any previous tenant or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion occupant of the Premises untenableor any part thereof will be performed by the Tenant or, but capable at the option of being repaired in thirty the Landlord, will be performed by the Landlord at the expense of the Tenant. All repairs which the Landlord is required to make under this Section 11.1(b) will be made with due diligence, provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any delay which may arise by reason of adjustment of insurance on the part of the Landlord or on account of labour troubles or any other cause beyond the Landlord’s control. (30c) daysNotwithstanding the foregoing, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees Landlord will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under have no obligation to repair, replace and reconstruct or restore the affected Premises, and Premises or the Board may terminate this Lease as Building if any of the following occurs: (i) the Building is damaged by fire or other casualty to the affected Premises. If terminated, extent that it cannot reasonably be repaired or during rebuilt within 180 days after the occurrence of such damage; (ii) the holder of any period of non-tenability, rentals and fees mortgage or security agreement encumbering the Complex elects not to permit the insurance proceeds payable hereunder shall xxxxx as upon damage to the part or destruction of the Building or Premises thus destroyed as of the time of the damage to be used for such repair, reconstruction or destruction. If within twelve restoration; (12iii) months after the time of the damage or destruction is not fully covered by insurance maintained by the Premises shall Landlord or for the Landlord’s benefit; (iv) the damage or destruction occurs during the last 24 months of the initial Term or any extension or renewal thereof; or (v) the Tenant has abandoned the Premises. If the Landlord decides not have been repaired or reconstructedto restore the Building, subject to extension due to delays except force majeure eventsthe Landlord will, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) 90 days after the expiration happening of such 12-month periodfire or other casualty, time being give to the Tenant a notice in writing of such decision and the Term and any extension thereof will expire forthwith and the Tenant will vacate the Premises and surrender them to the Landlord. If the Building is damaged to the extent set out above and the Landlord does not give notice of a decision not to restore, the Landlord will diligently proceed to repair the Building to the extent set out in Section 11.1(b). Upon the termination of this Lease by the Landlord as provided in this Section 11.1(c), the Tenant’s liability for the Rent will cease as of the essence with respect to day following the giving of such notice. Notwithstanding the foregoing, if all fire or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repaircasualty. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all 49.1 Should any damage to, or a portion destruction of, the whole of the Leased Premises are partially damaged by fire, explosiontake place, the elementsLessee shall have no claim whatsoever against the Lessor, public enemyirrespective of the cause or nature of such damage or destruction. The Lessor shall be entitled, within 30 (thirty) days after such damage or destruction, to decide whether or not to terminate this Lease Agreement and shall notify the Lessee of its decision in writing within such period. Should the Lessor not notify the Lessee of its decision within such period, it shall be deemed to have elected to terminate this Lease Agreement. 49.2 Should the Lessor elect or be deemed to have elected to terminate this Lease Agreement, the Lessee shall have no claim of any nature whatsoever against the Lessor as a result of such termination, but shall not be liable for the payment of Rental, Operating Costs or other casualtycharges from the date of such damage or destruction. 49.3 Should the Lessor elect not to terminate this Lease Agreement: 49.3.1 the Lessor shall reinstate the Leased Premises, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost as soon as is reasonably possible; 49.3.2 the Lessee shall not be liable for the payment of Rental, Operating Costs or other charges for as long as it is deprived of beneficial occupation of the Leased Premises; 49.3.3 the Lessee shall re-take beneficial occupation from time to time of any part of the Leased Premises which has been reinstated and expense subject the provisions of this Lease Agreement shall mutatis mutandis apply to such occupation and the Lessee shall make payment of the Rental, Operating Costs or other charges in terms of this Lease Agreement on a pro rata basis; and 49.3.4 the period of this Lease Agreement shall, at the option of the Lessee, be extended by the period during which the Lessee is deprived of beneficial occupation of the whole of the Leased Premises. 49.4 Should any portion (but not the whole) of the Leased Premises be damaged or destroyed by any cause whatsoever, the Lessor shall be entitled within 30 (thirty) days after such damage or destruction, to decide whether or not to terminate this Lease Agreement and shall notify the Lessee of its decision in writing within such period. Should the Lessor not notify the Lessee of its decision within such period, it shall be deemed to have elected to terminate this Lease Agreement. 49.5 Should the Lessor elect not to terminate this Lease Agreement, then 49.5.1 the Rental, Operating Costs or other charges payable by the Lessee shall be reduced pro rata to the limitations set forth herein, provided, however, extent of infringement upon the Lessee’s right of beneficial occupation; 49.5.2 the Lessor shall repair the damaged or destroyed portion of the Leased Premises at it’s own cost as soon as is reasonably possible; and 49.5.3 the Lessee shall have no claim whatsoever against the Lessor irrespective of the cause or nature of such damage or destruction. 49.6 In the event that if the damage total or partial destruction is caused by the negligent any wilful act or omission of Concessionairethe Lessee, its sublessees, agents, or employees, Concessionaire then (notwithstanding the provisions of this clause 49) the Lessee shall not be able to invoke the above protections and shall be responsible for immediately reimbursing liable to the Board Lessor for the cost and expenses incurred in the repair. B. If such full sum of damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence sustained by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed it as a result of the negligent aforesaid wilful act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairomission. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) City will have no obligation to repair or rebuild the Premises in the event of damage or destruction by fire or other casualty. Tenant accepts all responsibility for funding, repair, and/or reconstructing the Premises in the event of damage or destruction by fire or other casualty. Tenant accepts sole responsibility for repair or reconstruction and will carry enough insurance to repair any damage to the Premises and Tenant’s Personal Property. (b) If all or a any portion of the Premises are partially damaged by firecasualty but the Premises remain tenantable for the Permitted Use, explosion, then the elements, public enemy, or other casualty, but not rendered untenable, the same damage will be repaired in accordance with due diligence Section 7 (Tenant Improvements and Alterations) above. If the Premises or any portion of it or the Building are completely destroyed by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agentsany cause, or employeesare so damaged that the Premises are untenantable, Concessionaire shall be responsible then, within forty-five (45) days after the date the destruction or damage, Tenant will give City written notice whether or not Tenant will repair the Premises or Building so that the Premises are in a tenantable condition for immediately reimbursing Tenant’s Permitted Use (the Board for “Repairs”) within one hundred eighty (180) days after the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion date of the Premises untenable, but capable of being repaired in thirty destruction or damage. If Tenant’s notice states that the Repairs will not be made within one hundred eighty (30180) days, days after the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time date of the damage until or destruction, then either City or Tenant may terminate this Lease by written notice given to the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and other within thirty (30) days following completionafter receipt of Tenant’s repair notice. If neither Party terminates this Lease, then, with due diligence, Tenant will repair the Premises for the Permitted Use, and City will proportionally reduce the Base Rent (based upon the extent that the damage and the Repairs materially interferes with Tenant’s Permitted Use of the Premises) that would be payable between the date of the damage and the date the repairs are substantially completed. C. (c) In the event that all or a portion addition, if more than twenty-five percent (25%) of the Premises are completely destroyed by firereplacement value of the Building is destroyed, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board then City may terminate this Lease as by written notice to the affected Premises. If terminated, or during any period of nonTenant given within forty-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of five (45) days after the damage or destruction. If within twelve (12) months after the time , which termination will be effective as of the damage or destruction date of the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation notice. (d) Notwithstanding anything to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoingcontrary in this Lease, if all the Building or a portion of the Premises are completely damaged or destroyed as a result of in the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within last twelve (12) months of the destruction and pay the costs therefor; or the Board Term, then either Party may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, terminate this Lease upon written notice to the same extent and of equal quality as existed at other party given within thirty (30) days after the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing damage or re-equipping shall be of equivalent quality to that originally installed hereunderdestruction occurs.

Damage and Destruction. A. If all or a portion of the Premises are partially damaged by firedamaged, explosion, the elements, public enemydestroyed, or other casualtyrendered unusable by any cause, but not rendered untenableTenant will notify the Authority promptly after the discovery of the damage, destruction, or condition rendering the same will be repaired with due diligence by the Board at its own cost and expense subject Premises unusable (together referred to as “damage”). The Premises is considered damaged if any event occurs to the limitations set forth herein, provided, however, Premises that if limits Tenant’s use of the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agentsPremises, or employees, Concessionaire shall be responsible for immediately reimbursing requires repairs to the Board for the Premises that are estimated to cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion more than 5% of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own initial construction cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, Leasehold Improvements. If the Tenant fails to notify the Authority within fifteen (15) days from the time discovery of the damage until then the time election not to repair (as identified below in Item 2) is not available to the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within Tenant. Within thirty (30) days of discovery of the damage Tenant will give Authority notice of the time that is needed to repair such damage and the election (if applicable) that Tenant has made according to the following completion.items (the date such notice is given is herein called the “Notice Date”): C. In the event that all or a portion of 1. If the Premises are completely destroyed damaged, destroyed, or rendered unusable by fireany cause to an extent that can be repaired within ninety (90) days after the commencement of repair, explosionTenant will repair the damage. Tenant will promptly (or upon receipt of proceeds if the loss is insured) repair or rebuild the damaged Premises at Tenant’s expense, so as to make the elementsPremises at least equal in value to the Premises existing immediately prior to such occurrence and as nearly similar in character as is practicable and reasonable. In that event this Lease will continue in full force and effect except that monthly rent will be abated, public enemy at a level consistent with the level of damage, from the Notice Date until the completion of repair, but in no event more than ninety (90) days from the Notice Date, or 2. If the Premises are damaged, destroyed, or other casualty or so damaged that they are untenable and canrendered unusable by any cause to an extent which can not be replaced for more than thirty repaired within ninety (3090) daysdays after the commencement of repair, then: a. Tenant may elect not to repair the Board damage. If Tenant elects not to repair such damage, then Tenant shall submit to the Authority an amount needed to make the Premises at least equal in beneficial use and enjoyment to the Premises existing immediately prior to such occurrence and as nearly similar in character as is practicable and reasonable. If the loss is insured, this amount shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as equal to the affected Premises. If terminatednet insurance proceeds, or during any period plus the amount of non-tenabilitythe deductible, rentals and fees payable hereunder shall xxxxx as less an amount equal to the part Undepreciated Leasehold Improvements Cost. Upon submittal of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructedsaid amount, subject to extension due to delays except force majeure events, Concessionaire Tenant may cancel this Lease effective as regards of the affected Notice Date, or b. Tenant may elect to repair the damage. If Tenant elects to repair such damage, Tenant will promptly (or upon receipt of proceeds if the loss is insured) repair or rebuild the Premises by giving written notice of cancellation at Tenant’s expense, so as to make the Premises at least equal in beneficial use and enjoyment to the Board within ten Premises existing immediately prior to such occurrence and as nearly similar in character as is practicable and reasonable. In that event this Lease will continue in full force and effect, except that monthly rent will be abated from the Notice Date until the completion of repair, but in no event more than one-hundred and eighty (10180) days after from the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairNotice Date. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a portion of and whenever during the Premises are partially damaged by fire, explosion, Term the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, building erected on the Premises shall be repaired with due diligence destroyed or damaged by any of the Board at its own cost perils insured against as hereinbefore stated, then and expensein every such event: (a) If the damage or destruction is such that the building erected on the Premises is rendered unfit for occupancy or it is impossible and unsafe to use and occupy, subject and if in either event the damage, in the reasonable opinion of the Lessor to be given to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and Lessee within thirty (30) days following completion. C. of the happening of such damage or destruction, cannot be repaired with reasonable diligence within one hundred and twenty (120) days from the happening of such damage or destruction, then either the Lessor or the Lessee may within five (5) days next succeeding the giving of the Lessor's opinion as aforesaid, terminate this Lease by giving to the other notice in writing of such termination, in which event this Lease and the Term shall cease and be at an end as of the date of such destruction or damage and the rent and all other payments for which Lessee is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage. In the event that neither Lessor nor Lessee shall terminate this Lease, then Lessor shall repair the building with all or a portion reasonable speed and the rent hereby reserved shall xxxxx from the date of the happening of the damage until the damage shall be made good to the extent of enabling Lessee to use and occupy the Premises. If the cumulative costs to repair and or replace exceeds the total of a twenty- four (24) month rental payment the Lessor shall have the right to provide notice to the Lessee and tenant of termination of this Lease Agreement and requires a six (6) month notice of termination of Lease Agreement. (b) If the damage be such that the building erected on the Premises are completely destroyed by fireis unfit for occupancy or if it is impossible or unsafe to use or occupy it but if in either event the damage, explosion, in the elements, public enemy or other casualty or so damaged that they are untenable and cannot reasonable opinion of the Lessor to be replaced for more than given to the Lessee within thirty (30) daysdays from the happening of such damage, can be repaired with reasonable diligence within one hundred and twenty (120) days from the Board happening of such damage, then the rent hereby reserved shall xxxxx from the date of the happening of such damage until the damage shall be under no obligation made good to repair, replace the extent of enabling the Lessee to use and reconstruct occupy the affected Premises, building and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder Lessor shall xxxxx as to the part of the Premises thus destroyed as of the time of repair the damage or destructionwith all reasonable speed. DRAFT If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire cumulative costs to repair and reconstruct or replace exceeds the affected Premises within twelve total of a twenty- four (12) months of 24)-month rental payment the destruction and pay Lessor shall have the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited right to repair or reconstruction of the affected Premises, where applicable, provide notice to the same extent Lessee and tenant of equal quality as existed at the date immediately preceding the commencement termination of this Lease. Replacement Lease Agreement and redecoration will provide a six (6) month notice of improvements constructed and/or installed by Concessionaire and replacement termination of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderLease Agreement.

Damage and Destruction. A. (a) If all the Premises or a portion the Building are damaged by fire or other insured casualty, Landlord shall give Tenant written notice of the time which will be needed to repair such damage, as determined by Landlord in its reasonable discretion, and the election (if any) which Landlord has made according to this Article 19. Such notice will be given before the sixtieth (60th) day (the “Notice Date”) after Landlord first learns of the fire or other insured casualty. (b) If the Premises or the Building are partially damaged by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenable, the same will insured casualty to an extent which may be repaired with due diligence within one (1) year after the Notice Date, as reasonably determined by Landlord, Landlord shall promptly begin to repair the Board at its own cost and expense subject damage after the Notice Date, to the limitations extent set forth hereinin subsection (f) of this Article 19, provided, however, and Landlord will diligently pursue the completion of such repair. In that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire event this Lease will continue in full force and effect except that Monthly Base Rent shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or abated on a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, pro rata basis from the time date of the damage until the time date of the affected completion of such repairs (the “Repair Period”) based on the proportion of the rentable area of the Premises are fully restored and certified by Tenant is unable to use during the Board's engineers as ready for occupancy; provided, however, that Repair Period. (c) if the Premises or the Building are damaged by fire or other insured casualty to an extent that they may not be repaired within one (1) year after the Notice Date, as reasonably determined by Landlord, then (1) Landlord may cancel this Lease as of the date of such damage is caused by written notice given to Tenant on or before the negligent act Notice Date or omission (2) Tenant may cancel this Lease as of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and date of such damage by written notice given to Landlord within thirty (30) days following completion. C. In after Landlord’s delivery of a written notice that the event that all or repairs cannot be made within such one (1) year period. If neither Landlord nor Tenant so elects to cancel this Lease, Landlord shall diligently proceed to repair the Building and Premises, to the extent set forth in subsection (f) of this Article 19, and Monthly Base Rent shall be abated on a portion pro rata basis during the Repair Period based on the proportion of the rentable area of the Premises Tenant is unable to use during the Repair Period. (d) Notwithstanding the provisions of Articles 19(a), (b), and (c), above, if the Premises or the Building are completely destroyed damaged by fireuninsured casualty, explosionor if the proceeds of insurance are insufficient to pay for the repair of any damage to the Premises or the Building, Landlord shall have the elements, public enemy option to repair such damage or cancel this Lease as of the date of such casualty by written notice to Tenant on or before the Notice Date. (e) If any such damage by fire or other casualty is the result of the willful conduct or negligence or failure to act of Tenant, its agents, contractors, employees, or invitees, there will be no abatement of Monthly Base Rent as otherwise provided for in this Article 19. (f) Notwithstanding anything contained herein to the contrary, Landlord’s obligations for repair of damage to the Premises shall exclude the Tenant’s Property (as such term is defined in Article 6.2(a) of this Lease). Tenant shall be solely responsible for the repair, replacement and restoration of Tenant’s Property and shall promptly commence such repair and diligently pursue the same to completion unless this Lease is terminated as provided in this Article 19. (g) Notwithstanding anything to the contrary contained in this Article 19, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Building, Common Areas and/or the Premises when the damage occurs during the last twenty four (24) months of the Term of this Lease or any extension thereof. If Landlord elects to not repair any damage during the last twenty four (24) months of the Lease Term, Landlord shall so damaged that they are untenable and cannotify Tenant in writing within sixty (60) days after the date of such damage, and, thereupon, Tenant may terminate this Lease upon not be replaced for more less than thirty (30) days, ’ prior written notice to Landlord. (h) Landlord and Tenant hereby waive the Board provisions of any statutes or court decisions which relate to the abatement or termination of leases when leased property is damaged or destroyed and agree that such event shall be under no obligation exclusively governed by the terms of this Lease. (i) Notwithstanding anything in this Article 19 to repairthe contrary, replace and reconstruct if the affected Premisesrepairs required to the Premises or the Building are not made within one (1) year after the Notice Date, and the Board Tenant may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as date of the time of the such damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation given to the Board within ten (10) days after the expiration of such 12-month period, Landlord at any time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairthereafter. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) If all the Leased Premises or a portion the building are damaged by fire or other insured casualty, LANDLORD will give TENANT written notice of the time which will be needed to repair such damage, as determined by LANDLORD in its reasonable discretion, and the election (if any) which LANDLORD has made according to this Article 17. Such notice will be given before the 30th day (the “notice date”) after the fire or other insured casualty. (b) If the Leased Premises or the building are partially damaged by fire, explosion, the elements, public enemy, fire or other casualtyinsured casualty to an extent which may be repaired within 120 days after the notice date, but not rendered untenableas reasonably determined by LANDLORD, LANDLORD will promptly begin to repair the same damage after the notice date and will diligently pursue the completion of such repair. In that event this LEASE will continue in full force and effect except that monthly rent will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or abated on a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, pro rata basis from the time date of the damage until the time date of the affected completion of such repairs (the “repair period”) based on the proportion of the rentable area of the Leased Premises TENANT is unable to use during the repair period. (c) If the Leased Premises or the building are fully restored damaged by fire or other insured casualty to an extent that may not be repaired within 120 days after the notice date, as reasonably determined by LANDLORD, then (1) LANDLORD may cancel this LEASE as of the date of such damage by written notice given to TENANT on or before the notice date or (2) TENANT may cancel this LEASE as of the date of such damage by written notice given to LANDLORD within 10 days after LANDLORD’s delivery of a written notice that the repairs cannot be made within such 120-day period. If neither LANDLORD nor TENANT so elects to cancel this LEASE, LANDLORD will diligently proceed to repair the building and certified by Leased Premises and monthly rent will be abated on a pro rata basis during the Board's engineers as ready for occupancy; providedrepair period based on the proportion of the rentable area of the Leased Premises TENANT is unable to use during the repair period. (d) Notwithstanding the provisions of subparagraphs (a), however(b), that and (c) above, if the damage is caused Leased Premises or the building are damaged by the negligent act or omission of Concessionaire, its, agentsuninsured casualty, or employees, if the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board proceeds of insurance are insufficient to pay for the cost and expenses incurred in repair of any damage to the Leased Premises or the building, LANDLORD will have the option to repair and within thirty (30) days following completionsuch damage or cancel this LEASE as of the date of such casualty by written notice to TENANT on or before the notice date. C. In the event that all or a portion of the Premises are completely destroyed (e) If any such damage by fire, explosion, the elements, public enemy fire or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, is the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent willful conduct or negligence or failure to act of TENANT, its agents, contractors, employees, or omission invitees, there will be no abatement of Concessionairemonthly rent as otherwise provided for in this Article 17. TENANT will have no rights to terminate this LEASE on account of any damage to the Leased Premises, rentals the building, or the project, except as set forth in this LEASE, and fees shall not xxxxx and TENANT hereby waives the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months terms of any inconsistent statute or regulation of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months State of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairCalifornia. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all a fire or a portion of other casualty in the Premises are partially damaged by fireor the Project occurs, explosion, the elements, public enemy, Tenant shall immediately give notice thereof to Landlord. The following provision shall apply to any fire or other casualty, but not rendered untenable, : (a) If the same will be repaired with due diligence by the Board at its own cost and expense subject damage is limited solely to the limitations set forth hereinPremises and the Premises can, in the reasonable opinion of Landlord, be made tenantable with all damage repaired within six (6) months from the date of damage or destruction, then Landlord shall diligently rebuild the same; provided, however, that Landlord -------- ------- shall not be obligated to expend for such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage. (b) If portions of the Project outside the boundaries of the Premises are damaged or destroyed (whether or not the Premises are also damaged or destroyed) and (i) the Premises and the Project can both, in the reasonable opinion of Landlord, be made tenantable with all damage repaired within six (6) months from the date of damage or destruction, and (ii) Landlord determines that such reconstruction is economically feasible, then Landlord shall diligently rebuild the same; provided, however, that Landlord shall not be obligated to expend for -------- ------- such repair an amount in excess of the insurance proceeds recovered or recoverable as a result of such damage and Landlord shall have no obligation to repair or restore Tenant Extra Improvements or Alterations. (c) If (i) the Premises should be damaged by any occurrence not covered by Landlord's insurance, or (ii) the Premises or the Building should be damaged to the extent that the damage cannot, in Landlord's reasonable opinion be restored within six (6) months from the date of damage, or (iii) the Building should be damaged to the extent of more than fifty percent (50%) of the cost of replacement thereof, notwithstanding that the Premises may be undamaged, or (iv) if the damage occurs during the last two (2) years of the Term (including any Extension Term), Landlord may elect either to repair or rebuild the Premises or the Building or to terminate this Lease upon giving notice in writing of such election to Tenant within sixty (60) days after the happening of the event causing the damage. (d) During any period when the Premises are rendered untenantable because of any casualty and Tenant does not occupy the Premises, Base Rent shall xxxxx proportionately until such time as the Premises are made tenantable as reasonably determined by Landlord, and no portion of the Rent so abated shall be subject to subsequent recapture; provided, however, that there shall be no such -------- -------- abatement if the damage is caused by the negligent act Tenant or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repairany Tenant Party. B. If such damages shall be so extensive as (e) The proceeds from any insurance paid by reason of damage to render all or a portion destruction of the Premises untenable, but capable of being repaired in thirty (30) daysProject or the Building or any part thereof, the Premises Building Standard Improvements or any other element, component or property insured by Landlord shall belong to and be repaired with due diligence by the Board at its own cost and expense, paid to Landlord subject to the limitations rights of any mortgagee of Landlord's interest in the Project or the beneficiary of any deed of trust that constitutes an encumbrance thereon. If this Lease is terminated by either party as set forth hereina consequence of a casualty in accordance with any of the provisions of this Section 12.1, and rentals and fees payable hereunder all proceeds of insurance required to be ------------ maintained either by Landlord or Tenant shall be reasonably abated paid to Landlord subject to the rights of any mortgagee of Landlord's interest in whole the Project or in part depending on the amount and nature beneficiary of the Premises rendered untenable, from the time any deed of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancytrust that constitutes an encumbrance thereon; provided, however, -------- -------- that if Tenant shall be paid all proceeds of insurance payable in connection with Xxxxxx's trade fixtures, furnishings, equipment and all other items of personal property of Tenant. (f) If the damage is caused by the negligent act or omission of Concessionaire, its, agentsPremises, or employeesany part thereof, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a any portion of the Premises are completely destroyed by fire, explosion, Building necessary for Tenant's use of the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and are damaged or destroyed during the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within last twelve (12) months of the destruction and pay Term, or any extension thereof, Landlord or Tenant may terminate this Lease by giving written notice thereof to the costs therefor; other party within thirty (30) days after the date of the casualty, in which case this Lease shall terminate as of the later of the date of the casualty or the Board date of Tenant's vacation of the Premises. (g) Except to the extent expressly provided in this Lease, nothing contained in this Lease shall relieve Tenant of any liability to Landlord or to Landlord's insurance carriers that Tenant may have under law or under the provisions of this Lease in connection with any damage to the Premises or the Building by fire or other casualty. (h) If Landlord rebuilds the Premises under any provision of this Article 12, Tenant shall repair and restore Building Standard Improvements at ---------- Tenant's expense so that the Premises are restored to a tenantable condition, in compliance with all Laws, and suitable for general office use consistent with a Class A office project, or, at Landlord's election, Landlord may repair and reconstruct rebuild the affected Building Standard Improvements so that the Premises within twelve (12) months are in such condition, at Tenant's sole cost and expense in accordance with Section 6.7 of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of ----------- this Lease. Replacement and redecoration So long as it does not delay completion of improvements constructed and/or installed by Concessionaire and replacement the restoration, Tenant may elect, at its expense, to update or redecorate the Premises in connection with the restoration but any changes shall be considered Alterations subject to the provisions of Concessionaire's furnitureSection 6.7 above. ----------- (i) Notwithstanding any other provision of this Section 12.1, fixtureswithin ------------ ninety (90) days after the occurrence of any casualty, equipmentLandlord shall notify Tenant as to the expected period of time needed to complete any repair or restoration. If (i) Landlord estimates that it will take more than three hundred (300) days to complete the repair or restoration after receipt of insurance proceeds, and supplies (ii) the damage or destruction renders a material portion of the Premises untenantable and Tenant ceases to occupy such portion of the Premises, then Tenant may elect to terminate this Lease by giving Landlord written notice of termination within twenty (20) days after receipt of Landlord's notice. If Tenant does not provide written notice within such time period, Tenant shall have permanently waived its right to terminate the Lease pursuant to this provision. In addition, if Landlord has not completed any restoration within three hundred sixty-five (365) days after receipt of sufficient insurance proceeds (as such period may be extended by any period of Force Majeure) and is not diligently pursuing completion of restoration then Tenant may notify Landlord in writing that Tenant wishes to terminate the responsibility, Lease. If Landlord has not completed restoration and at delivered possession of the sole cost of, Concessionaire restored Premises to Tenant within thirty (30) days after the date of such notice then this Lease shall terminate and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality no further force and effect. If Landlord completes restoration and delivers possession of the restored Premises to that originally installed hereunderTenant within thirty (30) days after the date of such notice then this Lease shall continue in full force and effect.

Damage and Destruction. A. If all 36.1 The Landlord and Tenant hereby agree that if and whenever during the Term the Building shall be destroyed or a portion of the Premises are partially damaged by fire, explosion, lightning or such other PERILS THEN and in every such event: 36.1.1 If the elements, public enemydamage or destruction to the Building renders fifty percent (50%) or more of the Building wholly unfit for occupancy or it is impossible or unsafe to use and occupy it, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion opinion of the Premises untenableLandlord's Architect, but capable of being repaired in thirty (30) days, the Premises shall to be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and given within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the such damage or destruction. If within twelve (12) months after , the time of Building is damaged or destroyed to such a material extent or the damage or destruction is of such a nature that the Premises shall not have been repaired Building must be or reconstructedshould be totally or partially demolished, subject whether to extension due to delays except force majeure eventshe reconstructed in whole or in part or not, Concessionaire the Landlord may cancel at its option, terminate this Lease as regards the affected Premises by giving written notice of cancellation to the Board Tenant notice in writing of such termination, in which event this Lease and the Term hereby demised shall cease and be at an end as of the date of such destruction or damage, and all Rent and Additional Rent payable pursuant hereto shall be apportioned and paid in full to the date of such destruction or damage. 36.1.2 If the damage or destruction is such that the Leased Premises is rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy it OR ACCESS IT, and if in either event, the damage, in the opinion of the Landlord's Architect, to be given to the Tenant within ten (10) days after of the expiration happening of such 12-month perioddamage or destruction, time being cannot be repaired with reasonable diligence within one hundred and eighty (180) days from the happening of such damage or destruction, then the essence with respect to Landlord OR TENANT may within five (5) days next succeeding the giving of the Landlord's Architect's opinion as aforesaid, terminate this Lease by giving to the OTHER notice in writing of such notice. Notwithstanding the foregoingtermination, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx in which event this Lease and the Board may, in its discretion, require Concessionaire to repair Term hereby demised shall cease and reconstruct be at an end as at the affected Premises within twelve (12) months date of such destruction or damage and the destruction Rent and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire Additional Rent payable pursuant hereto shall be responsible for immediately reimbursing apportioned and paid in full to the Board for date of such destruction or damage. If the Landlord OR TENANT does not terminate this Lease, then to the extent the Landlord receives insurance proceeds from the Landlord's insurance pursuant to Paragraph 35.1.1 (less the Landlord's costs and expenses incurred in connection therewith), the repairLandlord shall repair the Building with all reasonable speed and the Rent and Additional Rent payable pursuant hereto shall abate. D. It 36.1.3 If the damage be xxxx that the Leased Premises is understood thatwholly unfit for occupancy or if it is impossible or unsafe to use or occupy it, but if in either event the damage, in the application opinion of the foregoing subsectionsLandlord's Architect, to be given to the Tenant within ten (10) days from the happening of such damage, can be repaired with reasonable diligence within one hundred and eighty (180) days from the happening of such damage, then the Rent payable pursuant to Paragraph 4.1 hereof shall abate and the Landlord sxxxx repair the damage with all reasonable speed. 36.1.4 If, in the opinion of the Landlord's Architect, the Boarddamage to the Leased Premises can be made good, as aforesaid, within one hundred and eighty (180) days of the happening of such destruction or damage and the damage is such that the Leased Premises is capable of being partially used for the purposes for which it is hereby demised, then until such damage has been repaired, the Rent payable pursuant to Paragraph 4.1 hereof shall abate in the proportion that the xxxx of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises, and the Landlord to the extent the Landlord receives insurance proceeds from the Landlord's obligations insurance (less its costs and expenses) pursuant to Paragraph 35.1.1, shall repair the damage with all reasonable speed. 36.1.5 In the event the Landlord shall elect to repair, reconstruct or rebuild the Building of which the Leased Premises forms a part in accordance with the provisions of this Paragraph 36.1, it is acknowledged and agreed by the Tenant that the Landlord shall be limited entitled to repair or reconstruction use plans and specifications and working drawings in connection therewith other than those used in the original construction of the affected Premises, where applicable, Building. 36.1.6 The decision of the Landlord's Architect as to the same extent time within which the Building and/or the Leased Premises can or cannot be repaired, the state of tenantability of the Leased Premises and/or the Building and of equal quality as existed at to the date immediately preceding on which the commencement Landlord's work of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniturerepair is completed, fixtures, equipment, and supplies shall be final and binding on the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderparties hereto.

Damage and Destruction. A. (a) If all or a portion of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on by fire or other casualty (xxx being 50% or more damaged), either party shall have the amount option to terminate this Lease upon giving written notice to the other at any time within 30 days from the date of such damage, and nature if so terminated all rent shall cease as of the Premises rendered untenable, from the time date of the such damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire any prepaid rent shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completionrefunded. C. In the event that all or a portion of (b) If the Premises are completely destroyed damaged in whole or in part by fire, explosion, the elements, public enemy fire or other casualty and if this Lease is not terminated pursuant to clause (a) above, then Lessor shall have the option to agree, at Lessor's cost and expense, to restore the Premises to a kind and quality substantially similar to that which existed immediately prior to such damage or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board destruction. Such restoration shall be under no obligation to repair, replace commenced within a reasonable time and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to completed without unreasonable delay on the part of the Premises thus destroyed Lessor. In such case, all rent paid in advance shall be apportioned as of the time date of damage or destruction and all rent thereafter accruing shall be equitably and proportionately suspended and adjusted according to the nature and extent of the damage or destruction. If within twelve (12) months after , pending completion of restoration or repair, except that in the time of event the damage or destruction is so extensive as to make it unfeasible for Lessee to conduct Lessee's business, the rent shall be completely abated until the Premises are restored by Lessor or until Lessee resumes use and occupancy of the Premises, whichever shall first occur. Lessor shall not be liable for any inconvenience or interruption of Lessee's business occasioned by fire or other casualty. If Lessor fails to restore the Premises within one hundred twenty (120) days after occurrence of the damage, regardless of the reason for the delay (unless caused by Lessee), Lessee shall have been repaired the option (i) to extend the time for restoration, or reconstructed, subject (ii) to extension due to delays except force majeure events, Concessionaire may cancel terminate this Lease as regards the affected Premises by giving written notice to Lessor. In no event shall Lessor have any liability to Lessee on account of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairany delay. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all the Premises or the Building are completely destroyed by any cause insured against under a standard form fire and extended coverage policy of insurance, or are so damaged thereby that they are untenantable within one hundred eighty (180) days after the date of such destruction or damage, Landlord or Tenant may terminate this Lease by written notice to the other given within five (5) business days after the end of the one hundred eighty (180) day period. Within forty-five (45) days after the date of such destruction or damage, Landlord shall give written notice to Tenant as to whether or not the Premises will be rendered tenantable within one hundred eighty (180) days after the date of such destruction or damage. If this Lease is not terminated by Landlord or Tenant as set forth above, Landlord shall with due diligence render the Premises tenantable to the extent insurance proceeds are available therefor, and rent allocable to the untenantable portion of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing abated while such portion remains untenantable. If the Board for Premises or the cost Building are damaged or destroyed by any cause other than a cause insured against under Landlord's standard form fire and expenses incurred in the repair. B. If such damages shall be so extensive as to render all extended coverage policy of insurance or a portion if more than twenty-five percent (25%) of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature replacement value of the Premises rendered untenableBuilding is destroyed, from the time of the damage until the time the affected Premises are fully restored and certified then Landlord may terminate this Lease by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and written notice to Tenant given within thirty (30) days following completion. C. In after such damage or destruction, which termination shall be effective as of the event that all date of the notice. Notwithstanding anything to the contrary herein, if the Building or a portion of the Premises are completely damaged or destroyed by fire, explosion, within the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within last twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement Term of this Lease, then Landlord may terminate this Lease upon written notice to Tenant given within thirty (30) business days after the damage or destruction occurs. Replacement Tenant hereby waives the provisions of Subdivision 2 of Section 1932 of the California Civil Code and redecoration the provisions of improvements constructed and/or installed by Concessionaire and replacement Subdivision 4 of Concessionaire's furniture, fixtures, equipmentSection 1933 of the California Civil Code, and supplies shall be all successor and similar statutes and laws and agrees that this Section 12 is intended to govern damage and destruction to the responsibility, Premises and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderBuilding.

Damage and Destruction. A. 20.1 If all the Project (whether or not including the Premises) is damaged by an insured casualty (or a portion casualty for which Landlord is required to insure under the terms of this Lease) occurring more than six (6) months prior to the expiration of this Lease, Landlord shall forthwith repair same, or cause same to be repaired, to the extent that insurance proceeds are made available to Landlord therefor and provided that such repairs can, in Landlord’s reasonable opinion, be made within one hundred eighty (180) days from the date of such damage under the laws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. 20.2 If (a) the Premises or the Project is damaged by an uninsured casualty, (b) the casualty repair requires more than one hundred eighty (180) days to complete without payment of overtime or other premium, or (c) if the Premises, or the Project is damaged by a casualty as described in Article 20.1 above within the last six (6) months of this Lease including any extensions thereof which have been exercised, then Landlord shall have the option within forty-five (45) days from the date of such damage either to (1) notify Tenant of its election to continue the Lease, in which event Landlord shall thereafter repair such damage; or (2) notify the Tenant of its election to immediately terminate this Lease, in which event this Lease shall be so terminated. Landlord shall refund to Tenant any Rent previously paid for any period of time subsequent to the earlier of such termination or untenantability of the Premises less any amounts then owing from Tenant to Landlord. 20.3 Until the Premises are partially damaged by firerestored, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire Rent shall be responsible for immediately reimbursing the Board for the cost and expenses incurred abated in the repair. B. If such damages shall be so extensive as to render all or a portion of proportion that the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature area of the Premises rendered untenable, from unusable by Tenant bears to the time total area of the Premises. Except for abatement of Rent, Tenant shall have no claim against the Landlord for any damage until suffered by reason of (a) any damage to the time Premises or the affected Project, (b) the making of repairs to the Premises are fully restored and certified by or the Board's engineers as ready for occupancy; providedProject, howeveror (c) any inconvenience, that if the damage is interruption, annoyance, loss of business, or continued expense of operation caused by the negligent act such damage or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completionrepair. C. In the event that all or a portion of 20.4 Should the Premises are completely be damaged or destroyed by fire, explosion, the elements, public enemy fire or other casualty insured under a standard fire and casualty insurance policy (or so damaged that they are untenable which could be insured under a standard fire and cannot be replaced for more than thirty casualty insurance policy), Landlord shall within sixty (3060) daysdays of the date of the casualty, notify Tenant in writing of Landlord’s good faith estimate of the Board shall be under no obligation time necessary to repair, replace repair and reconstruct rebuild the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any such estimate sets forth a period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve one hundred eighty (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10180) days after or less, Landlord shall, except as otherwise provided herein this Article, repair and/or rebuild the expiration of such 12-month period, time being of the essence same with respect to the giving of such noticereasonable diligence. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations Landlord’s obligation hereunder shall be limited to the Building and Tenant Improvements originally provided by Landlord at the Commencement Date, and any alterations provided by Landlord that Landlord has not requested Tenant to remove upon expiration of the Lease Term. 20.5 Notwithstanding any contrary provision herein, Landlord shall not be required to repair any casualty damage to the property of Tenant nor shall Landlord be obligated to repair or reconstruction replace the Tenant Improvements or any alterations made by or for Tenant unless and until Tenant delivers to Landlord sufficient insurance proceeds or its own funds to pay the cost of such repair or replacement, or to repair or replace any paneling, decorations, railings, floor coverings, alterations, additions, fixtures or improvements installed on the Premises by or at the expense of Tenant. Tenant hereby waives the provisions of Section 1932, subdivision 2, and Section 1933, subdivision 4, of the affected Premises, where applicable, to the same extent and Civil Code of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipmentCalifornia, and supplies shall be the responsibilityany similar law, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing statute or re-equipping shall be of equivalent quality to that originally installed hereunderordinance now or hereafter in effect.

Damage and Destruction. A. If all or a portion of the Premises Designated Operating Areas are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises Designated Operating Areas untenable, but capable of being repaired in thirty (30) days, the Premises Designated Operating Areas shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises Designated Operating Areas rendered untenable, from the time of the damage until the time the affected Premises Designated Operating Areas are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises Designated Operating Areas are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected PremisesDesignated Operating Areas, and the Board may terminate this Lease Agreement as to the affected PremisesDesignated Operating Areas. If terminated, or during any period of non-non- tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises Designated Operating Areas thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises Designated Operating Areas shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease Agreement as regards the affected Premises Designated Operating Areas by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises Designated Operating Areas within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises Designated Operating Areas within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.twelve

Damage and Destruction. A. If all and whenever the Leased Premises or a portion any part thereof shall be damaged by fire or other cause to such an extent that the Leased Premises shall not, in the opinion of the Premises are partially damaged by fireCommission, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired capable with due diligence by of being repaired, restored or rebuilt within a period of one hundred and eighty (180) days after the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that occurrence of such damage or if the damage is caused by Commission decides that it will not rebuild the negligent act or omission of ConcessionaireLeased Premises, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in Commission may terminate this Lease upon thirty (30) daysdays notice given within forty-five (45) days after the occurrence of such damage and the Lessee shall thereupon immediately surrender the Leased Premises and this Lease to the Commission and Rent shall be apportioned to the date of such termination, unless the Leased Premises shall also have been damaged to the extent of rendering them completely unsuitable for the purpose for which they were leased in which event Rent shall be apportioned to the date of such damage. If the damage is such that the Leased Premises can be partially used by the Lessee, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees Rent payable hereunder shall be reasonably abated xxxxx in whole or in part depending on proportion to the amount nature and nature extent of the Premises rendered untenable, damage from the time of the damage occurrence thereof until the time completion of such repairs to the affected Leased Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if Commission. TI the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will Commission does not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation elect to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as aforesaid, then the Commission shall proceed with due diligence to repair the affected Premises. If terminated, or during any period Building and/or Leased Premises and upon completion of non-tenability, rentals and fees payable hereunder such repairs by the Commission the Rent shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve recommence fifteen (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (1015) days after such completion or at the expiration of such 12re-month period, time being opening of the essence with respect to the giving of such notice. Notwithstanding the foregoingLeased Premises for business, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees whichever shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairfirst occur. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If Except as hereinafter provided, if, during the Term, any of the Improvements on the Premises shall be damaged or destroyed by fire or any other casualty provided that such fire or casualty was not caused by Landlord’s gross negligence or willful misconduct, Tenant shall at Tenant’s sole cost and expense, repair or rebuild all the Improvements on the Premises or such portion thereof which was damaged, in a good and workmanlike manner using materials of first grade and quality, to the original condition of the Improvements on the Premises or such portion thereof at the time of such fire or other casualty. Notwithstanding the foregoing, however, in the event the Improvements on the Premises are partially damaged or destroyed at any time during the final three (3) lease years of the Term and if either (i) the cost to repair or replace the improvements on the Premises, as estimated by firea contractor, explosionarchitect or other construction consultant selected by Txxxxx and approved by Landlord, exceeds fifty percent (50%) of the elements, public enemyfull replacement value of all improvements located on the Premises, or (ii) such repair and replacement cannot reasonably be completed within one hundred eighty (180) days after the date of the damage or destruction, as estimated by a contractor, architect or other casualtyconstruction consultant selected by Txxxxx and approved by Lxxxxxxx, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations then Tenant may terminate this Lease upon such date as is set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as a notice given to render all or a portion of the Premises untenable, but capable of being repaired in Landlord within thirty (30) days, days after the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time date of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancyor destruction; provided, however, that if the damage is caused by the negligent act or omission date of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire termination shall be responsible for reimbursing the Board for the cost no less than five (5) and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for no more than thirty sixty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (1060) days after the expiration effectiveness of such 12-month period, time being notice and in no event shall Tenant terminate this Lease upon the occurrence of damage or destruction of the essence improvements on the Premises unless (a) it has maintained the insurance coverage in the manner required by this Lease and (b) it pays over to Landlord all insurance proceeds from such insurance coverage and the amount of any deductible or self-insurance retention amount with respect to such insurance coverage. Unless this Lease is so terminated, Tenant shall proceed with repair or rebuilding and Landlord shall make the giving net insurance proceeds of such notice. Notwithstanding the foregoing, if all insurance coverage payable with respect to such fire or other casualty available to Tenant on a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire commercially reasonable basis to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may of such repair and reconstruct the affected Premises within twelve (12) months rebuilding, and all costs of such repair or rebuilding in excess of the destruction and Concessionaire net insurance proceeds shall be responsible for immediately reimbursing paid by Tenant. During the Board for the costs and expenses incurred in the repairperiod of such repair or rebuilding, Rent shall be abated. D. It is understood that, in the application B. In no event shall Landlord be liable for any loss or damage sustained by Tenant by reason of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, any casualty to the same Premises except to the extent such loss or damage arises from the gross negligence or willful misconduct of Landlord and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture/ or its employees, fixtures, equipmentcontractors, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderagents.

Damage and Destruction. A. If all 15.01 if the Demised Premises and/or access thereto shall be partially or a portion of the Premises are partially totally damaged or destroyed by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expensethen Landlord, subject to its rights under Section 15.03 hereof, substantially shall repair the limitations damage and restore and rebuild the Demised Premises and/or access thereto as set forth herein, and rentals and fees payable hereunder shall nearly as may be reasonably abated in whole or in part depending on the amount practical to its condition and nature of the Premises rendered untenablecharacter, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminatedextent of Building Standard work, immediately prior to such damage or during any period of non-tenabilitydestruction, rentals and fees payable hereunder shall xxxxx as with reasonable diligence after notice to the part of the Premises thus destroyed as of the time it of the damage or destruction. 15.02 If the Demised Premises and/or access thereto shall be partially or totally damaged or destroyed by fire or other casualty not attributable to the fault, negligence or misuse of the Demised Premises by the Tenant, its agents or employees under the provisions of this Lease, the rents payable hereunder shall be abated to the extent that the Demised Premises shall have been rendered untenantable from the date of such damage or destruction to the date the damage shall be substantially repaired or restored or rebuilt to the same condition as required under Section 5.02 hereof for the Demised Premises to be ready for occupancy. If Should Tenant occupy a portion of the Demised Premises during the period that the repair, restoration or rebuilding is in progress and prior to the date that all of the Demised Premises are rendered tenantable, rents and the Proportionate Share allocable to such occupied portion (based upon that proportion which the area of the part so occupied bears to the Leased Floor Space) shall be payable by Tenant from the date of such occupancy to the date the Demised Premises are made tenantable. Any work to be performed by Tenant shall be performed in accordance with Article 17 hereof applicable to Tenant's Changes following completion of Landlord's work. 15.03 In case of substantial damage or destruction of the Demised Premises, Tenant may terminate this Lease by notice to Landlord, if Landlord has not completed the making of the required repairs and restored and rebuilt the Demised Premises and/or access thereto within twelve (12) months from the date of such damage or destruction, and such additional time after such date (but not to exceed six (6) months) as shall equal the time aggregate period Landlord may have been delayed in doing as by adjustment of insurance or Events of Force Majeure. In case the Building shall be so damaged by such fire or other casualty that substantial renovation, reconstruction or demolition of the damage Building shall, in Landlord's opinion, be required (whether or destruction not the Demised Premises shall not have been repaired damaged by such fire or reconstructedother casualty), subject to extension due to delays except force majeure eventsthen Landlord may, Concessionaire may cancel at its option, terminate this Lease as regards and the affected Premises Term and estate hereby granted, by giving written notice notifying Tenant in writing of cancellation to the Board such termination, within ten one hundred ninety (1090) days after the date of such damage. If at any time prior to Landlord giving Tenant the aforesaid notice of termination or commencing the repair and restoration pursuant to Section 15.01, the holder of a superior mortgage or the lessor of a superior lease or any person claiming under or through the holder of such superior mortgage or the lessor of such superior lease takes possession of the Building through the foreclosure or otherwise, such holder, lessor, or person shall have a further period of sixty (60) days from the date of so taking possession to terminate this Lease by appropriate written notice to Tenant. In the event that such a notice of termination shall be given pursuant to either of the next two (2) preceding sentences, this Lease and the Term and estate hereby granted shall expire as of the date of such termination with the same effect as if that were the date hereinbefore set for the expiration of the Term, and the Base Rent and additional rent due and to become due hereunder shall be apportioned as of such 12-month period, time being of the essence date if not earlier abated pursuant to Section 15.02. Nothing contained in this Section 15.03 shall relieve Tenant from any liability to Landlord or to its insurers in connection with respect any damage to the giving Demised Premises or the Building by fire or other casualty if Tenant shall be legally liable in such respect. 15.04 No damages, compensation or claim shall be payable by Landlord for inconvenience, loss of such notice. Notwithstanding the foregoing, if all business or a annoyance arising from any repair or restoration of any portion of the Demised Premises are completely destroyed as a result or of the negligent act Building pursuant to this Article. Landlord shall use due diligence to effect such repair or omission restoration promptly and in such manner is not unreasonably to interfere with Tenant's use and occupancy. 15.05 Landlord will not be required to carry insurance of Concessionaireany kind on Tenant's Property or on Tenant's Work, rentals Tenant's Changes or any other work in excess of Building Standard work, except to the extent that Tenant shall have notified Landlord of any such excess work pursuant to Section 16.03 hereof and fees except further to the extent that such excess work shall be insurable under Landlord's policy; and, except as provided by law or its breach of any of its obligations hereunder. Landlord shall not xxxxx and the Board may, in its discretion, require Concessionaire be obligated to repair any damage to, or restore or rebuild, Tenant's Property or such excess work or to replace the same. For purposes of this Article 15 the term casualty damage, to the extent Landlord is responsible under this Article 15, shall not be deemed to include damage caused by vandalism, unknown cause or other act not normally covered under fire and reconstruct extended coverage insurance policies applicable to office buildings in the affected Premises within twelve (12) months area in which the Building is located, if such causes are included in the repair obligations under Article 15 hereof for which Tenant is responsible to pay. 15.06 The provisions of this Article shall be considered an express agreement governing any case of damage or destruction of the destruction Demised Premises by fire or other casualty, and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months Section 227 of the destruction and Concessionaire shall be responsible Real Property Law of the State of New York, providing for immediately reimbursing the Board for the costs and expenses incurred such a contingency in the repairabsence of an express agreement, and any other law of like import, now or hereafter in force, shall have no application in such case. D. It is understood that, in the application 15.07 Notwithstanding any of the foregoing subsectionsprovisions of this Article, if Landlord or the lessor of any superior lease or the holder of any superior mortgage shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Demised premises or the Building by fire or other cause, by reason of some action or inaction on the part of Tenant or any of its employees, agents or contractors, then, without prejudice to any other remedies which may be available against Tenant, the Boardabatement of Tenant's obligations rents provided for in this Article shall not be limited effective to repair or reconstruction the extent of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderuncollected insurance proceeds.

Damage and Destruction. A. If all the Premises or a portion the building are damaged by fire or other insured casualty, Landlord will give Tenant notice of the time which will be needed to repair such damage, as determined by Landlord in its reasonable discretion, and the election which Xxxxxxxx has made according to this Section. Such notice will be given before the thirtieth (30th) day (hereinafter referred to as the “notice date”) after the fire or other insured casualty. (a) If the Premises or Property are partially damaged by fire, explosion, fire or other casualty to an extent which may be repaired within one hundred eighty (180) days after the elements, public enemy, fire or other casualty, but not rendered untenable, the same Landlord will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if repair the damage is caused by and diligently pursue the negligent act or omission completion of Concessionaire, its sublessees, agents, or employees, Concessionaire such repair. In that event this Lease will continue in full force and effect except that Rent shall be responsible for immediately reimbursing abated on a pro rata basis from the Board for date of the cost and expenses incurred in fire or other insured casualty until the repair. B. If date of the completion of such damages shall be so extensive as to render all or a portion repairs based on the rentable area of the Premises untenable, but capable the use of being repaired in thirty which Tenant is deprived during the repair period. (30b) days, If the Premises shall be repaired with due diligence or the Property are damaged by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy fire or other casualty or so damaged that they are untenable and canto an extent which may not be replaced for more than thirty repaired within one hundred eighty (30180) daysdays after the fire or other casualty, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board then (i) Landlord may terminate this Lease as of the date of such damage by written notice given to Tenant not later than the affected Premises. If terminatedthirtieth (30th) day after the fire or other casualty, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12ii) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire Tenant may cancel Terminate this Lease as regards effective with the affected Premises date of such damage by giving written notice of cancellation given to the Board Landlord within ten (10) days after Xxxxxxxx’s delivery of a notice that the expiration of repairs cannot be made within such 12-month one hundred eighty (180) day period. If neither Landlord nor Tenant so elects to terminate this Lease, time being Landlord will repair the Property and Premises, including the Landlord’s and Tenant’s Improvements, and Rent will be abated on a pro rata basis during the repair period based on the rentable area of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises the use of which Tenant is deprived during the repair period. (c) If the proceeds of insurance are completely destroyed insufficient to pay for the repair of any damage to the Premises or the Property, then Tenant shall be paid the amortized costs (determined on a straight line basis over the original term or renewal term only) for the amount of Tenant Improvements paid for by Tenant and Landlord will have the option to repair such damage or terminate this Lease as a result of the negligent act date of such casualty by written notice to Tenant not later than thirty (30) days following the fire or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairother casualty. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) If all the Premises or a portion the Building is damaged by fire or other insured casualty, Landlord will give Tenant written notice of the time which will be needed to repair such damage, as determined by Landlord in its reasonable discretion, and the election (if any) which Landlord has made according to this Article 18. Such notice will be given before the 60th day (the "notice date") after the fire or other insured casualty. (b) If the Premises are partially or the Building is damaged by fire, explosion, the elements, public enemy, fire or other casualtyinsured casualty to an extent which may be repaired within 270 days after the notice date, but not rendered untenableas reasonably determined by Landlord, Landlord will promptly begin to repair the same damage after the notice date and will diligently pursue the completion of such repair. In that event this Lease will continue in full force and effect except that Monthly Rent will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or abated on a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, pro rata basis from the time date of the damage until the time date of the affected Premises are fully restored and certified by completion of such repairs (the Board's engineers as ready for occupancy; provided, however, that if "repair period") based on the damage is caused by proportion of the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion Rentable Area of the Premises are completely destroyed Tenant is unable to use during the repair period. (c) If the Premises or the Building is damaged by fire, explosion, the elements, public enemy fire or other insured casualty or so damaged to an extent that they are untenable and canmay not be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If repaired within twelve (12) months 270 days after the time of the damage or destruction the Premises shall not have been repaired or reconstructednotice date, subject to extension due to delays except force majeure eventsas reasonably determined by Landlord, Concessionaire then (1) Landlord may cancel this Lease as regards of the affected Premises date of such damage by giving written notice given to Tenant on or before the notice date or (2) Tenant may cancel this Lease as of cancellation the date of such damage by written notice given to Landlord within such 270-day period. If neither Landlord nor Tenant so elects to cancel this Lease, Landlord will diligently proceed to repair the Building and Premises and Monthly Rent will be abated on a pro rata basis during the repair period based on the proportion of the Rentable Area of the Premises Tenant is unable to use during the repair period. (d) Notwithstanding the provisions of subparagraphs (a), (b), and (c) above, if the Premises or the Building or the Project are damaged by uninsured casualty, or if the proceeds of insurance are insufficient to pay for the repair of any damage to the Board within ten (10) days after Premises or the expiration Building or the Project, Landlord will have the option to repair such damage or cancel this Lease as of the date of such 12-month period, time being casualty by written notice to Tenant on or before the notice date. (e) If any such damage by fire or other casualty is the result of the essence with respect willful conduct or negligence or failure to act of Tenant, its agents, contractors, employees, or invitees, there will be no abatement of Monthly Rent as otherwise provided for in this Article 18. Tenant will have no rights to terminate this Lease on account of any damage to the giving Premises, the Building, or the Project, except as set forth in this Lease. (f) For purposes of such notice. Notwithstanding the foregoingthis Article 18 and subject to subsections (a) through (e) hereof, if all Landlord shall repair or a restore any portion of the alterations, additions, improvements in the Premises are completely destroyed as a result or the decorations thereto to the extent that such alterations, additions, improvements and decorations were provided by Landlord at the beginning of the negligent act or omission of Concessionaire, rentals and fees Term. Landlord shall not xxxxx and the Board may, in its discretion, require Concessionaire have no further obligations pursuant to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited this Lease to repair or reconstruction of restore any alterations, additions or improvements in the affected PremisesPremises or the decorations thereto. If Tenant desires any other or additional repairs or restoration and if Landlord consents thereto, where applicable, the same shall be done at Tenant's sole cost and expense. Tenant acknowledges that Landlord shall be entitled to the same extent and full proceeds of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of any insurance coverage, carried by Landlord for damage to alterations, additions, improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderdecorations.

Damage and Destruction. A. If all the Leased Premises or a portion the building are damaged by fire or other insured casualty, Lessor will give Lessee notice of the time which will be needed to repair such damage, as determined by Lessor in its reasonable discretion, and the election which Xxxxxx has made according to this Section. Such notice will be given before the thirtieth (30th) day (hereinafter referred to as the "notice date") after the fire or other insured casualty. (a) If the Leased Premises or Property are partially damaged by fire, explosion, fire or other casualty to an extent which may be repaired within one hundred eighty (180) days after the elements, public enemy, fire or other casualty, but Lessor will repair the damage and diligently pursue the completion of such repair. In that event this Lease will continue in full force and effect except that Rent shall be abated on a pro rata basis from the date of the fire or other insured casualty until the date of the completion of such repairs based on the rentable area of the Leased Premises the use of which Lessee is deprived during the repair period. (b) If the Leased Premises or the Property are damaged by fire or other casualty to an extent which may not rendered untenablebe repaired within one hundred eighty (180) days after the fire or other casualty, then (i) Lessor may terminate this Lease as of the same date of such damage by written notice given to Lessee not later than the thirtieth (301 ) day after the fire or other casualty, or (ii) Lessee may Terminate this Lease effective with the date of such damage by written notice given to Lessor within ten (I 0) days after Xxxxxx's delivery of a notice that the repairs cannot be made within such one hundred eighty (180) day period. If neither Lessor nor Lessee so elects to terminate this Lease, Lessor will repair the Property and Leased Premises, including the Lessor's and Xxxxxx's Improvements, and Rent will be repaired with due diligence by abated on a pro rata basis during the Board at its own cost and expense subject to repair period based on the limitations set forth herein, provided, however, that if rentable area of the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Leased Premises untenablethe use of which Lessee is deprived during the repair period. (c) If the proceeds of insurance are insufficient to pay for the repair of any damage to the Leased Premises or the Property, but capable of being repaired in thirty (30) days, the Premises then Lessee shall be repaired with due diligence by paid the Board at its own cost and expense, subject to amortized costs (determined on a straight line basis over the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on original term only) for the amount of Lessee Improvements paid for by Lessee and nature Lessor will have the option to repair such damage or terminate this Lease as of the Premises rendered untenable, from the time date of the damage until the time the affected Premises are fully restored and certified such casualty by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will written notice to Lessee not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within later than thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy fire or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repaircasualty. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. 21.1 If all or a portion of the Demised Premises are partially shall be damaged by firefire or other causes, explosionwithout default or neglect of Tenant, its servants, employees, agents, visitors, or licensees, but are not wholly untenantable, the elements, public enemy, or other casualty, but not rendered untenable, the same will damage shall be promptly repaired with due diligence by the Board Landlord at its own cost expense. In such event this Lease shall not terminate, and expense subject shall remain in full force and effect, but the rent due by Tenant shall xxxxx in proportion to the limitations set forth hereinloss of use by the Tenant of the Demised Premises while the Demised Premises are being repaired. Due allowance shall be made for delays from labor troubles, providedmaterial shortages, or any other causes, whether similar or dissimilar to the foregoing, beyond Landlord’s control. If, however, that the Demised Premises are rendered wholly untenantable by fire or other causes, and Landlord does not intend to rebuild the same, or if the damage is caused by Building of which the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages Demised Premises are a part shall be so extensive as damaged, whether the Demised Premises themselves are damaged or not, that Landlord determines to render all demolish or a portion rebuild the Building, then in any of the Premises untenablesuch events Landlord may, but capable within sixty (60) days after such damage or destruction, give Tenant notice in writing of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth hereindecision, and rentals and fees payable hereunder thereupon this Lease shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within terminate thirty (30) days following completionafter such notice is given, and Tenant shall immediately vacate the Demised Premises and surrender the same to Landlord, paying rent to the time Demised Premises were rendered wholly untenantable, or, if the Demised Premises were not rendered wholly untenantable, to the time the Demised Premises are surrendered to Landlord. If, however, within said sixty (60) days Landlord shall notify Tenant that it intends to repair or rebuild the Demised Premises, then this Lease shall not terminate but shall remain in full force and effect, and Landlord shall promptly repair and/or rebuild the Demised Premises at its expense (except that Landlord shall not be responsible for repairing or replacing Tenant’s property in the Demised Premises) and the rent the rent due by Tenant shall xxxxx in proportion to the loss of use by the Tenant of the Demised Premises while the Demised Premises are so being repaired. C. In the event that all 21.2 No damages, compensation or a claim shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Demised Premises. If terminated, or during any period Tenant hereby waives the provisions of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part Section 227 of the Premises thus destroyed as New York Real Property Law or any law of the time of the damage like impact now or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, hereafter in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repaireffect. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) Tenant will notify Landlord promptly after Txxxxx learns of any fire, casualty, damage to or defect in the Premises or Building which was caused by Tenant, its contractors, employees, licensees or invitees or for the repair of which Landlord might be responsible. If all fifty percent (50%) or a more of the rentable area of the Building is damaged or destroyed by fire or other casualty, the Landlord shall have the right to terminate this Lease, provided it gives written notice thereof to the Tenant within ninety (90) days after such damage or destruction. If (i) the above-described portion of the Building is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease, or (ii) if less than the above-described portion of the Building is so damaged or destroyed, then the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall axxxx during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject bears to the limitations set forth hereinentire Premises. In addition, provided, however, that if the damage Premises is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated damaged in whole or in part depending on during the amount and nature last twelve (12) months of the Term of this Lease, such damage is not caused by Tenant or its invitees and is not suitable, in Tenant’s reasonable opinion, for the conduct of Tenant’s business, then Tenant may terminate this Lease by giving Landlord notice within forty-five (45) days of the occurrence of such casualty. Notwithstanding anything contained herein to the contrary, Landlord will not be required to spend more for such repair and restoration than the insurance proceeds available to the Landlord as a result of the fire or other casualty. To the extent Tenant is responsible for insuring leasehold improvements, furniture, equipment or Tenant’s inventory and stock-in-trade, Tenant agrees, promptly upon notice from Landlord that Landlord is repairing the Premises rendered untenableor the Building, to file such claims and pursue such repairs to the Premises in order to rebuild the Premises, including all such leasehold improvements, furniture and equipment and to reopen Tenant’s business within 20 days after the completion of Landlord’s repairs. In the event the Landlord has not completed restoration of the premises within one hundred eighty (180) days from the time date of the damage until the time the affected Premises are fully restored and certified casualty (subject to delay due to weather conditions, shortages of labor or materials or other reasons beyond Landlord’s reasonable control, Tenant may, so long as such delay is not caused in whole or primarily by the Board's engineers as ready for occupancy; providedTenant, however, that if the damage is caused terminate this Lease by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and written notice to Landlord within thirty (30) days following completionthe expiration of such 180 day period (as extended for reasons beyond Landlords control as provided above) unless, within thirty (30) days following receipt of such notice, Landlord has substantially completed such restoration and delivered the premises to Tenant for occupancy. Notwithstanding anything to the contrary herein, in the event Tenant is responsible for the damage or destruction provided for in this Article 14, Tenant shall not have the right to terminate this Lease if Landlord is willing to rebuild and restore the Premises. C. (b) In no event will Landlord be liable for any inconvenience or annoyance to Tenant or injury to the event that all business of Tenant resulting in any way from damage cause by fire or other casualty or the repair of such damage, provided however that, to the extent Tenant remains in possession of a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, Landlord will take all reasonable steps to minimize the disruption to Tenant’s business and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration use of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result during the period of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all Provided that if during the continuation of this Lease: (a) The Building or a portion the Demised Premises are totally destroyed by fire or the elements or are partially destroyed so that they cannot be repaired with reasonable diligence within 180 days of the commencement of reconstruction, then this Lease shall, at the option of the Landlord, cease and become null and void from the date of such damage or destruction and the Tenant shall immediately surrender the Demised Premises and all interest therein to the Landlord and the Tenant shall pay rent only to the time of such surrender and in the case of destruction or partial destruction above mentioned, the Landlord may re-enter or repossess the Demised Premises discharged of this Lease and may remove all parties therefrom; (b) If the Building or Demised Premises are partially damaged destroyed by fire, explosion, fire or the elements, public enemy, or other casualty, but not rendered untenable, the same will elements and can be repaired with due reasonable diligence by within 180 days of the Board at its own cost commencement of reconstruction, and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all the Demised Premises wholly unfit for occupancy, then the rent shall not run or a portion accrue after the said injury or while the process of repairs is going on and the Landlord shall repair the same to the extent of the insurance proceeds actually received, with all reasonable speed and then the rent shall recommence immediately after the said repairs have been completed; (c) If the Building or the Demised Premises untenable, but capable of being repaired in thirty (30) days, are partially destroyed by fire or the Premises shall elements and can be repaired with due reasonable diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature within 180 days of the Premises rendered untenable, from the time commencement of the damage until the time the affected Premises are fully restored reconstruction and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is such that the Demised Premises can be partially used, then until such damage shall have been repaired, the rent shall abate in the proportion that the part of the Demised Premises renderxx xxfit for occupancy bears to the whole of the Demised Premises; (d) The Landlord shall not be liable to the Tenant for any loss or damage whatsoever caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion any of the Premises are completely destroyed perils or casualties enumerated in standard Fire, Extended Coverage, Boiler and Machinery, Multi-Peril, All-Risk or Physical Damage policies and recovered by firethe insured party from its insurers, explosion, the elements, public enemy even if such fire or other casualty or so damaged that they are untenable peril results from the negligence of the Landlord; and cannot be replaced for more than thirty (30) daysto the extent of such recovery, the Board shall be under no obligation to repair, replace Tenant releases and reconstruct waives all rights and claims against the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairLandlord. D. It is understood that, in (e) Where the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's Tenant desires indemnity for furniture, fixtures, equipmentequipment or improvements installed, and supplies or other property of the Tenant located in the Demised Premises or used by the Tenant under the terms of this Lease, the Tenant shall be responsible to insure the responsibility, same and at may not look to the sole cost of, Concessionaire and Landlord for recovery or reimbursement therefor in the event of loss or damage from any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereundercause.

Damage and Destruction. A. If all or a portion In the event any of the Premises are partially damaged by fire, explosion, the elements, public enemy, buildings or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, improvements on the Premises shall be repaired with due diligence damaged or destroyed by any insured peril, Lessor shall have the Board obligation to immediately, and at its own cost and expense, subject to repair, replace and restore said buildings and improvements damaged or destroyed to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated same condition that they were in whole or in part depending on prior to the amount and nature occurrence of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancyperil into full tenantability; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire Lessor shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month periodevent notify Lessee of its intention to repair, time replace and restore the same. Lessor waives its rights of indemnity and subrogation against Lessee, its assigns, tenants, agents or employees for any loss resulting from such insured peril, provided that if such waiver results in any identifiable increase in the Lessor’s insurance premium, the Lessee shall promptly reimburse the Lessor for the amount thereof. Lessee shall be excused from the payment of rentals during the period building or buildings are untenantable and being restored or rebuilt, and in the event of partial destruction and partial untenantability, suspension of rental shall be prorated in the essence with respect relation that tenantable space bears to untenantable space. In the giving of such notice. Notwithstanding the foregoing, if all or a portion of event the Premises are completely destroyed should become untenantable and/or the Lessee and its assigns be unable to operate its business upon the Premises, as a result of fire, tornado, or any other act of God, or war, insurrection, unavailability of fuel, exercised by the negligent act government of emergency powers or omission any other cause, not the fault of Concessionairethe Lessee, rentals Lessee shall be relieved of the payment of rental during the time as said Premises remain untenantable or that it is unable to operate its business for any of such causes and fees shall not xxxxx and upon the Board continuation of such untenantability or inability to operate its business by reason of such causes for ninety (90) consecutive days, Lessee may, at its option immediately declare in its discretion, require Concessionaire writing this Agreement terminated and thereupon Lessee's obligation to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire continue to lease under this Agreement shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repaircease. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a portion of the Premises are partially or the Facility is damaged by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenable, then Port shall repair the same will provided that funds for such repairs are appropriated by Port, in its sole discretion, for such purpose and that such repairs can be repaired with due diligence by made within two hundred ten (210) days after the Board at its own cost date of such damage (the "Repair Period"). In the event such conditions are satisfied, this Lease shall remain in full force and expense subject effect except that so long as such damage or casualty is not attributable to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of ConcessionaireTenant, its sublesseesAgents or Invitees, agents, or employees, Concessionaire Tenant shall be responsible for immediately reimbursing entitled to a proportionate reduction of Base Rent during the Board for Repair Period based upon the cost extent to which such damage and expenses incurred in the repair. B. If making of such damages shall be so extensive as to render all repairs materially interferes with Tenant's use or a portion occupancy of the Premises untenableless any insurance proceeds Tenant receives, but capable or would have received if Tenant complied with the requirements set forth in Section 16 above, which proceeds are to be applied against the payment of being repaired Rent during any Repair Period. Port shall use its commercially reasonable efforts to notify Tenant within ninety (90) days after the date of such damage whether or not such repairs can be made within the Repair Period, and Port's determination thereof shall be binding on Tenant. If such repairs cannot be made within the Repair Period, Port shall have the option to notify Tenant of: (a) Port's intention to repair such damage and diligently prosecute such repairs to completion within a reasonable period after the Repair Period, subject to appropriation of funds, in which event this Lease shall continue in full force and effect and the monthly Base Rent shall be reduced as provided herein; or (b) Port's election to terminate this Lease as of the date specified in such notice, which date shall be not less than thirty (30) daysnor more than sixty (60) days after notice is given by Port. In case of termination, the monthly Base Rent shall be reduced as provided above, and Tenant shall pay such reduced monthly Base Rent up to the date of termination. If Port elects not to appropriate funds for such repair, Port shall give written notice to Tenant within sixty (60) days after the date Port elects not to appropriate funds of its election to terminate this Lease as of the date specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after notice is given by Port. In case of termination, the monthly Base Rent shall be reduced as provided above, and Tenant shall pay such reduced monthly Base Rent up to the date of termination. If at any time during the last six (6) months of the Term of this Lease, the Premises shall be repaired with due diligence or the Facility is damaged or destroyed, then either Port or Tenant may terminate this Lease by the Board at its own cost and expense, subject giving written notice to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature other party of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and its election to do so within thirty (30) days following completion. C. In after the event that all date of the occurrence of such damage; provided, however, Tenant may terminate only if such damage or a portion destruction substantially impairs its use or occupancy of the Premises are completely destroyed by firefor the Permitted Use. The effective date of termination shall be specified in the notice of termination, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and canwhich date shall not be replaced for more than thirty (30) daysdays from the date of the notice. Notwithstanding anything to the contrary in this Lease, the Board (i) Port shall be under have no obligation to repairrepair the Premises or the Facility, replace and reconstruct the affected Premises(ii) Tenant shall not be entitled to any abatement of Rent, and (iii) Tenant shall not be entitled to terminate this Lease, in the Board event the damage or destruction is attributable to any act or omission of Tenant, its Agents, or Invitees. In no event shall Port be required to repair any damage to Tenant's Property or any paneling, decorations, railings, floor coverings, or any Improvements or other Alterations installed or made on the Premises by or at the expense of Tenant. In the event the Premises or the Facility is substantially damaged or destroyed and Port intends to rebuild for public purposes inconsistent with this Lease, Port may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving upon written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairTenant. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) If the Premises or the Building are damaged by fire or other insured casualty, Landlord will give Tenant written notice of the time which will be needed to repair such damage, as determined by Landlord in its reasonable discretion, and the election (if any) which Landlord has made according to this Article 17. Such notice will be given before the 30th day (the "notice date") after the fire or other insured casualty. (b) If all or a portion part of the Premises are partially is damaged by fire, explosion, the elements, public enemy, fire or other casualtyinsured casualty to an extent which in Landlord's reasonable opinion can be repaired within 120 days after the notice date, but not rendered untenable, Landlord will promptly begin to repair the same damage after the notice date and will diligently pursue the completion of such repair. In that event this Lease will continue in full force and effect except that Monthly Rent will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time date of the damage until the time date of the affected Premises are fully restored and certified by completion of such repairs (the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the "repair and within thirty (30) days following completionperiod"). C. In the event that (c) If all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the substantial part of the Premises thus destroyed as of the time of the damage is damaged by fire or destruction. If other insured casualty to an extent which may not be repaired within twelve (12) months 120 days after the time of the damage or destruction the Premises shall not have been repaired or reconstructednotice date, subject to extension due to delays except force majeure eventsas reasonably determined by Landlord, Concessionaire then (i) Landlord may cancel this Lease as regards of the affected Premises date of such damage by giving written notice given to Tenant on or before the notice date or (ii) Tenant may cancel this Lease as of cancellation the date of such damage by written notice given to the Board Landlord within ten (10) 10 days after Landlord's delivery of a written notice that the expiration of repairs cannot be made within such 12120-month day period. If neither Landlord nor Tenant so elects to cancel this Lease, time being of Landlord will diligently proceed to repair the essence with respect to Premises and Monthly Rent will be abated during the giving of such notice. Notwithstanding the foregoing, if repair period. (d) If all or a portion substantial part of the Building is damaged by fire or other insured casualty to such a material extent that in the reasonable opinion of Landlord the Building must be totally or partially demolished, whether or not to be reconstructed in whole or in part, Landlord may elect to terminate this Lease by written notice delivered to Tenant by the Notice Date. (e) Notwithstanding the provisions of subparagraphs (a), (b), (c) and (d) above, if the Premises or the Building are completely destroyed damaged by uninsured casualty, or if the proceeds of insurance are insufficient to pay for the repair of any damage to the Premises or the Building, Landlord will have the option to repair such damage or cancel this Lease as a of the date of such casualty by written notice to Tenant on or before the notice date. (f) If any such damage by fire or other casualty is the result of the negligent willful conduct or negligence or failure to act of Tenant, its agents, contractors, employees or omission invitees, there will be no abatement of ConcessionaireMonthly Rent as otherwise provided for in this Article 17. Tenant will have no rights to terminate this Lease on account of any damage to the Premises, rentals and fees shall not xxxxx and the Board mayBuilding, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred Project, except as set forth in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all during the term hereof the Premises shall suffer any structural failure or a portion collapse or be damaged or destroyed by any cause whatsoever, whether insured against or not, including, without limitations fire, lightning, tempest, acts of God or the Queen's enemies, riots, insurrections or other perils the following provisions shall have effect: (i) If the Premises are rendered partially unfit for occupancy by Tenant, the rent xxxxxy reserved shall abate in part onxx xx the proportion that the part of the Premises are partially damaged by fire, explosion, so rendered unfit is of the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion whole of the Premises untenableuntil the Premises have been repaired or restored; (ii) If the Premises are rendered wholly unfit for occupancy by Tenant, but the rent xxxxxy reserved shall abate until the Xxxxxses have been repaired or restored; (iii) Notwithstanding the provision of clause (i) of this section 9.01, if the Premises are not capable with reasonable diligence of being repaired in thirty or restored within ninety (3090) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature days of the Premises rendered untenable, from the time occurrence of the damage until or destruction, then either Landlord or Tenant may terminate this lease by written notice to the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission other of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and them given within thirty (30) days following completion. C. In the event that all or a portion of the date of such occurrence, and if such notice is so given this lease shall cease and become null and void effective as of and from the date of such occurrence and Tenant shall immediately surrender the Premises are completely destroyed and all its interest therein to Landlord and the rent shall be apportioned and shall be payable by fireTenant only to the date of such occurrence and Landlord may re-enter and repossess the Premises discharged of this lease, explosion, but if within the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than said period of thirty (30) daysdays neither Landlord nor Tenant shall give notice terminating this lease as aforesaid, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after then upon the expiration of such 12-month period, time being the said period of thirty (30) days Landlord shall promptly repair or restore the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of premises; (iv) If the Premises are completely destroyed as a result capable with reasonable diligence of being repaired or restored within ninety (90) days of the negligent act happening of such damage, then Landlord shall restore or omission of Concessionaire, rentals and fees shall not xxxxx and repair the Board may, in its discretion, require Concessionaire to repair and reconstruct Premises promptly within the affected Premises within twelve aforesaid ninety (1290) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.days;

Damage and Destruction. A. If all In the event that the Leased Premises shall be destroyed or a portion damaged, then: (a) if, in the opinion of Landlord, the damage or destruction is such that the Leased Premises are rendered wholly unfit for occupancy or it is impossible or unsafe to use and occupy them, and if in either event the damage, in the further reasonable opinion of Landlord (which shall be given by written notice to Tenant within sixty (60) days of the Premises are partially damaged by fire, explosion, the elements, public enemy, happening of such damage or other casualty, but destruction) cannot rendered untenable, the same will be repaired with due reasonable diligence within one hundred and twenty (120) days from the giving of such notice, either Landlord or Tenant may within five (5) days next succeeding the giving of Landlord's opinion as aforesaid, terminate this lease by the Board at its own cost and expense subject giving to the limitations set forth hereinother notice in writing of such termination, provided, however, that if in which event the Term of this lease shall cease and be at an end as of the date of such destruction or damage and the rent and all other payments for which Tenant is caused by liable under the negligent act or omission Terms of Concessionaire, its sublessees, agents, or employees, Concessionaire this lease shall be responsible apportioned and paid in full to the date of such destruction or damage. In the event that neither Landlord nor Tenant so terminates this lease, rent and all other payments for immediately reimbursing which Tenant is liable hereunder shall xxxxx from the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion date of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time happening of the damage until the time damage shall be made good to the affected Premises are fully restored extent of enabling Tenant to use and certified by occupy the Board's engineers as ready for occupancy; provided, however, that Leased Premises; (b) if the damage be such that the Leased Premises are wholly unfit for occupancy, or if it is caused impossible or unsafe to use or occupy them but if in either event the damage, in the opinion of Landlord (which shall be given to Tenant within sixty (60) days from the happening of such damage) can be repaired with reasonable diligence within one hundred and twenty (120) days of the giving of such notice, rent and all other payments for which Tenant is liable hereunder shall xxxxx from the date of the happening of the damage until the damage shall be made good to the extent of enabling Tenant to use and occupy the Leased Premises; (c) if, in the opinion of Landlord, the damage can be made good as aforesaid within one hundred and twenty (120) days of the giving of such notice, and the damage is such that the Leased Premises are capable of being partially used for the purposes for which leased, until such damage has been repaired, rent and all other payments for which Tenant is liable hereunder shall xxxxx in the proportion that the part of the Leased Premises rendered unfit for occupancy bears to the whole of the Leased Premises. In the event that the building is partially destroyed or damaged so as to affect twenty-five percent (25%) or more of the rentable area of the building containing the Leased Premises, or in the opinion of Landlord the building is rendered unsafe, and whether or not the Leased Premises are affected, and in the reasonable opinion of Landlord (which shall be given by written notice to Tenant within sixty (60) days of the happening of such destruction), cannot be repaired with reasonable diligence within one hundred and twenty (120) days of the giving of such notice, Landlord may within five (5) days next succeeding the giving of Landlord's opinion as aforesaid, terminate this lease by giving to Tenant notice in writing of such termination, in which event the Term of this lease shall cease and be at an end as of the date of such destruction or damage and the rent and all other payments for which the Tenant is liable under the Terms of this lease shall be apportioned and paid in full to the date of such destruction or damage. Nothing herein contained shall oblige Landlord to repair or reconstruct any leasehold alterations or improvements made to the Premises. On the contrary, all improvements in and to the Premises shall be the responsibility of Tenant, who shall be obliged to repair, replace and re-fixture them to a standard at least the equivalent of that which existed prior to the date of damage and destruction. For greater clarity, it is agreed by the negligent act parties that rent and all other payments for which Tenant is liable hereunder shall xxxxx as provided for in this section until the earlier of the two (2) following dates: i. the date on which the Tenant begins to use and occupy the Leased Premises to carry on its business therein after it has substantially completed its leasehold improvements to the Premises; ii. ninety (90) days after the Landlord has completed its repairs to the Property and the Premises to the extent set out herein. Despite anything contained in this lease to the contrary, and without limiting Landlord's right or omission remedies hereunder, if more than twenty-five percent (25%) of Concessionairethe leasable area of the Property is damaged or destroyed, its, agentsby reason of any cause in respect of which there are no proceeds of insurance available to Landlord despite the fact that Landlord has insured as a reasonably prudent landlord of a similar property, or employees, if the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board proceeds of insurance are insufficient to pay Landlord for the cost of rebuilding or making fit the Property by at least Two Hundred and expenses incurred Fifty Thousand Dollars ($250,000.00) in excess of the repair deductible and despite the fact that Landlord has insured as a reasonably prudent landlord of a similar property, or any part thereof, or if any mortgagee does not consent to the payment to Landlord of such proceeds for such purpose, or if the Term of the lease which remains is less than twenty-four (24) months, then Tenant agrees that Landlord may, without obligation or liability to Tenant, terminate this lease by three (3) months written notice to Tenant, and all rents shall be adjusted as of then, and Tenant shall vacate and surrender the leased premises on such termination date. Notwithstanding anything to the contrary contained in this Lease, the Landlord releases and waives any and all claims for damages against the Tenant and those for whom Tenant is in law responsible with respect to occurrences insured or to be insured by the Landlord, and for which the Landlord receives insurance proceeds (or would have received insurance proceeds had it acted as a prudent administrator), whether or not such claims arise as the result of the negligence of the Tenant or of those for whom the Tenant is in law responsible and all policies of insurance taken out by the Landlord with respect to the Property shall provide that the insured shall not have any right of subrogation against the Tenant or any of its employees, agents or contractors. Notwithstanding the foregoing, the Landlord shall not be permitted to terminate this lease as a result of a damage or destruction unless concurrently therewith, it also terminates the leases of all other tenants of the Property. Should the Landlord rebuild the Property within a period of one (1) year from the date of the damage or destruction, Tenant shall have an option for thirty (30) days following completion. C. In after being notified of Landlord's decision to rebuild to lease Premises similar to the event that all or a portion Premises for the balance of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months term after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to otherwise on the same extent terms and of equal quality conditions as existed at the date immediately preceding the commencement of contained in this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderlease.

Damage and Destruction. A. If all or a portion of In the event the Premises are partially damaged by fire, explosiona peril covered by standard policies of fire and extended coverage insurance to an extent which is fess than fifty percent (50%) of the cost of replacement of the Premises, the elementsdamage shall, public enemyexcept as hereinafter provided, promptly be repaired by Landlord, at Landlord's expense but, that in no event shall Landlord be required to repair or replace Tenant's stock-in-trade, trade fixtures, furniture, furnishings, equipment or personal property. In the event (a) the Premises arc damaged to the extent of fifty percent (50%) or more of the cost of replacement of the Premises, (b) the buildings on the Shopping Center are damaged to the extent of fifty percent (50%) or more of the cost of replacement, notwithstanding the extent of damage to the Premises, or other (c) any damage to the Premises occurs during the last one (1) year of the term of this Lease, Landlord may elect either to repair or rebuild the Premises and the buildings that are a part of the Shopping Center, as the case may be, or to terminate this Lease upon giving notice of such election in writing to Tenant within ninety (90) days after the event causing the damage. If the casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agentsrepairing, or employees, Concessionaire rebuilding shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenableuntenantable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature part, a proportionate abatement of the Premises rendered untenable, from the time of the damage Minimum Rent shall be allowed until the time date Landlord completes the affected Premises are fully restored and certified by repairs or rebuilding. If Landlord is required or elects to repair the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder Tenant shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premisesreplace its stock-in-trade, where applicabletrade fixtures, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixturesfurnishings, equipment, and supplies personal property in a manner and to at least a condition equal to that prior to its damage or destruction and the proceeds of all insurance carried by Tenant shall be held in trust by Tenant for the responsibilitypurpose of such repair and replacement. N. ASSIGNING AND SUBLETTING Tenant shall have the right to assign the lease or to sublet the whole or any part of the Demised Premises at any time provided: 1. Tenant will remain liable hereunder; 2. Tenant's assignee or sub-tenant will assume all obligations under the Lease; 3. The Demised Premises will continue to be used only for the retail sale of items enumerated in the Use clause; and 4. Tenant's successor shall have retail experience comparable to that of Tenant. Tenant is a publicly owned corporation, and at any change in ownership of its shares shall not constitute an Assignment for the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be purposes of equivalent quality to that originally installed hereunderthis Lease.

Damage and Destruction. A. If all or a any portion of the Premises are partially damaged by firecasualty but the Premises remain tenantable for the Permitted Use, explosion, then the elements, public enemy, or other casualty, but not rendered untenable, the same damage will be repaired in accordance with due diligence Section 8 (Repairs and Maintenance) above. If the Premises or any portion of it or the Building are completely destroyed by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agentsany cause, or employeesare so damaged that the Premises are untenantable, Concessionaire shall be responsible then, within forty-five (45) days after the date the destruction or damage, City will give Tenant written notice whether or not City will repair the Premises or Building so that the Premises are in a tenantable condition for immediately reimbursing Tenant’s Permitted Use (the Board for “Repairs”) within one hundred eighty (180) days after the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion date of the Premises untenable, but capable of being repaired in thirty destruction or damage. If City’s notice states that the Repairs will not be made within one hundred eighty (30180) days, days after the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time date of the damage until or destruction, then either City or Tenant may terminate this Lease by written notice given to the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and other within thirty (30) days following completion. C. In after receipt of City’s Repair notice. If neither Party terminates this Lease, then, with due diligence, City will repair the event Premises for the Permitted Use, and City will proportionally reduce the Base Rent (based upon the extent that all or a portion the damage and the Repairs materially interferes with Tenant’s Permitted Use of the Premises Premises) that would be payable between the date of the damage and the date the repairs are completely destroyed by firesubstantially completed. In addition, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for if more than thirty twenty-five percent (3025%) daysof the replacement value of the Building is destroyed, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board then City may terminate this Lease as by written notice to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of Tenant given within ninety (90) days after the damage or destruction. If within twelve (12) months after the time , which termination will be effective as of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being date of the essence with respect to the giving of such notice. Notwithstanding anything to the foregoingcontrary in this Lease, if all the Building or a portion of the Premises are completely damaged or destroyed as a result of in the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within last twelve (12) months of the Term, then either Party may terminate this Lease upon written notice to the other Party given within thirty (30) days after the damage or destruction occurs. City and pay Tenant intend that in the costs therefor; event of any damage or destruction to the Premises or the Board may repair Building that this Section 14 will govern the rights and reconstruct the affected Premises within twelve (12) months obligation of the destruction and Concessionaire shall be responsible for immediately reimbursing parties; accordingly, Tenant waives the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application provisions of Subdivision 2 of Section 1932 of the foregoing subsections, California Civil Code and the Board's obligations shall be limited to repair or reconstruction provisions of Subdivision 4 of Section 1933 of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipmentCalifornia Civil Code, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderall similar Legal Requirements.

Damage and Destruction. A. If all or a portion of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, itsits sublessees, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. a. If all or a portion the Premises are partly damaged (i.e., less than fifty percent (50%) of the Premises is untenantable as a result of such damage and less than fifty percent (50%) of Tenant's operations are partially damaged by fire, explosion, materially impaired) and Landlord does not elect to terminate the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject Lease pursuant to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty subsection (30b) daysbelow, the Premises shall be repaired as follows: (1) If the damage is caused by a risk which would be covered by a standard property/casualty insurance policy with due diligence an endorsement for extended coverage or which is actually covered by insurance maintained by Landlord, repairs shall be at the Board expense of the Landlord whether or not the damage occurred as the result of fault on the part of Tenant, its employees, agents, contractors or invitees. (2) If the damage occurred from a risk which would not be covered by insurance of the kind described in subsection (1) above and, in addition, such damage in fact was not covered by other insurance maintained by Landlord (an "Uninsured Loss"), repairs shall be at its own cost and expense, the expense of the Landlord. (3) All repairs shall be accomplished with all reasonable dispatch subject to interruptions and delays from labor disputes and matters beyond the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature control of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancyparty responsible; provided, however, that in the event the Premises cannot be repaired within 150 days from the date of casualty (subject to force majeure), Tenant shall have the right to terminate this Lease without penalty. Base Rent and Additional Rent shall be abated to the extent the Premises are untenantable subsequent to the damage and during the period of repair. In addition, if as a result of such casualty Tenant cannot use at least sixty (60%) of its manufacturing facilities in the Building, then Base Rent and Additional Rent shall abate completely unless and to the extent Tenant nevertheless continxxx xo occupy and conduct business from the Premises. b. If the insurance proceeds received by Landlord are not sufficient to pay the entire cost of repair, if the Premises are fifty percent (50%) or more destroyed or if the cause of the damage is caused not covered by the negligent act or omission insurance policy which Landlord maintains under Section 11(a), Landlord may elect either to (i) repair the damage as soon as reasonably possible, but in no event later than 150 days after the occurrence of Concessionairesuch damage, its, agentsin which case this Lease shall remain in full force and effect, or employees, (ii) terminate this Lease as of the rentals and fees will not xxxxx and Concessionaire date the damage occurred. Landlord shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and notify Tenant within thirty (30) days following completion. C. In the event that all or a portion after receipt of notice of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time occurrence of the damage or destruction. If within twelve (12) months after the time of whether Landlord elects to repair the damage or destruction terminate the Premises shall not have been repaired or reconstructedLease. If Landlord elects to terminate the Lease, subject Tenant may elect to extension due to delays except force majeure events, Concessionaire may cancel continue this Lease as regards in full force and effect, in which case Tenant shall repair the affected Premises damage to the Premises. Tenant shall pay the cost of such repairs, except that upon satisfactory completion of such repairs, Landlord shall deliver to Tenant any insurance proceeds received by giving Landlord for the damage repaired by Tenant. Tenant shall give Landlord written notice of cancellation to the Board such election within ten (10) days after receiving Landlord's termination notice. c. If the expiration Premises is destroyed or damaged and Landlord or Tenant repairs or restores the Premises pursuant to the provisions of this Section, Base Rent and Additional Rent payable during the period of such 12-month perioddamage, time being of the essence with respect repair and/or restoration shall be reduced according to the giving of such notice. Notwithstanding the foregoingdegree, if all or a portion any, to which Tenant's use of the Premises are completely destroyed is impaired. In addition, if as a result of such casualty Tenant cannot use at least sixty (60%) of its manufacturing facilities in the negligent act or omission of ConcessionaireBuilding, rentals then Base Rent and fees Additional Rent shall not xxxxx abate completely unless and to the Board mayextent Tenant nevertheless continxxx xo occupy and conduct business from the Premises. d. Notwithstanding anything to the contrary herein provided, in its discretion, require Concessionaire if (i) the damage to repair and reconstruct the affected Premises within twelve occurs during the last six (126) months of the destruction and pay the costs therefor; or the Board may Lease term, (ii) such damage will require more than thirty (30) days to repair and reconstruct (iii) the affected Premises within twelve estimated cost of repair shall exceed ten percent (1210%) months of the destruction monetary value of the portion of the Premises, either Landlord or Tenant may elect to terminate this Lease without penalty as of the date the damage occurred, regardless of the sufficiency of any insurance proceeds. The party electing to terminate this Lease shall give written notification to the other party of such election within thirty (30) days after Tenant's notice to Landlord of the occurrence of the damage. e. With respect to any deductible amount under Landlord's insurance and Concessionaire any repairs or restoration required of Landlord under this Section, the repairs or restoration to which the deductible would apply shall be at the expense of Tenant, unless the damage was the result of the fault of Landlord, its employees, agents, contractors or invitees, in which case Landlord shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application amount of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderdeductible.

Damage and Destruction. A. (a) Sublessee shall notify Sublessor in writing immediately upon the occurrence of any damage large enough to be subject to an insurance claim to the Premises. If all the Premises shall be partially damaged by fire or a any other casualty insured under Sublessor's insurance policy, Sublessor shall, upon receipt of the insurance proceeds, repair the Premises and until repair is complete the rent shall he abated proportionately as to that portion of the Premises rendered untenantable. Notwithstanding the foregoing, if: (a) the Premises by reason of such occurrence are partially damaged by fire, explosion, the elements, public enemyrendered wholly untenantable for Sublessee's purposes, or other casualty(b) the Premises should be damaged as a result of a risk which is not covered by Sublessor's insurance, but not rendered untenableor (c) the Premises or the building of which it is a part, whether the same will Premises are damaged or not, should be repaired with due diligence by the Board at its own cost and expense subject damaged to the limitations set forth hereinextent of forty percent (40%) or more of the then-monetary value, providedthen and in any such events, however, that if Sublessor may either elect to repair the damage is caused or may cancel this Sublease by the negligent act or omission notice of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and cancellation within thirty (30) days after such event and thereupon this Sublease shall expire, and Sublessee shall vacate and surrender the Premises to Sublessor within a reasonable time. Sublessee's liability for rent upon the termination of this Sublease shall cease as of the day following completion. C. Sublessor's giving notice of cancellation. In the event Sublessor elects to repair any damage, any abatement of rent shall end five (5) days after notice by Sublessor to Sublessee that all or a portion the Premises have been repaired. (b) During the last year of the Lease, if the Premises are completely is partially or totally destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premisesany cause whatsoever, and the Board may regardless of whether any insurance proceeds are available, this Sublease shall terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time date the destruction occurred, at the election of the damage or destruction. If within twelve (12) months after the time of the damage or destruction either party, and Sublessee shall assign any insurance proceeds on the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairSublessor. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a portion of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. Minor Insured Damage -------------------- In the event that all or a portion of the Premises are completely or the Building, or any portion thereof, is damaged or destroyed by fireany casualty, explosionthen Landlord shall rebuild, repair and restore the elementsdamaged portion thereof, public enemy provided that (1) the amount of insurance proceeds available to Landlord equals or other casualty or so damaged that they are untenable exceeds the cost of such rebuilding, restoration and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace (2) such rebuilding, restoration and reconstruct repair can be completed within one hundred eighty (180) days after the affected Premiseswork commences in the opinion of a registered architect or engineer appointed by Landlord, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of (3) the damage or destruction. If within destruction has occurred more than twelve (12) months before the expiration of the Term, and (4) such rebuilding, restoration, or repair is then permitted, under applicable governmental laws, rules and regulations, to be done in such a manner as to return the damaged portion thereof to substantially its condition immediately prior to the damage or destruction, including, without limitation, the same net rentable floor area. To the extent that insurance proceeds must be paid to a mortgagee or beneficiary under, or must be applied to reduce any indebtedness secured by, a mortgage or deed of trust encumbering the Premises, Building or Project, such proceeds, for the purposes of this Subsection shall be deemed not available to Landlord unless such mortgagee or beneficiary permits Landlord to use such proceeds for the rebuilding, restoration, and repair of the damaged portion thereof. Notwithstanding the foregoing, Landlord shall have no obligation to repair any damage to, or to replace any of, Tenant's personal property, furnishings, trade fixtures, equipment or other such property or effects of Tenant. B. Major or Uninsured Damage ------------------------- In the event the Premises or the Building, or any portion thereof, is damaged or destroyed by any casualty and Landlord is not obligated, under Subsection A. above, to rebuild, repair or restore the damaged portion thereof, then Landlord shall within sixty (60) days after such damage or destruction, notify Tenant of its election, at its option, to either (1) rebuild, restore and repair the damaged portions thereof, in which case Landlord's notice shall specify the time period within which Landlord estimates such repairs or restoration can be completed; or (2) terminate this Lease effective as of the date the damage or destruction the Premises shall occurred. If Landlord does not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving give Tenant written notice of cancellation to the Board within ten sixty (1060) days after the expiration damage or destruction occurs of such 12-month periodits election to rebuild or restore and repair the damaged portions thereof, time being of the essence with respect Landlord shall be deemed to the giving of such noticehave elected to terminate this Lease. Notwithstanding the foregoing, if all Landlord does not elect to terminate this Lease, Tenant may, unless the actions or a portion omissions of Tenant, its employees or agents are the cause of the Premises are completely destroyed as a result of damage, terminate this Lease if either (i) Landlord notifies Tenant that such repair or restoration cannot be completed within one hundred and eighty (180) days after the negligent act work is commenced, (ii) the damage or omission of Concessionaire, rentals and fees shall not xxxxx and destruction occurs within the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within last twelve (12) months of the destruction and pay Term, or (iii) neither party elects to terminate this Lease but Landlord fails to substantially complete all repairs within one hundred eighty (180) days after commencing the costs therefor; or same. If Tenant has the Board right to terminate the Lease in accordance with the above provisions, Tenant may repair and reconstruct so elect by written notice to Landlord which must be given within fifteen (15) days after Tenant's receipt of Landlord's notice of its election to rebuild. Upon Landlord's receipt of such notice, the affected Premises within twelve (12) months termination shall be effective as of the date the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairoccurred. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a portion (a) In the event of the total destruction of the Premises are partially damaged by fire, explosion, the elements, public enemy, fire or other casualtycasualty during the term hereof, but not rendered untenable, including any casualty attributable to any condition of the same will be repaired with due diligence by Premises which pre-exists the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act Commencement Data of this Lease Agreement or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If event of such damages shall be so extensive partial destruction thereof as to render all the Premises untenantable or a portion unfit for occupancy, therein either event, unless such damages can, in the reasonable opinion of the Premises untenableCity and the Company, but capable be repaired within one hundred eighty (180) days after the occurrence, this Lease Agreement and the term hereby created shall cease from the date of being repaired in thirty (30) days, such damage or destruction and the Company shall upon written notice from the City surrender the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, City and rentals and fees payable hereunder the Company shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from pay rent within said term only to the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the such damage or destruction. If within twelve (12) months after If, however, in the time reasonable opinion of the City and the Company, the damage or destruction as aforesaid can be repaired within one hundred eighty (180) days from the occurrence thereof, the City shall repair the Premises shall not have been repaired or reconstructedwith all reasonable speed, subject to extension due to delays except force majeure events, Concessionaire may cancel and this Lease as regards Agreement shall continue in full force and effect. (b) In the event or the partial destruction of the Premises by fire or other casualty during the term hereof, including any casualty attributable to any condition of the Premises which pre-exists the Commencement Date of this Lease Agreement, which partial destruction does not render the Premises untenantable or unfit for occupancy, the City shall repair the damage with all reasonable speed within Sixty (60) days thereafter, and this Lease Agreement shall continue in full force and effect. (c) If the City does not restore the Premises or the affected Premises portion to tenantability within the periods set forth in subsections (a) and (b) above, the Company may then terminate this Lease Agreement, retroactive to the date of casualty by giving written notice of cancellation delivered to the Board City within ten fifteen (1015) days after the expiration end of those periods. (d) All insurance money paid on account of such 12-month period, time being of the essence with respect casualty shall be paid to the giving City and used to repair or restore the damaged or destroyed property. It requested by the Company, all insurance proceeds delivered to the City pursuant to the terms of this Lease Agreement shall be held in a separate account in any bank or trust company selected by the City and acceptable to the Company. The Company shall have the right to audit the expenditure and handling of such notice. Notwithstanding the foregoing, if all proceeds. (e) The City’s obligation to repair or a portion of restore the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire pursuant to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations this Section 3.5 shall be limited to the insurance proceeds received by the City for such purpose. If the insurance money shall he insufficient to pay all coats of such repair or reconstruction restoration, the City shall not be liable for the deficiency. Any balance of the affected Premisesinsurance proceeds remaining over and above the cost of such repair or restoration shall be used to prepay or redeem the outstanding principal of the Bonds, where applicable, to in accordance with the same extent and provisions of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipmentBond Purchase Agreement, and supplies the rent payable under Section 2.3 hereof shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderadjusted downwards accordingly.

Damage and Destruction. A. 13.1. If all or a portion of the Premises are partially is damaged by fire, explosion, the elements, public enemy, fire or other casualty, but then City [or its designee] will repair the same, provided that funds for such repairs are appropriated by City’s Board of Supervisors, in its sole discretion, for such purpose and that such repairs can be made within [three hundred sixty-five (365)] days after the date of such damage (the “Repair Period”). In the event such conditions are satisfied, this Agreement will remain in full force and effect. City will use reasonable efforts to notify Tenant within ninety (90) days after the date of such damage whether or not rendered untenablesuch repairs can be made within the Repair Period, the same and City’s determination thereof will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repairbinding on Tenant. B. 13.2. If such damages shall repairs cannot be so extensive as made within the Repair Period, City will have the option to render all or notify Tenant of: (a) City’s intention to repair such damage and diligently prosecute such repairs to completion within a portion of reasonable period after the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expenseRepair Period, subject to the limitations Board of Supervisor’s appropriation of all necessary funds, in which event this Agreement will continue in full force and effect; or (b) City’s election to terminate this Agreement as set forth hereinof a date specified in such notice, and rentals and fees payable hereunder shall which date will be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more less than thirty (30) daysnor more than sixty (60) days after notice is given by City. In case of termination, Tenant will pay rent and other amounts due hereunder up to the Board shall be under date of termination. Notwithstanding anything to the contrary in this Agreement, City will have no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of repair the Premises thus destroyed as of in the time of the damage or destruction. If within twelve (12) months after the time of event the damage or destruction the Premises shall not have been repaired or reconstructed, subject is attributable to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent any act or omission of ConcessionaireTenant, rentals and fees shall not xxxxx and the Board mayits officers, agents, invitees or employees, in its discretion, require Concessionaire which event this Agreement will terminate. In no event will City be required to repair any damage to Tenant’s Personal Property. City and reconstruct Tenant intend that the affected Premises within twelve (12) months provisions of this Section govern fully in the event of any damage or destruction and accordingly, City and Tenant each hereby waives the provisions of Section 1932, subdivision 2, Section 1933, subdivision 4 and Sections 1941 and 1942, of the destruction and pay the costs therefor; Civil Code of California or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred under any similar law, statute or ordinance now or hereafter in the repaireffect. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) If all at any time during the Term the Building is damaged or a portion of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosionlightning or tempest or by other casualty (the date of such damage or destruction being called the “Damage Date”), then the following provisions shall apply: (i) if: (A) in the opinion of the Landlord’s architect or engineer (the “Landlord’s Expert”) the Building is damaged or destroyed to such a material extent or the damage or destruction is of such a nature that the Building must be or should be totally or partially demolished; (B) the damage or destruction is caused by an uninsured peril (being a peril not covered under the insurance to be maintained by the Landlord pursuant to this Lease); or (C) if any Mortgagee exercises its rights under its Mortgage to apply all or part of the insurance proceeds received, or receivable, by the Landlord on account of such damage or destruction so that there would not be sufficient insurance proceeds to pay for the estimated cost (as estimated by the Landlord) of the Landlord’s Reconstruction (as defined below), the elementsLandlord may at its option terminate this Lease by giving to the Tenant notice in writing of such termination within 60 days following the Damage Date, public enemy in which event this Lease and the Term hereby demised will cease and be at an end as of the Damage Date and the Rent will be apportioned and paid in full to the Damage Date. The Tenant will have a corresponding option to terminate if Section 8.7(a)(i)(B) is applicable, but in the case of Section 8.7(a)(i)(B), only if the peril is one not covered under the insurance to be maintained by the Tenant pursuant to this Lease; (ii) if the damage or other casualty destruction is such that the Premises are rendered wholly unfit for occupancy or so damaged that they are untenable it is impossible or unsafe to use and occupy them, and if in either event, the damage, in the opinion of the Landlord’s Expert cannot be replaced for more than thirty (30) daysrepaired with reasonable diligence within 365 days from the Damage Date, then the Board shall be under no obligation to repair, replace and reconstruct Landlord or the affected Premises, and the Board Tenant may terminate this Lease as by giving to the affected Premisesother notice in writing of such termination within 60 days following the Damage Date, in which event this Lease and the Term hereby demised will cease and be at an end as at the Damage Date and the Rent will be apportioned and paid in full to the Damage Date. If terminatedneither party terminates this Lease, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of Landlord will do the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx Landlord’s Reconstruction and the Board may, in Rent will xxxxx from the Damage Date until the earlier of: (A) 120 days following the date on which the Landlord has completed the Landlord’s Reconstruction; and (B) the date that the Tenant recommences its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred business operations in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.Building,

Damage and Destruction. A. If all either the Premises or a portion the Building containing the Premises is totally destroyed or so substantially damaged as to be untenantable by fire, lightning, earthquake, windstorm or other casualty, and cannot be repaired within one hundred twenty (120) days, this Lease may be terminated by either party upon thirty (30) days written notice to the other, and rent shall be accounted for between the Lessor and Lessee as the termination date. In the event of partial destruction or damage to the Premises, so as to render the Premises partially, but not wholly untenantable, this Lease shall not terminate but the annual rental rate shall be reduced in proportion to the area of the Premises are partially damaged which cannot be used or occupied by fireTenant as a result of such fire or other casualty. Landlord shall, explosionin the event of such partial damage or destruction, and within a reasonable time after said fire or other casualty, subject to matters beyond Landlord's control and to the elementsextent availability of insurance proceeds, public enemy, restore the Premises to as near the same structural condition as existed prior to said fire or other casualty, but not rendered untenablewithout prejudice to Tenant's responsibility therefor should the fire or other casualty have resulted from the act, the same will be repaired with due diligence by the Board at negligence, or fault of Tenant or its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublesseesrepresentatives, agents, or employees, Concessionaire shall be responsible for immediately reimbursing invitees. In the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all event of partial damage or a portion destruction of the Premises untenable(not caused by act, but capable negligence, or fault of being repaired in thirty (30Tenant or its representatives, agents or invitees) days, which renders the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature remainder of the Premises rendered untenableimpractical for use during restoration, from the time whole of the damage until rent shall abatx xxxing the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. restoration period. In the event that all of partial damage or a portion destruction of the Premises are completely destroyed by firePremises, explosion, should the elements, public enemy repairs or other casualty or so damaged that they are untenable and canrestoration not be replaced completed for more than thirty any reason within one hundred twenty (30120) daysdays from the date of said fire or casualty, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board Tenant may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving the Landlord written notice of cancellation to the Board within ten terminate not later that one hundred (10100) days after the expiration of such 12-month period, time being of fire or other casualty. In no event shall Tenant have any option to terminate nor shall rent abatx xx the essence with respect to fire or other casualty be the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act act, negligence or omission fault of ConcessionaireTenant, rentals and fees shall not xxxxx and the Board mayor its representatives, in its discretionagents, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; employees or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairinvitees. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a portion of the Subleased Premises are partially damaged or destroyed by fire, explosion, the elements, public enemy, fire or other casualty, but the Sublessee shall provide the Master Landlord and the Sublessor prompt notice thereof, and if such damage or destruction is to the extent of not rendered untenableless than 50% of the value of the improvements above foundation and such damage could not reasonably be repaired and restored within 180 days after the date of such damage or destruction, the same will be repaired with due diligence Sublessee shall have the right to terminate this Sublease provided that the Sublessee makes such election by the Board at its own cost and expense subject written notice to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and Sublessor within thirty (30) days following completion. C. In after the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time date of the damage or destruction. If within twelve (12) months after In the time event the Sublessee has elected to terminate this Sublease, then the Sublessee shall assign to the Sublessor all of the damage or destruction the Premises shall not have been repaired or reconstructed, subject Sublessee’s rights to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being all of the essence insurance proceeds (except for proceeds arising from the Sublessee’s insurance on its personal property, tenant improvements, trade fixtures, inventory and other Sublessee owned personal property) with respect to said damage, and the giving Sublessee shall have no obligation to adjust losses or restore the Subleased Premises. In the event that the Sublease is not terminated as provided above, then the Sublessee shall be responsible to cause the Subleased Premises to be repaired and restored in accordance with Sections 17(a), 17(c) and 19 of the Master Lease, provided that if the Master Landlord and/or its lender fails to make the proceeds of such noticeinsurance available for repair and restoration, then the Sublessee shall not be required to so repair and restore. Notwithstanding the foregoing, if all There shall be no abatement or a portion reduction of the Premises are completely destroyed any rent or any Monetary Obligations under this Sublease as a result of such casualty. In the negligent act or omission of Concessionaireevent the Sublease is not terminated, rentals and fees if under the Master Lease the Sublessor is permitted to hold the insurance proceeds, then such proceeds shall not xxxxx be held only by a depositary mutually agreed between the Sublessor and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairSublessee. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a portion of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or the Leased Premises are damaged as a portion result of any cause other than the perils covered by fire and extended coverage insurance, then Landlord shall forthwith repair the same, provided the extent of the destruction is less than ten percent (10%) of the then full replacement cost of the Property. In the event the destruction of the Leased Premises are completely destroyed by fireis to an extent of ten percent (10%) or more of the full replacement cost then Landlord shall have the option; (1) to repair or restore such damage, explosionthis Lease continuing in full force and effect, but the elementsMinimum Rent to be proportionately reduced as hereinabove in this Section; or (2) give notice to Tenant at any time within sixty (60) days after such damage, public enemy or other casualty or so damaged that they are untenable and cannot terminating this Lease as of the date specified in such notice, which date shall be replaced for no more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding In the foregoingevent of giving such notice, this Lease shall expire and all interest of Tenant in the Leased Premises shall terminate on the date so specified in such notice and the Minimum Rent, reduced by a proportionate reduction, based upon the extent, if all any, to which such damage interfered with the business carried on by the Tenant in the Premises, shall be paid up to date of said such termination. Notwithstanding anything to the contrary contained in this Section, Landlord shall not have any obligation whatsoever to repair, reconstruct or a portion of restore the Premises are completely destroyed as a result of when the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and damage resulting from any casualty covered under this Section occurs during the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve last six (126) months of the destruction and pay the costs therefor; term of this Lease or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire any extension thereof elected by Tenant. Landlord shall not be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited required to repair any injury or reconstruction of the affected Premises, where applicable, damage by fire or other cause to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furnitureany leasehold improvements, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be other personal property of equivalent quality to that originally installed hereunderTenant.

Damage and Destruction. A. If all or a any portion of the Premises Building are partially damaged by firecasualty but the Premises remain tenantable for the Permitted Use, explosion, then the elements, public enemy, or other casualty, but not rendered untenable, the same damage will be repaired in accordance with due diligence Section 8 [Repairs and Maintenance] above. If the Premises or any portion of it or the Building are completely destroyed by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agentsany cause, or employeesare so damaged that the Premises are untenantable, Concessionaire shall be responsible then, within forty-five (45) days after the date the destruction or damage, City will give Tenant written notice whether or not City will repair the Premises or Building so that the Premises are in a tenantable condition for immediately reimbursing Tenant’s Permitted Use (the Board for “Repairs”) within one hundred eighty (180) days after the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion date of the Premises untenable, but capable of being repaired in thirty destruction or damage. If City’s notice states that the Repairs will not be made within one hundred eighty (30180) days, days after the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time date of the damage until or destruction, then either City or Tenant may terminate this Lease by written notice given to the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and other within thirty (30) days following completion. C. In after receipt of City’s Repair notice. If neither Party terminates this Lease, then, with due diligence, City will repair the event Premises for the Permitted Use, and City will proportionally reduce the Base Rent (based upon the extent that all or a portion the damage and the Repairs materially interferes with Tenant’s Permitted Use of the Premises Premises) that would be payable between the date of the damage and the date the repairs are completely destroyed by firesubstantially completed. In addition to the foregoing, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for if more than thirty twenty-five percent (3025%) daysof the replacement value of the Building is destroyed, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board then City may terminate this Lease as by written notice to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of Tenant given within ninety (90) days after the damage or destruction. If within twelve (12) months after the time , which termination will be effective as of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being date of the essence with respect to the giving of such notice. Notwithstanding anything to the foregoingcontrary in this Lease, if all the Building or a portion of the Premises are completely damaged or destroyed as a result of in the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within last twelve (12) months of the Term, then either Party may terminate this Lease upon written notice to the other Party given within thirty (30) days after the damage or destruction occurs. City and pay Tenant intend that in the costs therefor; event of any damage or destruction to the Premises or the Board may repair Building that this Section 14 will govern the rights and reconstruct the affected Premises within twelve (12) months obligation of the destruction and Concessionaire shall be responsible for immediately reimbursing Parties; accordingly, Tenant waives the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application provisions of Subdivision 2 of Section 1932 of the foregoing subsections, California Civil Code and the Board's obligations shall be limited to repair or reconstruction provisions of Subdivision 4 of Section 1933 of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipmentCalifornia Civil Code, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderall similar Legal Requirements.

Damage and Destruction. A. (a) If all the premises or a the portion of the Premises are partially Building necessary for Tenant's occupancy should be damaged or destroyed during the term hereof by fireany casualty insurable under standard fire and extended coverage insurance policies, explosionLandlord shall (except as hereafter provided) repair or rebuild tile premises to substantially the condition in which the premises were immediately prior to such destruction. (b) Landlord's obligation tinder this paragraph shall in no event exceed the lesser of (1) with respect to the premises, the elements, public enemyscope of building standard improvements installed by Landlord in the original construction of the premises, or other casualty(2) the extent of proceeds received by Landlord or any insurance policy maintained by Landlord pursuant to paragraph 16(a) below, but unless Landlord nevertheless elects to repair or rebuild the premises. (c) The minimum rent shall be abated proportionately during any period in which, by reason of any damage or destruction not rendered untenable, the same will be repaired with due diligence occasioned by the Board at its own cost and expense subject negligence or willful misconduct of Tenant or Tenant's employees or invitees, there is a substantial interference with the operation of the business of Tenant. Such abatement shall be proportional to the limitations set forth hereinmeasure of business in the premises which Tenant may be required to discontinue. The abatement shall continue for the period commencing with such destruction or damage and ending with the completion by the Landlord of such work, providedrepair or reconstruction as Landlord is obligated to do. (d) Notwithstanding the foregoing, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agentspremises, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty Building necessary for Tenant's occupancy should be damaged or destroyed (301) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole extent of 10% or in part depending on the amount and nature more of the Premises rendered untenablethen replacement value of either, from (2) in the time last year of the damage until the time the affected Premises are fully restored term hereof, (3) by a cause or casualty other than those covered by fire and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agentsextended coverage insurance, or employees(4) to the extent that it would take, in Landlord's opinion, in excess of 90 days to complete the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by firerequisite repairs, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board then Landlord may either terminate this Lease or elect to repair or restore said damage or destruction, in which event Landlord shall repair or rebuild the same as to the affected Premisesprovided in subparagraph (a) above. If terminatedsuch damage or destruction occurs and this Lease is not so terminated by Landlord, this Lease shall remain in full force and effect. The parties hereby waive the provisions of any law that would dictate automatic termination or during any period grant either party an option to terminate in the event of non-tenability, rentals and fees payable hereunder damage or destruction. Landlord's election to terminate Landlord's obligation under this paragraph shall xxxxx as be exercised by written notice to the part of the Premises thus destroyed as of the time of Tenant given within 60 days following the damage or destruction. If within twelve (12) months after Such notice shall set forth the time effective date of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement termination of this Lease. Replacement . (e) Upon the completion of any such work of repair or restoration by Landlord, Tenant shall forthwith repair and redecoration restore all other parts of the premises including without limitation, non-building standard leasehold improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, all trade fixtures, equipment, furnishings, signs and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that other improvements originally installed hereunderby Tenant, subject to the requirements of subparagraph 11 (a) above.

Damage and Destruction. A. If The Landlord and the Tenant agree that: (a) if all or any part of the Premises is damaged by fire or other casualty and all or a portion of the Premises is rendered unusable by the Tenant (as determined by the tenant, acting reasonably and in good faith), then Rent will xxxxx, in the proportion that that part of the Premises which is rendered unusable bears to the whole of the Premises.; (b) except as provided in Subsection 11.1(c), if the Premises are partially damaged by fire, explosionfire or other casualty insured against by the Landlord or for the Landlord’s benefit, the elements, public enemy, or other casualty, but not rendered untenable, damage to the same Premises will be repaired by the Landlord at its expense except that repairs to installations, alterations, additions, partitions, improvements and fixtures made by or on behalf of the Tenant or any part thereof will be performed by the Tenant. All repairs which the Landlord is required to make under this Subsection 11.1(b) will be made with due diligence diligence, provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Board at its own cost and expense subject to Tenant as a result of any delay which may arise by reason of adjustment of insurance on the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion part of the Premises untenable, but capable Landlord or on account of being repaired in thirty labour troubles or any other cause beyond the Landlord’s control; and (30c) daysnotwithstanding the foregoing, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees Landlord will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under have no obligation to repair, replace and reconstruct or restore the affected Premises, and Premises or the Board may terminate this Lease as Building if any of the following occurs: (i) the Building is damaged by fire or other casualty to the affected Premises. If terminated, extent that it cannot reasonably be repaired or during rebuilt within 180 days after the occurrence of such damage; (ii) the holder of any period of non-tenability, rentals and fees mortgage or security agreement encumbering the Premises elects not to permit the insurance proceeds payable hereunder shall xxxxx as upon damage to the part or destruction of the Building or Premises thus destroyed as of the time of the damage to be used for such repair, reconstruction or destruction. If within twelve restoration; (12iii) months after the time of the damage or destruction is not fully covered by insurance maintained by the Premises shall Landlord or for the Landlord’s benefit; or (iv) the damage or destruction occurs during the last 24 months of the initial Term or any extension or renewal thereof. If the Landlord decides not have been repaired or reconstructedto restore the Building, subject to extension due to delays except force majeure eventsthe Landlord will, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) 90 days after the expiration happening of such 12-month periodfire or other casualty, time being of the essence with respect give to the giving Tenant a notice in writing of such decision and the Term and any extension thereof will expire forthwith and the Tenant will vacate the Premises and surrender them to the Landlord within 90 days of receiving such notice. Notwithstanding If the foregoingBuilding is damaged to the extent set out above and the Landlord does not give notice of a decision not to restore, if all or a portion the Landlord will diligently proceed to repair the Building to the extent set out in Subsection 11.1(b). Upon the termination of this Lease by the Landlord as provided in this Subsection 11.1(c), the Tenant’s liability for the Rent will cease as of the Premises are completely destroyed as a result of day following the negligent act fire or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repaircasualty. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a portion of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage Project is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty destroyed (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on part) or is damaged by fire or other casualty to such extent that the claim for loss resulting from such destruction or damage is not greater than $100,000, the Lessee will continue to pay the Rent required to be paid hereunder, and will promptly give written notice of such damage and destruction to the Trustee, the Issuer and the Lessor. The Lessor will cause the Trustee to release to the Lessee the Net Proceeds of insurance resulting from claims for such losses, and the Lessee (i) will promptly repair, rebuild or restore the property damaged or destroyed to substantially the same condition as it existed prior to the event causing such damage or destruction, with such changes, alterations and modifications (including the substitution and addition of other property) as may be desired by the Lessee and as will not impair either the value of the Project or its utility for the purpose for which it is held by the Lessor, and (ii) will apply for such purpose so much as may be necessary of any Net Proceeds of insurance resulting from claims for such losses, as well as any additional moneys of the Lessee necessary therefor. If the cost of such repairs, rebuilding and restoration are less than the amount and nature of Net Proceeds of the Premises rendered untenableinsurance referable thereto, the excess of such Net Proceeds shall be paid to the Trustee or if the Bonds are fully paid, shall be paid to the Lessor. If the Project is destroyed (in whole or in part) or is damaged by fire or other casualty to such extent that the claim for loss resulting from such destruction or damage is in excess of $100,000, the Lessee will promptly give written notice of such damage and destruction to the Trustee and the Lessor. In such event, the Lessor may terminate this Lease, provided all outstanding Bonds are redeemed. If the Lessor does not elect to terminate the Lease then the Lessee will continue to pay the Rent required to be paid hereunder. All Net Proceeds of insurance resulting from claims for such losses shall be paid to the Trustee and deposited in the Project Fund, whereupon (i) the Lessor will proceed promptly to repair, rebuild or restore the property damaged or destroyed to substantially the same condition as it existed prior to the event causing such damage or destruction, with such changes, alterations and modifications (including the substitution and addition of other property) as may be desired by the Lessee and as will not impair either the value of the Project or its utility for the purpose for which it is held by the Lessor and (ii) the Lessor will cause withdrawals to be made from the time Project Fund in the manner provided in the Loan Agreement to pay the costs of such repair, rebuilding or restoration, either on completion thereof, or as the work progresses. The balance, if any, of the damage until Net Proceeds in the time Project Fund remaining after the affected Premises payment of all of the costs of such repair, rebuilding or restoration shall be paid into the Bond Fund, or if the Bonds are fully restored and certified by the Board's engineers as ready for occupancy; providedpaid, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing paid to the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. Lessor. In the event the Net Proceeds of insurance are not sufficient to pay in full the costs of repairing, rebuilding and restoring the Project as provided in this Section, the Lessor will nonetheless complete the work thereof and will pay that all or a portion of the Premises are completely destroyed by firecosts thereof in excess of the amount of said proceeds or will pay to the Trustee for the account of the Lessor the moneys necessary to complete said work, explosion, in which case the elements, public enemy or other casualty or Lessor will proceed so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repaircomplete said work. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all (a) If, and whenever during the term hereby demised the building erected on the demised premises shall be destroyed or a portion of the Premises are partially damaged by fire, explosion, the elements, public enemylightening or tempest, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion any of the Premises untenableperils insured against as hereinbefore stated, but capable of being repaired then and in thirty every such event: (30b) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction is such that the Premises shall not have been repaired building erected on the demised premises is rendered wholly unfit for occupancy or reconstructedit is impossible and unsafe to use and occupy, subject and if in either event the damage, in the opinion of the Lessor's Architect or other independent qualified agent to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation be given to the Board Lessee in writing within ten (10) days after of the expiration happening of such 12-month perioddamage or destruction, time being cannot be repaired with reasonable diligence within One Hundred and Twenty (120) days from the happening of such damage or destruction, then either the essence Lessor or the Lessee may, with respect to five (5) days next succeeding the giving of the Lessor's opinion as aforesaid, terminate this Lease by giving to the other notice in writing of such noticetermination, in which event this Lease and the term hereby demised shall cease and be at an end as of the date of such destruction or damage and the Rent and all other payments for which Lessee is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage. Notwithstanding In the foregoingevent that neither Lessor nor Lessee shall terminate this Lease, then Lessor shall repair the said building with all reasonable speed and the Rent hereby reserved shall xxxxx from the date of happening of the damage until the damage shall be made good to the extent of enabling Lessee to use and occupy the demised premises. (c) If the damage be such that the building erected on the demised premises is wholly unfit for occupancy or if it is impossible or unsafe to use or occupy it, but if in either event the damage, in the opinion of the Lessor's Architect or other independent qualified agent to be given to the Lessee in writing within ten (10) days from the happening of such damage, can be repaired with reasonable diligence within One Hundred and Twenty (120) days from the happening of such damage, then the Rent hereby reserved shall xxxxx from the date of the happening of such damage until the damage shall be made good to the extent of enabling the Lessee to use and occupy the said building and the Lessor shall repair the damage with all reasonable speed. (d) If, in the opinion of the Lessor, after notice of the damage, damage can be made good as aforesaid within 120 days of the happening of such destruction or damage and the damage is such that a portion of the Premises are completely destroyed as a result building upon the demised premises is capable of being partially used for the purposes for which it is hereby demised, then until such damage has been repaired, the Rent shall xxxxx in the proportion that the part of the negligent act or omission portion of Concessionaire, rentals and fees shall not xxxxx the building demised is rendered unfit for occupancy bears to the whole of the said building and the Board mayLandlord shall repair the damage with all reasonable speed. (e) PROVIDED it is hereby expressly agreed that if and whenever during the term hereby demised, the building of which the demised premises forms a part shall be destroyed or damaged so as to render the premises wholly unfit for occupancy by any cause not referred to hereinbefore in its discretion, require Concessionaire to repair this Lease in the term hereby demised shall cease and reconstruct the affected Premises within twelve (12) months be at an end as of the date of such destruction or damage and pay the costs therefor; or Rent and all other payments for which the Board may repair and reconstruct Lessee is liable under the affected Premises within twelve (12) months terms of the destruction and Concessionaire this Lease shall be responsible for immediately reimbursing the Board for the costs apportioned and expenses incurred paid in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, full to the same extent and date of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing destruction or re-equipping shall be of equivalent quality to that originally installed hereunderdamage.

Damage and Destruction. A. If all or a any portion of the Premises are partially is damaged by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenable, City shall have no obligation to repair the same will be repaired Premises. City shall provide Licensee with due diligence by a copy of the Board at its own cost and expense subject notice City receives from Prologis of Prologis’ estimated time to restore such damage (the limitations set forth herein, provided, however, that if "Prologis Repair Notice") within ten (10) days of City’s receipt of the Prologis Repair Notice. If the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being not repaired in within thirty (30) days, or the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be damage reasonably abated in whole or in part depending on the amount and nature prevents Licensee from using a portion of the Premises rendered untenablein excess of 250 square feet, from the time Licensee shall be entitled to a proportionate reduction of the damage Base Fee until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by repaired. If the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred restoration time set forth in the repair and Prologis Repair Notice (the "Repair Period") is estimated to exceed two hundred ten (210) days, City shall have the right to terminate this License by delivering written notice of such termination to Licensee within thirty (30) days following completion. C. In the event that all or a portion of City’s delivery of the Premises are completely destroyed by firePrologis Repair Notice to Licensee, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board in which event this License shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destructiondate specified in such termination notice. If within twelve (12) months after at any time during the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within last twelve (12) months of the destruction and pay the costs therefor; Term of this License all or the Board may repair and reconstruct the affected Premises within twelve (12) months any portion of the Premises is damaged or destroyed, then Licensee may terminate this License by giving written notice to City of its election to do so within thirty (30) days after the date of the occurrence of such damage; provided, however, Licensee may terminate only if such damage or destruction and Concessionaire substantially impairs its use or occupancy of the Premises for general office purposes. The effective date of termination shall be responsible for immediately reimbursing the Board for the costs and expenses incurred specified in the repair. D. It is understood thatnotice of termination, in which date shall not be more than thirty (30) days from the application date of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereundernotice.

Damage and Destruction. A. (a) If all or a the premises of the portion of the Premises are partially Building necessary for Tenant's occupancy should be damaged or destroyed during the term hereof by fireany casualty insurance under standard fire and extended coverage insurance policies, explosionLandlord shall (except as hereafter provided) repair or rebuild the premises to substantially the condition in which the premises were immediately prior to such destruction. (b) Landlord's obligation under this paragraph shall in no event exceed the lesser of (1) with respect to the premises, the elements, public enemyscope of building standard improvements installed by Landlord in the original construction of the premises, or other casualty(2) the extent of proceeds received by Landlord of any insurance policy maintained by Landlord pursuant to paragraph 16(b) below, but unless Landlord nevertheless elects to repair or rebuild the premises. (c) The minimum rent shall be abated proportionately during any period in which, by reason of any damage or destruction not rendered untenable, the same will be repaired with due diligence occasioned by the Board at its own cost and expense subject negligence or willful misconduct of Tenant or Tenant's employees or invitees, there is a substantial interference with the operation of the business of Tenant. Such abatement shall be proportional to the limitations set forth hereinmeasure of business in the premises which Tenant may be required to discontinue. The abatement shall continue for the period commencing with such destruction or damage and ending with the completion by Landlord of such work, providedrepair or reconstruction as Landlord is obligated to do. (d) Notwithstanding the foregoing, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agentspremises, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenableBuilding necessary for Tenant's occupancy should be damaged or destroyed (1) to the extent of 10% or more of the then replacement value of either, but capable (2) in the last 3 years of being repaired the term hereof, (3) by a cause of casualty other than those covered by fire and extended coverage insurance, or (4) to the extent that it would take, in thirty Xxxxxxxx's opinion, in excess of ninety (3090) daysdays to complete the requisite repairs, then Landlord may either terminate this Lease or elect to repair or restore said damage or destruction, in which event Landlord shall repair or rebuild the Premises same as provided in subparagraph (a) above. If such damage or destruction occurs and this Lease is not so terminated by Landlord, this Lease shall remain in full force and effect The parties hereby waive the provisions of any law that would dictate automatic termination or grant either party an option to terminate in the event of damage or destruction. Xxxxxxxx's election to terminate Xxxxxxxx's obligation under this paragraph shall be repaired with due diligence exercised by the Board at its own cost and expense, subject written notice to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and Tenant given within thirty sixty (3060) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after Such notice shall set forth the time effective date of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement termination of this Lease. Replacement . (e) Upon the completion of any such work of repair or restoration by Landlord, Tenant shall forthwith repair and redecoration restore all other parts of the premises including without limitation, non-building standard leasehold improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, all trade fixtures, equipment, furnishings, signs and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that other improvements originally installed hereunderby Tenant, subject to the requirements of paragraph 11(a) above. (f) Xxxxxx agrees during any period of reconstruction or repair of the premises to continue the operation of its business in the leased premises to the extent reasonably practicable from the standpoint of good business.

Damage and Destruction. A. If all the Leased Space or a portion of the Premises Building are partially damaged by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenable, Landlord will give Tenant notice HEALTHDRIVE LEASE 09/20/96 21 of the same time which will be needed to repair such damage, as determined by Landlord in its sole discretion, and the election (if any) which Landlord has made according to this Paragraph 15. Such notice will be given as soon as reasonably possible, but in any event before the thirtieth (30th) day (the "Notice Date") after the fire or other casualty. A. If the Leased Space or the Building are damaged by fire or other insured casualty to an extent which may be repaired with due diligence within ninety (90) days after the commencement of repair, as determined by Landlord, Landlord will repair the Board damage within ninety (90) days after the Notice Date. In that event this Lease will continue in full force and effect except that all Rent will be abated on a pro rata basis from the date of the fire or other insured casualty until the date of the completion of such repairs (the "Repair Period") based on the rentable area of the Leased Space of whose use the Tenant is deprived during the Repair Period. In the event that repairs are not substantially completed within the aforesaid ninety (90) day period, Tenant may cancel this Lease at its own cost and expense subject the expiration of said ninety (90) day period by written notice to the limitations set forth herein, providedLandlord, however, that if Landlord shall have five (5) business days after receipt of the damage is caused by notice to complete the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repairrepairs to Tenant's reasonable satisfaction. B. If such damages shall be so extensive as the Leased Space or the Building are damaged by fire or other insured casualty to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall an extent which may not be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty ninety (3090) days following completion. C. In after the event that all or a portion commencement of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premisesas determined by Landlord, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve then (12i) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire Landlord may cancel this Lease as regards of the affected Premises date of such damage by giving written notice given to Tenant on or before the Notice Date, or (ii) Tenant may cancel this Lease as of cancellation the date of such damage by written notice given to the Board Landlord within ten (10) days after Landlord's delivery of a notice that the expiration repairs cannot be made within such ninety (90) day period. Upon the termination of this Lease pursuant to the terms of this Paragraph 15.B., Tenant's liability for Rent shall cease as of the date of the casualty. If neither Landlord nor Tenant so elects to cancel this Lease, Landlord will repair the Building and Leased Space and Rent will be abated on a pro rata basis during the entire Repair Period based on the rentable area of the Leased Space of whose use Tenant is deprived during the Repair Period. C. If the Leased Space or the Building are damaged by an uninsured casualty, Landlord will have the option to repair such damage according to the provisions and subject to the rights of Tenant contained in subparagraph A and B above, as applicable, or cancel this Lease as of the date of such 12-month period, time being of casualty by written notice to Tenant on or before the essence with respect to Notice Date. If any such damage by fire or other casualty is the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent willful conduct or negligence or failure to act of Tenant, its agents, contractors, employees or omission invitees, there will be no abatement of Concessionaire, rentals and fees shall not xxxxx and the Board may, Rent as otherwise provided for in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairthis Paragraph 15. D. It is understood thatLandlord will not be obligated to repair any improvements in excess of those installed by Landlord in connection with initial occupancy of the Leased Space by Tenant, but will be obligated to repair any improvements made by Tenant to the Leased Space to which the Landlord has consented, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipmentwhich Landlord has an insurable interest, and supplies shall be the responsibility, which have been added to Landlord's fire and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderextended coverage insurance policy.

Damage and Destruction. A. (a) If no User Agreement Default shall have occurred and be continuing and the Letter of Credit is in effect and the Credit Obligor has not dishonored any draws thereunder and there has not been instituted insolvency proceedings with respect to the Credit Obligor, then all Net Proceeds of insurance resulting from claims for losses in respect of damage to or a portion destruction of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty Project (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on part) shall be applied as provided in the amount Credit Obligor Mortgage. (b) If no User Agreement Default shall have occurred and nature be continuing and the Letter of Credit is not in effect, or if the Credit Obligor has dishonored any draw thereunder or if there has been instituted insolvency proceedings with respect to the Credit Obligor, then the following provisions shall apply in event of damage to or destruction of the Premises rendered untenableProject (in whole or in part): (1) If the Project is destroyed (in whole or in part) or is damaged the User shall continue to make Rental Payments and will promptly give written notice of such damage and destruction to the Trustee and the Issuer. All Net Proceeds of insurance resulting from claims for such losses shall be paid to the Trustee and deposited in the Construction Fund, whereupon (i) the User, or the Issuer at the User's direction, shall proceed promptly to repair, rebuild or restore the property damaged or destroyed to substantially the same condition in which it existed prior to the event causing such damage or destruction, with such changes, alterations and modifications (including the substitution and addition of other property) as may be desired by the User and as will not impair the operating unity or productive capacity of the Project or its character as a "project" under the Enabling Law, and (2) the Issuer shall cause withdrawals to be made from the time Construction Fund to pay the costs of such repair, rebuilding or restoration, either on completion thereof or as the work progresses. The balance (if any) of Net Proceeds remaining after the payment of all of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; providedcosts of such repair, however, that if the damage is caused by the negligent act rebuilding or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire restoration shall be responsible for reimbursing applied to the Board for redemption of Bonds in accordance with the cost provisions thereof and expenses incurred in of the repair and within thirty (30) days following completionIndenture, or, if none of the Bonds are then Outstanding, shall be paid to the User. C. (2) In the event the Net Proceeds are not sufficient to pay in full the costs of repairing, rebuilding and restoring the Project as provided in this Section, the User shall nonetheless complete the work thereof and shall pay that all or a portion of the Premises are completely destroyed by fire, explosion, costs thereof in excess of the elements, public enemy amount of said proceeds or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as pay to the affected PremisesTrustee for the account of the Issuer the moneys necessary to complete said work. If terminated, The User shall not by reason of the payment of such excess costs (whether by direct payment thereof or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as payment to the part Trustee therefor) be entitled to any reimbursement from the Issuer or any abatement or diminution of the Premises thus destroyed Rental Payments hereunder. (3) Anything in this Section to the contrary notwithstanding, if, as a result of the time of the damage or destruction. If within twelve (12) months after the time of the such damage or destruction the Premises User is entitled to exercise an option to purchase the Project and duly does so in accordance with the applicable provisions of Section 11.03 hereof, then neither the User nor the Issuer shall not have been repaired be required to repair, rebuild or reconstructedrestore the property damaged or destroyed, subject and so much (which may be all) of any Net Proceeds referable to extension due such damage or destruction as shall be necessary to delays except force majeure events, Concessionaire may cancel this Lease as regards provide for full payment of the affected Premises by giving written notice of cancellation Indenture Indebtedness shall be paid to the Board within ten Trustee and the excess thereafter remaining (10if any) days after shall be paid to the expiration User. (c) If a User Agreement Default has occurred and is continuing, and the Letter of such 12-month period, time being of Credit is not in effect or the essence Credit Obligor has dishonored any draw thereunder or there has been instituted insolvency proceedings with respect to the giving Credit Obligor, then all Net Proceeds of such notice. Notwithstanding the foregoing, if all insurance resulting from claims for losses in respect to damage to or a portion destruction of the Premises are completely destroyed as a result Project (in whole or in part) shall be applied to the redemption of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and Bonds in accordance with the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairterms thereof. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. 22.1 If all the premises or a portion the building are damaged by fire or other insured casualty, Landlord will give Tenant written notice of the Premises time which will be needed to repair such damage, as determined by Landlord in its reasonable discretion, and the election (if any) which Landlord has made according to this Article 22. Such notice will be given before the 10th day (the "notice date") after the fire or other insured casualty. 22.2 If the premises or the building are partially damaged by fire, explosion, the elements, public enemy, fire or other casualtyinsured casualty to an extent which may be repaired within 30 days after the notice date, but not rendered untenableas reasonably determined by Landlord, Landlord will promptly begin to repair the same damage after the notice date and will diligently pursue the completion of such repair. In that event this lease will continue in full force and effect except that monthly rent will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or abated on a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, pro rata basis from the time date of the damage until the time date of the affected Premises completion of such repairs (the "repair period") based on the proportion of the rentable area of the premises Tenant is unable to use during the repair period. 22.3 If the premises or the building are fully restored damaged by fire or other insured casualty to an extent that may not be repaired within 30 days after the notice date, as reasonably determined by Landlord, then (1) Landlord may cancel this lease as of the date of such damage by written notice given to Tenant on or before the notice date or (2) Tenant may cancel this lease as of the date of such damage by written notice given to Landlord within 30 days after the notice date. If neither Landlord nor Tenant so elects to cancel this lease, Landlord will diligently proceed to repair the building and certified by premises and monthly rent will be abated on a pro rata basis during the Board's engineers as ready for occupancy; providedrepair period based on the proportion of the rentable area of the premises Tenant is unable to use during the repair period. 22.4 Notwithstanding the provisions of Subparagraphs 22.1, however22.2, that and 22.3 above, if the damage is caused premises or the building are damaged by the negligent act or omission of Concessionaire, its, agentsuninsured casualty, or employees, if the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board proceeds of insurance are insufficient to pay for the cost and expenses incurred in repair of any damage to the premises or the building, Landlord will have the option to repair and within thirty (30) days following completionsuch damage or cancel this lease as of the date of such casualty by written notice to Tenant on or before the notice date. C. In the event that all or a portion of the Premises are completely destroyed 22.5 If any such damage by fire, explosion, the elements, public enemy fire or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, is the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act willful conduct or omission gross negligence of ConcessionaireTenant, rentals and fees shall not xxxxx and its agents, contractors, employees or invitees, there will be no abatement of monthly rent as otherwise provided for in this Article 22. Tenant will have no rights to terminate this lease on account of any damage to the Board maypremises, in its discretionthe building, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred project, except as set forth in the repairthis lease. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) If all the Premises or a portion the Building are damaged by fire or other insured casualty, Landlord shall give Tenant written notice of the time which will be needed to repair such damage, as determined by Landlord in its reasonable discretion, and the election (if any) which Landlord has made according to this Article 19. Such notice will be given before the thirtieth (30th) day (the "notice date") after the fire or other insured casualty. (b) If the Premises or the Building are partially damaged by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenable, the same will insured casualty to an extent which may be repaired with due diligence within 180 days after the notice date, as reasonably determined by the Board at its own cost and expense subject Landlord, Landlord shall promptly begin to the limitations set forth herein, provided, however, that if repair the damage is caused by after the negligent act or omission notice date and will diligently pursue the completion of Concessionaire, its sublessees, agents, or employees, Concessionaire such repair. In that event this Lease will continue in full force and effect except that Monthly Rent shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or abated on a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, pro rata basis from the time date of the damage until the time date of the affected Premises are fully restored and certified by completion of such repairs (the Board's engineers as ready for occupancy; provided, however, that if "repair period") based on the damage is caused by proportion of the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion rentable area of the Premises Tenant is unable to use during the repair period. (c) If the Premises or the Building are completely destroyed damaged by fire, explosion, the elements, public enemy fire or other insured casualty or so damaged to an extent that they are untenable and canmay not be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If repaired within twelve (12) months 180 days after the time of the damage or destruction the Premises shall not have been repaired or reconstructednotice date, subject to extension due to delays except force majeure eventsas reasonably determined by Landlord, Concessionaire then (1) Landlord may cancel this Lease as regards of the affected Premises date of such damage by giving written notice given to Tenant on or before the notice date or (2) Tenant may cancel this Lease as of cancellation the date of such damage by written notice given to the Board Landlord within ten (10) 30 days after Landlord's delivery of a written notice that the expiration of repairs cannot be made within such 12180-month day period. If neither Landlord nor Tenant so elects to cancel this Lease, time being Landlord shall diligently proceed to repair the Building and Premises and Monthly Rent shall be abated on a pro rata basis during the repair period based on the proportion of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion rentable area of the Premises Tenant is unable to use during the repair period. (d) Notwithstanding the provisions of Article 19(a), (b), and (c) above, if the Premises or the Building are completely destroyed damaged by uninsured casualty, or if the proceeds of insurance are insufficient to pay for the repair of any damage to the Premises or the Building, Landlord shall have the option to repair such damage or cancel this Lease as a of the date of such casualty by written notice to Tenant on or before the notice date. However, nothing in this clause (d) will waive or diminish Tenant's remedies for Landlord's failure to maintain the property insurance that Landlord is required to maintain under Article 6.1(a). (e) If any such damage by fire or other casualty is the result of the negligent willful conduct or negligence or failure to act of Tenant, its agents, contractors, employees, or omission invitees, there will be no abatement of ConcessionaireMonthly Rent as otherwise provided for in this Article 19. Tenant shall have no rights to terminate this Lease on account of any damage to the Premises, rentals and fees shall not xxxxx and the Board mayBuilding, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred Project except as specifically set forth herein, Tenant hereby waiving any such right which exists at law or in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, equity to the same extent and Tenant is not in violation of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderlaws.

Damage and Destruction. A. Section 15.01. If all or a portion of the Premises are partially damaged by fire, explosionearthquake, act of God or the elements, public enemyLandlord shall forthwith repair the same, subject to the provisions of this Section hereinafter set forth and provided such repairs can be made within four (4) months under applicable state, federal and city and county laws and regulations. This Lease shall remain in full force and effect, except that if there shall be damage to the Premises and such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees or invitees, a proportionate reduction in Rent shall be allowed Tenant for such part of the Premises as shall be rendered unusable by Tenant in the conduct of its business during the time such part is so unusable. If such repairs cannot be made within four (4) months, Tenant may, upon written notice to the Landlord within thirty (30) days after the date of such fire or other casualty, but not rendered untenable, terminate this Lease as of the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act date of such fire or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire other casualty. The Landlord shall be responsible for immediately reimbursing required to notify the Board for Tenant within fifteen (15) days of such casualty of whether the cost and expenses incurred in repairs can be completed within said four (4) month period. Notwithstanding the repair. B. If such damages shall be so extensive as foregoing, Tenant may elect to render all or a portion of the Premises untenable, but capable of being repaired in terminate this Leae by written notice to Landlord within thirty (30) daysdays of such fire or other casualty if, as a result therof, at least twenty-five percent (25%) of the floor space in the Premises shall be repaired with due diligence by the Board at has been damaged and Tenant reasonably determines that it cannot carry on its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated business in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancyintended thereby; provided, however, that Tenant may not terminate this Lease in such event if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and Landlord provides reasonable written assurance to Tenant within thirty fifteen (3015) days following completion. C. In of such fire or other casualty that it can restore the Premises to substantially the same condition they were in prior to the fire or other casualty and the Premises are in fact so restored no later then (i) four (4) months from the date of the fire or other casualty and (ii) six (6) months prior to the expiration of the current Lease term. IN the event that all or a portion of the Premises are completely destroyed by fireTenant terminates this Lease under this section, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board Tenant shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as entitled to the affected Premises. If terminated, or during return of any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve Rent (12including Additional Rent) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises paid by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence Tenant with respect to the giving period of the Lease term following the fire or other casualty. Section 15.02. Landlord shall not be required to repair any injury or damage by fire, earthquake, act of God or the elements, or to make any repairs or replacements, of any Property, fixtures or equipment of Tenant or of any improvements installed in the Premises by Tenant, except for the portion of such notice. Notwithstanding improvements the foregoingcost of which was borne by Landlord; and Tenant shall, if all or a at Tenant's sole cost and expense, repair and restore its portion of such improvements. Section 15.03. In the event the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair Building is totally destroyed or rendered wholly unusable for Tenant's Permitted Use, this Lease shall terminate and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire Tenant shall only be responsible liable for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, Rent up to the same extent and date of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereundertotal destruction.

Damage and Destruction. A. 22.1. If all the Premises or a portion the Project is damaged by an insured casualty occurring more than six (6) months prior to the expiration of the term hereof, Landlord shall forthwith repair same, or cause same to be repaired, to the extent that insurance proceeds are made available to Landlord therefor and provided that such repairs can, in Landlord's reasonable opinion, be made within ninety (90) days from the date of such damage (without payment of overtime or other premiums) under the laws and regulations of the federal, state and local governmental authorities having jurisdiction thereof. 22.2. If the Premises are partially or the Project is damaged by firean uninsured casualty which shall cost less than $100,000 to repair, explosion, Landlord shall repair such damage as soon as is reasonably possible. If the elements, public enemyPremises or the Project is damaged by an insured casualty which shall cost more than $100,000 to repair, or if with respect to an uninsured casualty and the repairs shall require more than ninety (90) days to complete without payment of overtime or other premium or if the Premises or the Project is damaged by casualty within the last six (6) months of the term and cost in excess of $100,000 to repair, Landlord shall have the option within forty-five (45) days from the date of such damage either to (i) notify Tenant of Landlord's election to repair such damage, in which event Landlord shall thereafter repair same, or (ii) notify Tenant of Landlord's election to immediately terminate this Lease, in which event this Lease shall be so terminated. Landlord shall refund to Tenant any rent previously paid for any period of time subsequent to such termination. Notwithstanding any contrary provision herein, and regardless of whether caused by casualty, but (a) Landlord shall not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject required to repair any damage to the limitations set forth hereinproperty of Tenant or to repair or replace any paneling, provideddecorations, howeverrailings, that if floor coverings, alterations, additions, fixtures or improvements installed on the Premises by or at the expense of Tenant, and (b) any damage is caused by the negligent act negligence or omission willful misconduct of Concessionaire, Tenant or any of its sublessees, agents, contractors, employees or employees, Concessionaire invitees shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenablepromptly repaired by Tenant, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own sole cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature reasonable satisfaction of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancyLandlord; provided, however, that Landlord shall bear such cost and expense to the extent it receives proceeds covering such damage from insurance obtained by Landlord as part of Operating Costs. Tenant hereby waives the provisions of Section 1932, subdivision 2, and Section 1933, subdivision 4, of the Civil Code of California, and any similar law, statute or ordinance now or hereafter in effect. 22.3. Until the Premises are restored, rent shall be abated in the proportion that the area, if any, of the Premises rendered unusable by Tenant (and therefore not used) bears to the total area of the Premises; provided, however, that there shall be such rent abatement only (i) if the damage so repaired is not caused by the negligent act negligence or omission willful misconduct of Concessionaire, its, Tenant or any of its agents, or contractors, employees, the rentals guests or invitees, and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30ii) days following completion. C. In the event that all or a material portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or is so damaged that they are untenable and cannot be replaced rendered unusable for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration consecutive business days. Except for abatement of such 12-month periodrent, time being if any, Tenant shall have no claim against Landlord of the essence with respect any damage suffered by reason of (a) and damage to the giving Premises, (b) such repairs, or (c) any inconvenience, interruption, annoyance, loss of business, or continued expense of operation caused by such notice. Notwithstanding the foregoing, if all damage or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) If all the premises or a the portion of the Premises are partially premises necessary for Tenant's occupancy is damaged or destroyed during the term of this lease by fireany casualty insurable under standard fire and extended coverage insurance policies, explosionLandlord will repair or rebuild the premises to substantially the condition in which the premises were immediately prior to such destruction. (b) Landlord's obligation under this paragraph will not exceed the lesser of (1) with respect to the premises, the elements, public enemyscope of building standard improvements installed by Landlord in the original construction of the premises, or other casualty, but not rendered untenable, (2) the same extent of proceeds received by Landlord from any insurance policy maintained by Landlord. (c) The rent will be repaired with due diligence abated proportionately during any period in which, by reason of any damage or destruction not occasioned by the Board at its own cost and expense subject negligence or willful misconduct of Tenant or Tenant's employees or invitees, there is a substantial interference with the operation of the business of Tenant. The abatement will be proportional to the limitations set forth hereinarea of the premises that Tenant may be required to discontinue for the conduct of its business. The abatement will continue for the period commencing with the destruction or damage and ending with the completion of the work, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agentsrepair, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repairreconstruction that Landlord is obligated to do. B. (d) If such damages shall be so extensive as to render all the premises, or a the portion of the Premises untenablepremises necessary for Tenant's occupancy, but capable of being repaired in thirty is damaged or destroyed (301) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole extent of ten percent (10%) or in part depending on the amount and nature more of the Premises rendered untenablethen-replacement value of either, from the time of the damage until the time the affected Premises are fully restored (2) by a cause or casualty other than those covered by fire and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agentsextended coverage insurance, or employees, (3) to the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred extent that it would take in the repair and within excess of thirty (30) days following completion. C. In to complete the event that all or a portion of the Premises are completely destroyed by firerequisite repairs, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board then Tenant may terminate this Lease as lease. If this lease is not terminated pursuant to the affected Premisespreceding sentence, it will remain in full force and effect. If terminated, Landlord and Tenant waive the provisions of any law that would dictate automatic termination or during any period grant either of non-tenability, rentals and fees payable hereunder shall xxxxx as them an option to terminate in the part event of the Premises thus destroyed as of the time of damage or destruction. Tenant's election to terminate under this paragraph will be exercised by written notice to Landlord given within sixty (60) days after the damage or destruction. If within twelve (12) months after The notice will set forth the time effective date of the damage termination of this lease. (e) During any period of reconstruction or destruction repair of the Premises shall not have been repaired or reconstructedpremises, subject to extension due to delays except force majeure events, Concessionaire Tenant may cancel this Lease as regards continue the affected Premises by giving written notice operation of cancellation its business in the premises to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairextent reasonably practicable. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) If all the Premises or a portion the Building are damaged by fire or other insured casualty, Landlord will give Tenant written notice of the Premises are partially damaged by fire, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same time which will be repaired with due diligence needed to repair such damage, as determined by the Board at Landlord in its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premisesreasonable discretion, and the Board may terminate election (if any) which Landlord has made according to this Lease as to Article 18. Such notice will be given before the affected Premises. 30th day (the "notice date") after the fire or other insured casualty. (b) If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed or the Building are damaged by fire or other insured casualty to an extent which it may be repaired its original condition as of the time of the damage or destruction. If Commencement Date within twelve (12) months 120 days after the time notice date, as reasonably determined by Landlord, Landlord will promptly begin to repair the damage after the notice date and will diligently pursue the completion of such repair. In that event this Lease will continue in full force and effect except that Monthly Rent will be abated on a pro rata basis from the date of the damage or destruction until the date of the completion of such repairs (the "repair period") based on the proportion of the Rentable Area of the Premises shall which Tenant is unable to use during the repair period. (c) If the Premises or the Building are damaged by fire or other insured casualty to an extent which may not have been be repaired or reconstructedwithin 120 days after the notice date, subject to extension due to delays except force majeure eventsas reasonably determined by Landlord, Concessionaire then (1) Landlord may cancel this Lease as regards of the affected Premises date of such damage by giving written notice given to Tenant on or before the notice date or (2) Tenant may cancel this Lease as of cancellation the date of such damage by written notice given to the Board Landlord within ten (10) 10 days after Landlord's delivery of a written notice that the expiration of repairs cannot be made within such 12120-month day period. If neither Landlord nor Tenant so elects to cancel this Lease, time being Landlord will diligently proceed to repair the Building and Premises and Monthly Rent will be abated on a pro rata basis during the repair period based on the proportion of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion Rentable Area of the Premises which Tenant is unable to use during the repair period. (d) Notwithstanding the provisions of subparagraphs (a), (b), and (c) above, if the Premises or the Building are completely destroyed damaged by uninsured casualty, or if the proceeds of insurance are insufficient to pay for the repair of any damage to the Premises or the Building, Landlord will have the option to repair such damage or cancel this Lease as a of the date of such casualty by written notice to Tenant on or before the notice date. (e) If any such damage by fire or other casualty is the result of the negligent willful conduct or negligence or failure to act of Tenant, its agents, contractors, employees or omission invitees, there will be no abatement of ConcessionaireMonthly Rent as otherwise provided for in this Article 18. Tenant will have no rights to terminate this Lease on account of any damage to the Premises, rentals and fees shall not xxxxx and the Board mayBuilding, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred Project, except as set forth in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all the Premises, the Building or a portion of the Premises any Building Systems are partially damaged by fire, explosion, the elements, public enemy, fire or other casualty, Landlord shall repair the same without delay (and if Landlord is then carrying insurance on the Leasehold Improvements or if Tenant at its sole option makes funds available to Landlord, Landlord shall also repair the Leasehold Improvements), provided that such repairs can be made under Applicable Laws within sixty (60) days after Landlord obtains all necessary permits for such repairs but not rendered untenablelater than two hundred ten (210) days after the date of such damage (the "Repair Period"). In such event, this Lease shall remain in full force and effect, except that Tenant shall be entitled to an abatement of Rent while such repairs are being made. Such abatement in Rent shall be based upon the same will extent to which such damage and the making of such repairs interfere with Xxxxxx’s business in the Premises. Xxxxxxxx’s repairs shall not include, and the Rent shall not be repaired with due diligence abated as a result of, any damage by the Board at its own cost and expense subject fire or other cause to the limitations set forth herein, provided, however, that if the Tenant’s Personal Property or any damage is caused by the negligent act negligence or omission willful misconduct of ConcessionaireTenant or its Agents. Within twenty (20) days after the date of such damage, its sublesseesLandlord shall notify Tenant whether or not, agentsin Landlord’s reasonable judgment made in good faith, or employees, Concessionaire shall such repairs can be responsible for immediately reimbursing made within the Board for the cost and expenses incurred in the repair. B. Repair Period. If such damages shall repairs cannot be so extensive as to render all or a portion of made within the Premises untenableRepair Period, but capable of being repaired in thirty (30) daysthen either party hereto may, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject written notice to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and other given within thirty (30) days following completion. C. after the date of such damage, terminate this Lease as of the date specified in such notice, which date shall be not less than thirty (30) nor more than sixty (60) days after notice is given by Landlord. In case of termination, the Rent shall be reduced by a proportionate amount based upon the extent to which such damage interferes with the conduct of Xxxxxx’s business in the Premises, and Tenant shall pay such reduced Rent up to the date of termination. Landlord shall refund to Tenant any Rent previously paid for any period of time subsequent to such date of termination. Notwithstanding the foregoing, in the event that all or a portion of the Premises are completely damaged or destroyed by firereason of flood or earthquake, explosionand such damage or destruction is not fully covered by insurance proceeds payable under the insurance policies Landlord is required to carry hereunder (excluding any deductible, for which Landlord shall be responsible), Landlord may terminate this Lease by written notice to Tenant within thirty (30) days of the elementsdate Landlord receives written notice that such damage is not covered by insurance. Such notice from Landlord shall include adequate written evidence of the denial of insurance coverage. If Landlord does not elect to terminate this Lease as provided above, public enemy this Lease shall remain in full force and effect, and Landlord shall repair and restore the Premises as provided above. If at any time during the last six (6) months of the Term of this Lease there is substantial damage that Landlord would be required to repair hereunder, Landlord or Tenant may, at the respective option of each, terminate this Lease as of the date such damage occurred by giving written notice to the other casualty or party of its election to do so damaged that they are untenable and cannot be replaced for within thirty (30) days after the date of such damage; provided, however, Landlord may terminate this Lease only if it would take more than thirty (30) days, days to repair such damage. The parties intend that the Board shall be under no obligation to repair, replace provisions of this Section govern fully their rights and reconstruct obligations in the affected Premisesevent of damage or destruction, and the Board may Landlord and Tenant each hereby waives and releases any right to terminate this Lease as to the affected Premises. If terminatedin whole or in part under Section 1932, or during any period of non-tenabilitysubdivision 2, rentals Section 1933, subdivision 4, and fees payable hereunder shall xxxxx as to the part Sections 1941 and 1942 of the Premises thus destroyed as Civil Code of the time of the damage California or destruction. If within twelve (12) months after the time of the damage under any similar law, statute or destruction the Premises shall not have been repaired ordinance now or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, hereafter in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicableeffect, to the same extent and of equal quality as existed at such rights are inconsistent with the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderprovisions hereof.

Damage and Destruction. A. 19.1 If all there is damage to the Lands or Building or damage to the Campus or Complementary Facilities which prevents access to the Premises or the supply of services essential to the Premises, and if the damage is such that the Premises or a portion substantial part of the Premises are partially is rendered not reasonably capable of use by the Tenant for the purposes contemplated herein for a period of time exceeding 30 days, then the rent payable hereunder for the period beginning at the date of occurrence of the damage until at least a substantial part of the Premises is again reasonably capable of use and occupancy for the purpose aforesaid, will axxxx in the proportion that the area of the Premises rendered not reasonably capable of use by the Tenant bears to the whole of the Premises, and such abatement shall be credited immediately against the Rent payable hereunder. 19.2 If the Premises shall be damaged by fire, explosion, fire or other casualty and this Sub-Lease is not terminated then rent will axxxx until at least a substantial part of the elements, public enemy, Premises is again reasonably capable of use and occupancy for the purpose of the Tenant. 19.3 If the Premises shall be damaged by fire or other casualty, but and this Sub-Lease is not rendered untenableterminated, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if then the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board Landlord with reasonable diligence at its expense, to the extent of any recovery by the Landlord under the insurance policies of the Landlord, and repairs to alterations, additions or improvements made by the Tenant shall be performed by the Landlord at the expense of the Tenant and the Tenant shall, at its own cost and expense, subject make all repairs and replacements of property which the Tenant is entitled to remove under the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature provisions of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completionclause 10.6. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. 19.4 Notwithstanding the foregoing, if all there is damage to the Building or a portion to the Premises or to the Campus or the provision of utilities and other services to the Building and the Head Lease is terminated due to such damage or destruction, this Sub-Lease shall terminate upon notice in writing given to the Tenant within thirty days of the date of election to terminate the Head Lease and in such event the Landlord and the Tenant shall have no obligation to repair the Premises are completely destroyed and the Tenant shall immediately surrender this Sub-Lease and vacate the Premises. If the Head Lease is not terminated, the Landlord and the Tenant shall diligently proceed to repair such damage in accordance with their respective obligations as described in clause 19.3 herein. 19.5 Notwithstanding acceptance of a result surrender of this Sub-Lease, the Tenant shall fully perform each obligation of the negligent act or omission Tenant under this Sub-Lease (except the obligation of Concessionaire, rentals restoration and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months rehabilitation of the destruction damaged or destroyed Premises and pay the costs therefor; improvements thereon) relating to an event occurring, or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood thatcircumstance existing, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, prior to the same extent date of such surrender including the payment of any rent, taxes, assessments, charges and of equal quality as existed costs which the Tenant is obliged to pay hereunder or which may have accrued in respect of, or may be a Lien upon the Premises at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereundersurrender.

Damage and Destruction. A. If all (a) In the event the leased premises are damaged or a portion of the Premises are partially damaged destroyed by fire, explosion, the elements, public enemy, explosion or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject casualty to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission a lesser degree than 25% of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of replacement of the Premises untenableleased premises, but capable of being repaired in thirty (30) days, then the Premises premises shall be repaired with due diligence by the Board Lessor within a reasonable period of time at its own cost and Lessor's expense, subject provided that Lessor shall not be obligated to expend for such repair an amount in excess of the insurance proceeds attributable to the limitations premises which are recovered as set forth hereina result of such damage and Lessor shall not be required to repair or replace Lessee's stock in trade, fixtures, furniture, furnishings, floor coverings and rentals equipment. (b) In the event of damage by fire, explosion or other casualty and fees payable hereunder (i) Lessor is not required to repair as hereinabove provided, (ii) 25% or more of the replacement cost of the premises shall be reasonably abated damaged, (iii) the building of which the premises are a part is damaged to the extent of 25% or more of the replacement cost or (iv) the buildings (taken in the aggregate) in the shopping center shall be damaged to the extent of 25% or more of the replacement cost, then, in any of such events, Lessor may elect either to repair or rebuild the premises or the building, or to terminate this Lease upon giving notice of such election in writing to Lessee Within ninety (90) days after the occurrence of the event causing the damage. If the casualty, repairing, or rebuilding shall render the premises untenable, in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premisespart, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises damages shall not have been repaired or reconstructed, subject to extension due to delays except force majeure eventsthe default or neglect of Lessee, Concessionaire may cancel this Lease as regards a proportionate abatement of the affected Premises by giving written notice Minimum Rent shall be allowed from the date when the damage occurred until the date Lessor completes its work, said proportion to be computed on the basis of cancellation the relation which the gross square foot area of the space rendered untenable bears to the Board within ten (10) days after the expiration of such 12-month period, time being Floor Area of the essence Premises. The provisions of this paragraph with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations by Lessor shall be limited to such repair as is necessary to place the premises in substantially the same condition as when possession was delivered by Lessor, reasonable wear and tear excepted. Promptly following such repair, Lessee shall, at Lessee's expense, perform any work required to place the premises in the condition as required by Lessee prior to the term of the Lease and Lessee shall restore, repair or reconstruction of the affected Premisesreplace its stock in trade fixtures, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixturesfurnishings, equipmentfloor coverings and equipment and, and supplies if Lessee has closed, Lessee shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunderpromptly reopen for business.

Damage and Destruction. A. (a) If all the Leased Premises or a portion of the Premises Building are partially damaged by fire, explosion, the elements, public enemy, fire or other casualty, but not rendered untenable, Landlord will give Tenant written notice of the same time which will be needed to repair such damage, as determined by Landlord in its reasonable discretion, and the election (if any) which Xxxxxxxx has made according to this Section 18. Such notice will be given before the thirtieth (30th) day (the “Notice Date”) after the fire or other insured casualty. (b) If the Leased Premises or the Building is damaged by fire or other insured casualty to an extent which may be repaired with due diligence within one hundred twenty (120) days after the Notice Date, as reasonably determined by the Board at its own cost and expense subject Landlord, Landlord will promptly begin to the limitations set forth herein, provided, however, that if repair the damage is caused by after the negligent act Notice Date and will diligently pursue the completion of such repair, without delay or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall interruption. In that event this Lease will continue in full force and effect except that Rent will be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or abated on a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, pro rata basis from the time date of the damage until the time date of the affected completion of such repairs (the “Repair Period”) based on the proportion of the rentable area of the Leased Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage Tenant is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in unable to use during the repair and within thirty (30) days following completionperiod. C. In (c) If the event that all Leased Premises or a portion of the Premises Building are completely destroyed damaged by fire, explosion, the elements, public enemy fire or other casualty to an extent that may not be repaired within one hundred twenty (120) days after the Notice Date, as reasonably determined by Landlord, then: (1) Landlord may cancel this Lease as of the date of such damage by written notice given to Tenant on or so damaged before the Notice Date; or (2) Tenant may cancel this Lease as of the date of such damage by written notice given to Landlord within fifteen (15) days after Landlord’s delivery of a written notice that they are untenable and the repairs cannot be replaced for more than thirty made within such one hundred twenty- (30120) daysday period. If neither Landlord nor Tenant so elects to cancel this Lease, the Board shall be under no obligation Landlord will diligently proceed to repair, replace without delay or interruption, the Building and reconstruct Leased Premises and Rent will be abated on a pro rata basis during the affected Premisesrepair period based on the proportion of the rentable area of the Leased Premises Tenant is unable to use during the repair period. (d) Notwithstanding the provisions to repair of subparagraphs (a), (b), and (c) above, Landlord shall have no obligation whatsoever to repair, reconstruct, or restore the Board may terminate this Leased Premises and/or the Building if any of the following occurs: (1) The damage or destruction is not fully covered by insurance maintained by Landlord for Landlord’s benefit; (2) The damage or destruction occurs during the last 12 months of the Term or any renewal or extension thereof; (3) Tenant is in default of the Lease as to described in Section 23; or (4) Tenant has abandoned or vacated the affected Leased Premises. If terminated, or during any period . (5) The Building vacancy is greater than 50% of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of rentable space at the time of the damage or destruction. If Landlord does not repair, reconstruct, or restore the Leased Premises for one of the reasons in Section 18 (d) (1)-(5) above, Landlord shall terminate this Lease by written notice to Tenant within twelve thirty (1230) months days after the time of the damage or destruction with the Premises effective date of such termination being the date of the casualty; provided, however, that any such termination of the Lease shall not have been repaired or reconstructed, subject preclude Landlord from pursuing all rights and remedies available to extension due to delays except force majeure events, Concessionaire may cancel this Lease Landlord for any event of default (as regards prescribed in Section 23 hereof) by Tenant existing as of the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration date of such 12-month period, time being of casualty. (e) If any such damage by fire or other casualty is the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent willful conduct or sole gross negligence or failure to act of Tenant, its agents, contractors, employees, or omission invitees, then there will be no abatement of Concessionaire, rentals and fees shall not xxxxx and Rent up to the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months amount of the destruction deductible paid by the Landlord under its property insurance and pay Tenant will have no rights to terminate this Lease on account of any damage to the costs therefor; Leased Premises or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred Building, except as set forth in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a portion at any time during the Term of the Premises are partially damaged by fire, explosionthis Lease, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages Leased Premises shall be so extensive destroyed or so injured by fire or other casualty as to render all be unfit for full occupancy and use by Lessee, and such destruction or a portion injury could reasonably be repaired within one hundred eighty (180) days from the date of such destruction or injury, then Lessee shall not be entitled to surrender possession of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancyLeased Premises; provided, however, that if Xxxxxx’s obligation to pay Rent shall be equitably reduced to the extent of the diminution in use to Lessee resulting from such destruction or injury until full use and occupancy is restored to Lessee. Lessee shall repair the damage is caused by with all reasonable speed at least to the negligent act or omission extent of Concessionaire, its, agents, or employees, the rentals value of the insurance available from all sources and fees will not xxxxx as nearly as possible to the character and Concessionaire quality of the Improvements existing immediately prior to such occurrence. If the Leased Premises shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and so destroyed or injured by fire or other casualty that such destruction or injury could not reasonably be repaired within thirty one hundred eighty (30180) days following completion. C. from the date of such destruction or injury, Lessee shall have the option, upon written notice given to Lessor within 90 days from the date of such destruction or injury, to terminate this Lease, and upon giving of such notice this Lease shall be terminated as of the date of such destruction or injury. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and canLessee does not be replaced for more than thirty (30) days, the Board shall be under no obligation elect to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease in accordance with the foregoing options, Lessee shall repair the damage and restore or rebuild the building and improvements as promptly as reasonably possible after the one hundred eighty (180) day period. All insurance proceeds received by Lessee for the loss shall be available to Lessee for rebuilding with disbursement of said funds following the affected Premisesterms to be agreed upon in writing in advance of any construction. If terminatedthis Lease is terminated under the immediately preceding or following paragraphs, or during any period of non-tenabilityLessee shall promptly raze the Improvements, rentals remove the foundations, fill the site with dirt covered with topsoil and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of leave it in a neat, clean, graded, level and safe condition, provided that such request is made by Lessor within 90 days following the time of the damage such termination. Any insurance proceeds available to Lessee (following restoration or destruction. If within twelve (12otherwise) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructedshall, subject to extension due the rights of any Leasehold Mortgagee as provided in Sections 28 and 38, be collected by and paid to delays the Lessee. Any proceeds remaining after completion of Xxxxxx’s obligations under this Article shall be paid to Xxxxxx, except force majeure eventsthat any Rent outstanding and unpaid shall first be paid to the Lessor out of such remaining proceeds. Further, Concessionaire notwithstanding the foregoing, if any Improvements on the Leased Premises are “totally destroyed” (as hereinafter defined) during the last fifteen (15) years of the Term, Lessee may cancel elect to terminate this Lease as regards the affected Premises by giving written notice of cancellation termination to the Board Lessor within ten (10) 90 days after the expiration of such 12-month period, time being of Improvements on the essence Leased Premises are “totally destroyed” (as hereinafter defined). Insurance proceeds payable with respect to total destruction shall be applied to pay Lessee’s reasonable costs of demolition as outlined in the giving of immediately preceding paragraph, and the outstanding indebtedness then secured by any Leasehold Mortgage, but only if and to the extent such notice. Notwithstanding costs and indebtedness exceed the foregoing, if all or a portion amount of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaireinsurance deductible, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire all remaining insurance proceeds shall be responsible for immediately reimbursing paid to Lessor. For the Board for purposes of this paragraph the costs terms "totally destroyed" and expenses incurred in “total destruction” shall mean that the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited total aggregate cost to repair or reconstruction replace the damage to the Improvements on the Leased Premises exceeds fifty percent (50%) of the affected Premises, where applicable, greater of (i) fair market value or (ii) the replacement cost value of the Improvements on the Leased Premises immediately prior to the same extent occurrence of such damage. The Annual CAM Charge and all rent shall be equitably abated during any period that the Improvements on the Leased Premises are unusable, in whole or in part. If Lessee elects to terminate this Lease pursuant to the terms of equal quality as existed at this Section, all Parties shall be relieved of all further obligations owed under this Lease from and after such termination, unless the date immediately preceding survival of such obligation(s) is specifically provided for herein. The provisions of this Section shall survive the commencement expiration or termination of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. Section 15.01. If all or a portion of the Premises are partially damaged by fire, explosionearthquake, act of God or the elements, public enemyLandlord shall forthwith repair the same, subject to the provisions of this Section hereinafter set forth and provided such repairs can be made within four (4) months under applicable state, federal and city and county laws and regulations. This Lease shall remain in full force and effect, except that if there shall be damage to the Premises, and such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents, employees or invitees, a proportionate reduction in Rent shall be allowed Tenant for such part of the Premises as shall be rendered unusable by Tenant in the conduct of its business during the time such part is so unusable. If such repairs cannot be made within four (4) months, Tenant may, upon written notice to the Landlord, within thirty (30) days after the date of such fire or other casualty, but not rendered untenable, terminate this Lease as of the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act date of such fire or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire other casualty. The Landlord shall be responsible for immediately reimbursing required to notify the Board for Tenant within fifteen (15) days of such casualty of whether the cost and expenses incurred in repairs can be completed within said four (4) month period. Notwithstanding the repair. B. If such damages shall be so extensive as foregoing, Tenant may elect to render all or a portion of the Premises untenable, but capable of being repaired in terminate this Lease by written notice to Landlord within thirty (30) daysdays of such fire or other casualty if, as a result thereof, at least twenty-five percent (25%) of the floor space in the Premises shall be repaired with due diligence by the Board at has been damaged and Tenant reasonably determines that it cannot carry on its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated business in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancyintended thereby; provided, however, that Tenant may not terminate this Lease in such event if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and Landlord provides reasonable written assurance to Tenant within thirty fifteen (3015) days following completion. C. of such fire or other casualty that it can restore the Premises to substantially the same condition they were in prior to the fire or other casualty and the Premises are in fact so restored no later than (i) four (4) months from the date of the fire or other casualty and (ii) six (6) months prior to the expiration of the current Lease term. In the event that all or a portion of the Premises are completely destroyed by fireTenant terminates this Lease under this section, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board Tenant shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as entitled to the affected Premises. If terminated, or during return of any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve Rent (12including Additional Rent) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises paid by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence Tenant with respect to the giving period of the Lease term following the fire or other casualty. Section 15.02. Landlord shall not be required to repair any injury or damage by fire, earthquake, act of God or the elements, or to make any repairs or replacements, of any Property, fixtures or equipment of Tenant or of any improvements installed in the Premises by Tenant, except for the portion of such notice. Notwithstanding improvements the foregoingcost of which was bome by Landlord; and Tenant shall, if all or a at Tenant's sole cost and expense, repair and restore its portion of such improvements. Section 15.03. In the event the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair Building is totally destroyed or rendered wholly unusable for Tenant's Permitted Use, this Lease shall terminate and reconstruct the affected Premises within twelve (12) months of the destruction Tenant and Concessionaire Tenant shall only be responsible liable for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, Rent up to the same extent and date of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereundertotal destruction.

Damage and Destruction. A. (a) If all or a the Premises and/or any portion of the Common Areas which if not available for use would have an adverse affect upon the operation of Tenant's business from the Premises are partially is damaged or destroyed by fireany risk covered by an All Risk Policy, explosion, the elements, public enemy, or other casualtyLandlord shall (subject to being able to obtain all necessary permits and approvals) promptly, but not rendered untenablelater than one (100) days after such damage or destruction (unless either party terminates this Lease pursuant to Section 14(b)), commence and thereafter diligently prosecute to ------------- completion, the repair and/or reconstruction of (i) the Premises to substantially the same will condition as when the Premises were originally delivered to Tenant pursuant to Landlord's obligations under Exhibit C (the parties hereby --------- agreeing that Landlord shall not be obligated for the repair and/or restoration of any items of Tenant's Work or alterations and improvements made by Tenant not covered by the insurance maintained by Landlord pursuant to this Lease) and (ii) such of the Common Areas on Landlord's Parcel to the condition existing prior to such damage or destruction, and use reasonable efforts to enforce the provisions of the CC&R's to cause the Common Areas outside of the Landlord's Parcel to be repaired with due diligence and/or reconstructed to the condition required by the Board at its own cost CC&R's. Landlord shall prosecute all such work by Landlord diligently to completion in a good and expense subject workmanlike manner. (b) Landlord may terminate this Lease by notice to Tenant within sixty (60) days after the limitations set forth herein, provided, however, that occurrence of damage to or destruction of the Premises if the damage Premises is caused damaged or destroyed as a result of any risk not covered by an All Risk Policy and the negligent act or omission cost of Concessionaire, its sublessees, agents, or employees, Concessionaire shall such repair and/or restoration exceeds ten percent (10%) of the replacement value of the Premises; provided that Tenant may nullify such an election by Landlord to terminate by agreeing by written notice to Landlord within ten (10) days following receipt of Landlord's termination notice to agree to be solely responsible for immediately reimbursing the Board for the cost of repair not covered by an All Risk Policy and expenses incurred which is actually not covered by the insurance maintained by Landlord, to the extent in excess of ten percent (10%) of the replacement value of the Premises. In addition, following any casualty to the Premises and/or the Common Areas which materially and adversely affects the operation of Tenant's business from the Premises, the parties shall meet and reasonably agree upon an estimate of the time necessary to complete the repair and/or restoration necessitated by such casualty, and in the repair. B. If event it is so determined that such damages repair shall not be so extensive completed within one hundred eighty (180) days following the occurrence of such casualty and/or in the event such repair in fact is not completed within such one hundred eighty (180) day period (or such longer period as Tenant may approve in writing prior to render all or a portion the commencement of the Premises untenablerepair and/or restoration), but capable of being repaired in thirty (30) days, Tenant shall have the Premises shall be repaired with due diligence right to terminate this Lease by the Board at its own cost and expense, subject written notice to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and Landlord delivered within thirty (30) days following completion. C. the making of such determination and/or the expiration of such one hundred eighty (180) day (or longer, as applicable) period, as the case may be. In addition to the foregoing, in the event that all of any casualty to the Premises or a material portion of the Premises are completely destroyed Common Areas occurring during the final two (2) Lease Years of the Term, requiring in excess of ninety (90) days to repair, either party may terminate this Lease by firewritten notice to the other within sixty (60) days of the occurrence of the casualty unless Tenant exercises or has exercised its next available Option, explosionif any, to extend the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than Term within such thirty (30) daysday period, and in the event of the exercise of such Option to extend the Term, such casualty shall be treated in the manner of casualties occurring other than during the final two (2) Lease Years of the Term. Unless this Lease is so terminated in accordance with this Section 14(b), this Lease shall continue in ------------- full force, and Landlord shall perform its repair obligation under Section ------- 14(a). Upon any termination of this Lease under this Section 14(b), the Board Rent ------------- shall be under no adjusted as of the date of such termination and the parties shall be released without further obligation to repair, replace and reconstruct the affected Premises, and other coincident with the Board may terminate this Lease as to the affected Premises. If terminated, or during any period surrender of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part possession of the Premises thus destroyed as to Landlord, except for items which have accrued and are unpaid. (c) If neither party terminates this Lease pursuant to Section 14(b) ------------- above, and if the operation of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction Tenant's business from the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence is materially interfered with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of such damage or destruction, Tenant's obligation for the negligent act or omission payment of Concessionaire, rentals and fees Rent pursuant to this Lease during the period the Premises are so rendered unfit shall not xxxxx and be equitably abated based upon the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months extent of the destruction and pay interference with Tenant's business resulting from such casualty. (d) The parties waive such rights of Lease termination as are granted to them under the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months laws of the destruction and Concessionaire state of California, it being their agreement that the rights of termination in the event of casualty, as set forth herein, shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairexclusive. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a In the event the Premises are damaged by any peril covered AT LEAST NINETY PERCENT (90%) by standard policies of fire and extended coverage insurance to an extent which is less than fifty percent (50%) of the cost of replacement of the Premises, the damage to that portion of the Premises are partially damaged which Landlord is obligated to insure pursuant to the immediately preceding Section hereof, shall promptly be repaired by fireLandlord, explosionat Landlord's expense, but in no event shall Landlord be required to repair or replace Tenant's stock-in-trade, trade fixtures, furniture, furnishings, special equipment and other items of construction and personal property which Tenant is required to insure pursuant to the elements, public enemyimmediately preceding Section hereof. In the event of such damage and (a) Landlord is not required to repair as provided herein, or other casualty, but not rendered untenable, (b) the same will be repaired with due diligence by the Board at its own cost and expense subject Premises are damaged to the limitations set forth hereinextent of fifty percent (50%) or more of the cost of replacement of the Premises, providedor (c) the Building is damaged to the extent of fifty percent (50%) or more of the cost of replacement, however, that if the or (d) such damage is caused by the negligent act twenty-five percent (25%) or omission more of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of replacement of the Premises untenableand the same occurs during the last year of the initial term or any extensions or renewal terms of this Lease, but capable of being repaired then, in thirty (30) daysany such event(s), Landlord may elect either to repair or rebuild the Premises or the Building of which the Premises are a part, as the case may be, or to terminate this Lease upon giving notice of such election, in writing, to Tenant within ninety (90) days after the happening of the event causing such damage. If such damage, repairing or rebuilding shall be repaired with due diligence by render the Board at its own cost and expensePremises untenantable, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending part, a proportionate abatement of the rent and additional rent stipulated herein shall be allowed from the date such damage occurred until the date Landlord completes the repairs or rebuilding, said proportion to be computed on the amount and nature basis of the Premises rendered untenable, from the time gross LEASEABLE area of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage space rendered UNUSABLE TO TENANT. If Landlord is caused by the negligent act required or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the elects to repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fireas provided herein, explosion, the elements, public enemy or other casualty or so damaged that they are untenable Tenant shall repair its floor and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation wall COVERINGS which Tenant is obligated to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as insure pursuant to the affected Premises. If terminatedterms hereof, or during any period of non-tenability, rentals in a manner and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the at least a condition equal to that prior to such damage or destruction. If In addition, Tenant is hereby given the sole option to terminate this Lease in the event the repairing or rebuilding to be effected by Landlord and required hereunder cannot be completed within twelve one hundred twenty (12120) months after days from the time date of the occurrence of the damage or and destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten OR IN THE EVENT SUCH DAMAGE IS TWENTY-FIVE PERCENT (1025%) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairOR MORE OF THE COST OF REPLACEMENT OF THE PREMISES AND THE SAME OCCURS DURING THE LAST YEAR OF THE INITIAL TERM. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all It is mutually agreed that in the event the Demised Premises, or the means of ingress and egress therefrom and thereto are injured by fire or other damage or destruction during the term of the Lease, the rent provided for herein shall xxxxx entirely in case the entire Demised Premises or any substantial portion thereof is untenantable and, in the case a non-substantial portion of the Demised Premises is untenantable, shall partially xxxxx and shall be prorated for the portion rendered untenantable, until the Demised Premises are partially damaged restored by fireLandlord to a good, explosiontenantable condition (which Landlord shall undertake to do with due diligence), the elements, public enemy, or other casualty, but not rendered untenable, Tenant paying during such time the same will be repaired with due diligence by proportion of rent that the Board at its own cost and expense subject part of the Demised Premises remaining tenantable shall bear to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If entire Demised Premises during such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancyperiod; provided, however, that there shall be no abatement of rent on account of the condition of said Demised Premises by reason of any loss or damage by fire or other damage or destruction if the such damage is or destruction was caused by the negligent or willful act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. Tenant. In the event that all the Demised Premises is destroyed or a portion damaged so that it can not be repaired or reconstructed with reasonable diligence being exercised within one hundred twenty (120) days from the date of the Premises are completely destroyed such destruction or damage by fire, explosion, the elements, public enemy reason of fire or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) dayscasualty, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board either party may terminate this Lease as by giving written notice to the affected Premisesother party within forty-five (45) days after the date of such destruction or damage; provided, however, that Tenant may require Landlord to rebuild and restore the Demised Premises to its previous condition by giving Landlord written notice within such forty-five (45) day period; provided further, however, if there is less than one (1) year remaining on the term of this Lease, Landlord shall have the right to terminate this Lease unless Tenant is agreeable to renewing this Lease for a minimum term of three (3) years, in which event Landlord shall not have the right to terminate. If terminatedFor purposes of this paragraph, or during any period of non-tenability, rentals and fees payable hereunder the term “tenantable condition” shall xxxxx as to the part mean a condition of the Demised Premises thus destroyed for use by Tenant for its active operation of its food warehouse as of the time of the damage or destruction. If within twelve (12) months after the time of operated immediately prior to the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board maycontemplated hereunder, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairTenant’s reasonable judgment. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. If all or a portion of and whenever during the Premises are partially damaged by fire, explosion, Term the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth herein, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall be so extensive as to render all or a portion of the Premises untenable, but capable of being repaired in thirty (30) days, building erected on the Premises shall be repaired with due diligence destroyed or damaged by any of the Board at its own cost perils insured against as hereinbefore stated, then and expensein every such event: (a) If the damage or destruction is such that the building erected on the Premises is rendered unfit for occupancy or it is impossible and unsafe to use and occupy, subject and if in either event the damage, in the reasonable opinion of the Landlord to be given to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, from the time of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and Tenant within thirty (30) days following completion. C. of the happening of such damage or destruction, cannot be repaired with reasonable diligence within one hundred and twenty (120) days from the happening of such damage or destruction, then either the Landlord or the Tenant may within five (5) days next succeeding the giving of the Landlord's opinion as aforesaid, terminate this Lease by giving to the other notice in writing of such termination, in which event this Lease and the Term shall cease and be at an end as of the date of such destruction or damage and the rent and all other payments for which Tenant is liable under the terms of this Lease shall be apportioned and paid in full to the date of such destruction or damage. In the event that neither Landlord nor Tenant shall terminate this Lease, then Landlord shall repair the building with all or a portion reasonable speed and the rent hereby reserved shall xxxxx from the date of the happening of the damage until the damage shall be made good to the extent of enabling Tenant to use and occupy the Premises. (b) If the damage be such that the building erected on the Premises are completely destroyed by fireis unfit for occupancy or if it is impossible or unsafe to use or occupy it but if in either event the damage, explosion, in the elements, public enemy or other casualty or so damaged that they are untenable and cannot reasonable opinion of the Landlord to be replaced for more than given to the Tenant within thirty (30) daysdays from the happening of such damage, can be repaired with reasonable diligence within one hundred and twenty (120) days from the Board happening of such damage, then the rent hereby reserved shall xxxxx from the date of the happening of such damage until the damage shall be under no obligation made good to repair, replace the extent of enabling the Tenant to use and reconstruct occupy the affected Premises, building and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder Landlord shall xxxxx as to the part of the Premises thus destroyed as of the time of repair the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repairreasonable speed. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.

Damage and Destruction. A. (a) Repair and Restoration. If all the Building and/or the Premises are damaged by fire or a portion other perils covered by insurance carried by Landlord, Landlord shall, subject to the provisions of Section 21(b) below, have the following rights and obligations: (i) If the Building and/or the Premises are damaged or destroyed by any such peril, to the extent the cost to repair exceeds twenty-five percent (25%) of the then full replacement value thereof or the damage thereto is such that the Building and/or the Premises cannot, in the reasonable estimate of Landlord, be repaired, reconstructed and restored within six (6) months from the date of such damage or destruction using customary diligence, Landlord shall, at its sole option, as soon as reasonably possible thereafter, either commence or cause the commencement of the repair, reconstruction and restoration of the Building and/or the Premises and prosecute or cause the same to be prosecuted diligently to completion, in which event this Lease shall remain in full force and effect; or within sixty (60) days after such damage or destruction, elect not to so repair, reconstruct or restore the Building and/or the Premises, in which event this Lease shall terminate. In either event, Landlord shall give Tenant written notice of its intention within said sixty (60) day period. If Landlord elects not to restore the Building and/or the Premises, this Lease shall be deemed to have terminated as of the date of such damage or destruction. (ii) If the Building and/or the Premises are partially damaged or destroyed by fireany such peril, explosion, the elements, public enemy, or other casualty, but not rendered untenable, the same will be repaired with due diligence by the Board at its own cost and expense subject to the limitations set forth hereinextent the cost to repair is twenty-five percent (25%) or less of the then full replacement value thereof, provided, however, that and if the damage thereto is caused by such that the negligent act or omission of ConcessionaireBuilding and/or the Premises reasonably may, its sublessees, agents, or employees, Concessionaire shall be responsible for immediately reimbursing the Board for the cost and expenses incurred in the repair. B. If such damages shall reasonable estimate of Landlord, be so extensive as to render all repaired, reconstructed or restored within a portion period of the Premises untenable, but capable of being repaired in thirty six (306) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject to the limitations as set forth herein, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature of the Premises rendered untenable, months from the time date of the damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of the Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board shall be under no obligation to repair, replace and reconstruct the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the such damage or destruction the Premises using customary diligence, then Landlord shall not have been repaired commence or reconstructed, subject to extension due to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repair. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding cause the commencement of and diligently complete or cause the completion of the work of repair, reconstruction and restoration of the Building and/or the Premises and this Lease. Replacement Lease shall continue in full force and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereundereffect.

Damage and Destruction. A. If Sublessor shall have no obligation to rebuild, restore or repair all or a portion of the Premises in the event of any damage or destruction thereto. If the Premises are partially damaged by fireor destroyed and Sublessor has the right to terminate the Lease under Paragraph 15 of the Lease, explosionthen provided Sublessee notifies Sublessor within ten (10) business days after the damage or destruction that Sublessee desires Sublessor to terminate the Lease (and this Sublease), Sublessor shall use reasonable efforts, at no cost to Sublessor, to so terminate the elements, public enemy, Lease. If either Lessor or other casualty, but not rendered untenable, Sublessor elects to terminate the same will be repaired with due diligence by the Board at its own cost and expense subject Lease pursuant to the limitations terms and conditions of Paragraph 15 of the Lease, this Sublease shall terminate concurrently therewith without any liability of Sublessor to Sublessee. Except as expressly set forth hereinin this Sublease, provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sublessees, agents, or employees, Concessionaire Sublessee shall be responsible for immediately reimbursing the Board for the cost and expenses incurred have no right to terminate this Sublease in the repair. B. If such damages shall be so extensive as event of damage or destruction to render all or a portion of the Premises untenableand Sublessee hereby expressly waives any rights to terminate this Sublease based on damage or destruction, but capable of being repaired in thirty (30) days, the Premises shall be repaired with due diligence by the Board at its own cost and expense, subject including without limitation any rights pursuant to the limitations provisions of Subdivision 2 of Section 1932 and Subdivision 4 of Section 1933 of the California Civil Code, as set forth hereinamended from time to time, and rentals and fees payable hereunder shall be reasonably abated in whole or in part depending on the amount and nature provisions of any similar law hereinafter enacted, which provisions relate to the termination of the Premises rendered untenable, from the time hiring of the a thing upon its substantial damage until the time the affected Premises are fully restored and certified by the Board's engineers as ready for occupancy; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its, agents, or employees, the rentals and fees will not xxxxx and Concessionaire shall be responsible for reimbursing the Board for the cost and expenses incurred in the repair and within thirty (30) days following completion. C. In the event that all or a portion of destruction. If the Premises are completely destroyed by fireto be rebuilt or restored, explosionand Sublessor receives an abatement of rent under the Lease, the elements, public enemy or other casualty or so damaged that they are untenable and cannot be replaced for more than thirty (30) days, the Board Rent payable under this Sublease shall be under no obligation to repair, replace and reconstruct proportionately reduced during the affected Premises, and the Board may terminate this Lease as to the affected Premises. If terminated, or during any period of non-tenability, rentals repair or restoration (provided such damage and fees payable hereunder shall xxxxx as to the part of the Premises thus destroyed as of the time of the damage or destruction. If within twelve (12) months after the time of the damage or destruction the Premises shall not have been repaired caused by the fault or reconstructedneglect of Sublessee, subject its agents, employees, or invitees), based upon the extent to extension due which the making of repairs interferes with Sublessee's business conducted on the Premises, as reasonably determined by Sublessor, but in no greater proportion than the rent paid by Sublessor to delays except force majeure events, Concessionaire may cancel this Lease as regards the affected Premises by giving written notice of cancellation to the Board within ten (10) days after the expiration of such 12-month period, time being of the essence with respect to the giving of such notice. Notwithstanding the foregoing, if all or a portion of Lessor for the Premises are completely destroyed as a result of the negligent act or omission of Concessionaire, rentals and fees is abated to Sublessor. All other amounts due pursuant to this Sublease shall not xxxxx and the Board may, in its discretion, require Concessionaire to repair and reconstruct the affected Premises within twelve (12) months of the destruction and pay the costs therefor; or the Board may repair and reconstruct the affected Premises within twelve (12) months of the destruction and Concessionaire shall be responsible for immediately reimbursing the Board for the costs and expenses incurred in the repaircontinue unaffected. D. It is understood that, in the application of the foregoing subsections, the Board's obligations shall be limited to repair or reconstruction of the affected Premises, where applicable, to the same extent and of equal quality as existed at the date immediately preceding the commencement of this Lease. Replacement and redecoration of improvements constructed and/or installed by Concessionaire and replacement of Concessionaire's furniture, fixtures, equipment, and supplies shall be the responsibility, and at the sole cost of, Concessionaire and any such replacement, redecoration and refurbishing or re-equipping shall be of equivalent quality to that originally installed hereunder.