Common use of Damage and Destruction Clause in Contracts

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictionsrestrictions , inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects, such damage or defects not being the result of any act of negligence by Tenant or by any of Tenant's agents, employees or invitees, that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for TenantLessee's purposes, then Tenant Lessee shall have the right within ninety (90) days following damage to elect by notice to Landlord Lessor to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for TenantLessee's purposes, Landlord Lessor shall promptly repair such damage at the cost of the LandlordLessor. In making the repairs called for in this paragraph, Landlord Lessor shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of LandlordLessor. Tenant Lessee shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for TenantLessee's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to TenantLessee. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond TenantLessee's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for TenantLessee's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for TenantRenter's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord Renter to terminate this Lease Sublease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for TenantRenter's purposes, Landlord Tenant shall promptly repair such damage at the cost of the LandlordTenant. In making the repairs called for in this paragraph, Landlord Tenant shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of LandlordTenant. Tenant shall be relieved from paying rent and other charges during any portion of the Lease Sublease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for TenantRenter's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to TenantRenter. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for TenantRenter's purposes.

Damage and Destruction. Subject to Section 8 A. above, if a. If the Leased Premises or any part thereof the Base Station are damaged or destroyed by reason of fire or any appurtenance thereto is other cause, or if damage to the Leased Premises or the Base Station causes damage to portions of the Site or other property of Lessor, Lessee will immediately notify Lessor and will promptly repair or rebuild the Base Station, incidental improvements, and other damage to Lessor’s property to its condition immediately prior to such damage, at Lessee’s expense. b. Monthly rent and additional rent will not xxxxx pending the repairs or rebuilding except to the extent to which Lessor receives a net sum as proceeds of any rental insurance, or continues to receive income from Carrier Subleases. c. If at any time the Leased Premises or Base Station are so damaged by fire, casualty fire or structural defects otherwise that the same cannot be used for Tenant's purposescost of restoration exceeds fifty percent (50%) of the replacement value of the Base Station immediately prior to the damage, then Tenant shall have the right Lessee may, within ninety sixty (9060) days following damage to elect by after such damage, give notice to Landlord of its election to terminate this Lease as and, subject to the further provisions of this Section 21, this Lease will cease on the tenth (10th) day after the delivery of that notice. Monthly rent will be apportioned and paid to the time of termination. If this Lease is so terminated, Lessee will have no obligation to repair or rebuild. Notwithstanding the foregoing, if Lessee elects to terminate this Lease, Lessee shall be required to comply with the provisions of Section 4b with respect to removing and dismantling each component of the date of such damage. In the event of minor damage to any part of the Leased Premises, Base Station and if such damage does not render returning the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, condition stated in whole or in part, for Tenant's purposessuch section.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises Commercial Space or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects, such damage or defects not being the result of any act of negligence by Tenant or by any of Tenant's agents, employees or invitees, that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased PremisesCommercial Space, and if such damage does not render the Leased Premises Commercial Space unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises Commercial Space are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which that is beyond Tenant's reasonable control and which renders the Leased PremisesCommercial Space, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject If the improvements on the Premises are wholly or partially damaged or destroyed by fire or other casualty Landlord shall restore and rebuild the improvements on the Premises to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that substantially the same cannot be used for Tenant's purposescondition which existed on the Effective Date, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as shall remain in full force and effect and Rents shall xxxxx in proportion to the area of the Premises rendered untenantable from the date of such damagecasualty until 30 days after the completion of Landlord’s restoration and rebuilding. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at receive any and all insurance proceeds payable in connection with the cost of Premises and with any improvements thereto; provided, however, if this Lease is not terminated as set forth in the Landlord. In making the repairs called for in this preceeding paragraph, Landlord shall not be liable make available to Tenant any insurance proceeds specifically allocated to improvements paid for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond and constructed on the reasonable control of LandlordPremises by Tenant. Tenant shall be relieved from paying rent entitled to receive any and other charges during all insurance proceeds payable in connection with Tenant’s Personal Property. In no event shall Landlord be required to expend any portion funds in excess of the Lease term that the Leased Premises are inoperable amount of insurance proceeds received by Landlord on account of such damage or unfit for occupancydestruction, or use, less any out-of-pocket expenses incurred by Landlord in whole or in part, for Tenant's purposessecuring such insurance proceeds. Rentals and other charges paid in advance for Notwithstanding any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions provision of this paragraph extend not only Lease to the matters aforesaidcontrary (i) if the Premises is not restored by Landlord within 180 days after the casualty; or (ii) the casualty occurs during the last two years of the Term, but also Tenant may terminate this Lease by written notice to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposesLandlord.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following responsibility to repair the damage to elect by notice to Landlord to terminate this Lease as of the date of such damagepromptly, at Tenant's expense. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord Tenant shall promptly repair such damage at the cost of the Landlorddamage. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays adverse occurrences resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall not be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. A) above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. aboveother applicable provisions herein, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant either party shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as in writing, in conformance with the Notice section of this Lease, and Landlord shall return a pro-rated amount of rental money for the period of the date of such damagemonth during which the damage occurred when the Leased Premises was unusable for Tenant’s purposes. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord Tenant shall promptly have the option to either terminate this Lease as set forth in this Paragraph, or repair such the minor damage at the cost of the Landlord. In making the repairs called Tenant’s expense; under no circumstances shall Landlord be obligated to pay for in this paragraph, Landlord shall not be liable or reimburse Tenant for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlordrepairs made. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, and Tenant, its agents or employees are not the cause of the damage, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposespurposes in Landlords sole determination, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant Except as provided in subparagraph 9 above, tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenanttenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. 10(a) above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged suffers Material Damage by fire, casualty or structural defects so that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposespurposes in the proportion that the area of the Leased Premises not occupied by Tenant bears to the total area of the Leased Premises. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.and

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for liablefor any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term Term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited becredited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject to Section 8 9 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject to Section 8 A. above10.1 If, if during the term of this Lease, the Leased Premises or any part thereof or any appurtenance thereto is so are damaged by firefire or other casualty so as to be rendered untenantable either in whole or in substantial part, casualty and (a) the loss or structural defects that damage occurs during the same last two (2) years of the term or (b) the Leased Premises cannot reasonably be used for Tenant's purposesrestored to substantially their former condition within 270 days following the fire or other casualty, then either Landlord or Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to may terminate this Lease effective the date of the casualty by giving notice to the other within 30 days following the casualty. If, during the term of this Lease, the Leased Premises are damaged by fire or other casualty, and (a) the insurance proceeds are insufficient to cover the costs of repair or restoration, or (b) the holder of any mortgage on the Leased Premises elects to apply the insurance proceeds against the indebtedness secured by the mortgage, then Landlord may terminate this Lease effective the date of the casualty by giving notice to the Tenant within 60 days following the casualty. If so terminated, all rent shall cease as of the date of such damage. In the event of minor damage to and any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant prepaid rent shall be relieved from paying rent and other charges during any portion of the Lease term that refunded. 10.2 If the Leased Premises are inoperable or unfit for occupancy, or use, damaged in whole or in partpart by fire or other casualty and this Lease is not terminated pursuant to Section 10.1, for Tenant's purposesthen Tenant at its expense shall restore the Leased Premises to a kind and quality substantially similar to that which existed immediately prior to the damage or destruction. Rentals and other charges paid in advance for any such periods Restoration shall be credited on the next ensuing paymentscommenced within a reasonable time and, if anysubject to matters beyond Tenant’s reasonable control, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.completed without delay

Damage and Destruction. Subject to Section 8 A. 8A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above(a) If the Subleased Premises, if the Leased Premises or any part thereof portion thereof, are damaged or destroyed by any appurtenance thereto is so damaged by firecause whatsoever, casualty or structural defects such that the same cannot Primary Lease is terminated, this Sublease shall terminate immediately upon termination of the Primary Lease. Rent and any other payments for which Sublessee is liable shall be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage apportioned and paid to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part termination, and Sublessee shall immediately deliver possession of the Leased PremisesSubleased Premises to Sublessor. (b) If ail or any portion of the Subleased Premises is damaged or destroyed by any cause whatsoever, and if such damage does or destruction is not render significant enough to cause a termination of the Leased Premises unusable for Tenant's purposesPrimary Lease, Sublessor agrees, subject to Section 14A of the Primary Lease, to use good faith efforts to cause Landlord shall promptly to repair such damage at provided, however, that should any damage and/or destruction be the cost result of any act and/or omission of the Landlord. In making Sublessee, the repairs called for in this paragraphSublessee agrees that if the Landlord does not agree to repair such damage, Landlord the Sublessee shall not be liable for any delays resulting from strikesexpenses arising out of, governmental restrictionsand/or in connection with, inability Sublessor’s reparations related to obtain necessary materials or labor or other matters which are beyond any such damage and/or destruction. Notwithstanding any such damage, Sublessee shall continue to be obligated to pay all rent under this Sublease during the reasonable control period of Landlord. Tenant shall restoration (subject only to any rent abatement under the Primary Lease, as may be relieved from paying rent and other charges during any portion afforded to Sublessor pursuant to Section 14A of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposesPrimary Lease).

Damage and Destruction. Subject to Section 8 7 A. above, if the Leased Premises Premises, Building or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects such that the same cannot be used for TenantLessee's purposes, then Tenant Lessee shall have the right within ninety thirty (9030) days following notice of the damage to elect by notice to Landlord Lessor to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for TenantLessee's purposes, Landlord Lessor shall promptly repair such damage at the cost of the LandlordLessor. In making the repairs called for in this paragraph, Landlord Lessor shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of LandlordLessor. Tenant Lessee shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for TenantLessee's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to TenantLessee. The provisions of this paragraph extend not only to the matters aforesaidstated herein, but also to any occurrence which is beyond TenantLessee's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for TenantLessee's purposes.

Damage and Destruction. Subject In the event the Premises are damaged by any peril covered by standard policies of fire and extended coverage insurance, the damage shall, except as hereinafter provided, promptly be repaired by Landlord, at Landlord’s expense, but, in no event shall Landlord be required to Section 8 A. aboverepair or replace Tenant’s leasehold and building improvements in the Premises originally constructed by Tenant after the Delivery of Possession Date, if Tenant’s stock-in-trade, trade fixtures, furniture, furnishings, equipment or personal property, which shall be the Leased obligation of Tenant to replace to at least equal condition immediately prior to such damage. In the event (a) the Premises are damaged to the extent of twenty-five percent (25%) or more of the cost of replacement of the Premises, or (b) any damage to the Premises occurs during the last three (3) years of the Term of this Lease, Landlord may elect either to repair or rebuild the Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then to terminate this Lease upon giving notice of such election in writing to Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of after the date of such event causing the damage. In If the event of minor damage to any part of the Leased Premisescasualty, and if such damage does not repairing, or rebuilding shall render the Leased Premises unusable for Tenant's purposesuntenantable, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid a proportionate abatement of the Minimum Rent in advance for any such periods proportion to the sales floor area of the Premises rendered untenantable shall be credited on allowed until the next ensuing paymentsdate Landlord completes the repairs or rebuilding. If the casualty, if anyrepairing, but if no further payments are to be madeor rebuilding shall render the Premises untenantable, any such advance payments in whole, an abatement of the Minimum Rent of the Premises shall be refunded to Tenant. The provisions of this paragraph extend not only to allowed until the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders date Landlord completes the Leased Premises, repairs or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposesrebuilding.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part the total destruction of the building which comprises a portion of the Leased Premises, this Lese shall automatically terminate. If the building is partially damaged during the term of this Lease, the rents payable hereunder shall be abated in proportion to which Lessee's use is impaired. In such event and if within sixty (60) days from the date of such damage does not render partial damage, Lessor shall commence to restore the Leased Premises unusable for Tenant's purposes, Landlord and thereafter diligently complete such restoration. Such repairs shall promptly repair such damage at substantially restore the cost condition of the LandlordLeased Premises prior to the casualty, except for modifications required by zoning and building codes and other laws, and except that Lessor shall not be required to repair or replace any of Lessee's personal property, fixtures or improvements. In making the repairs called for in this paragraph, Landlord Lessor shall not be liable for any delays inconvenience or annoyance to Lessee, or injury to Lessee's business resulting in any way from strikessuch damage or repair thereof, governmental restrictions, inability except Lessor shall allow Lessee a proportionate abatement of rent during the time and to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that extent the Leased Premises are inoperable or unfit for occupancy, or useand not occupied by Lessee as a result of such damages. Provided, in whole or in parthowever, for Tenant's purposes. Rentals the obligation of Lessor to repair and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders restore the Leased Premises, shall not apply in the event the damage or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenantdestruction to the Leased Premises is not covered by Lessor's purposesinsurance policies under the insurance coverage maintained by Lessor under this Lease.

Damage and Destruction. Subject to Section Paragraph 8 A. A as stated above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event even of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraphParagraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph Paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject A. In case of any material damage to Section 8 A. aboveor destruction of any portion of the Premises(2), if Tenant shall promptly give written notice thereof to Landlord. If any portion of the Leased Premises shall be partially damaged by fire or other casualty, then Landlord, except as otherwise provided herein, shall proceed promptly and with due diligence to repair and restore the damaged portion to substantially the same condition and quality as prior to such damage. If any part of the Premises shall be damaged, but not such a substantial portion thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for as to impair Tenant's purposes’s ability to conduct Tenant’s business in Tenant’s normal course, then Tenant such portion thereof as has been rendered untenantable by reason of such damage shall have be repaired by Landlord and until such repairs are completed, the right within ninety (90) days following damage Base Rent payable hereunder shall be abated to elect by notice the extent that such Base Rent for such portion relates to Landlord to terminate this Lease as of the total space for the period from the date of such damage. In the event of minor damage to the date when such portion shall have been made tenantable. Tenant understands that Landlord will not carry insurance of any part of the Leased Premiseskind on Tenant’s property, to wit: Tenant’s goods, inventory, furniture or furnishings or any fixtures, equipment, or improvements, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, that Landlord shall not be liable for obligated to repair any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials damage thereto or labor or other matters which are beyond replace the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposessame.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if If during the Leased term of this Lease the Premises or any part thereof or any appurtenance thereto is are so damaged by firefire or other casualty as to be rendered untenantable in whole or in substantial part, casualty or structural defects that the same cannot be used for as reasonably determined by Landlord and Tenant's purposes, then either Landlord or Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to may terminate this Lease effective as of the date of such damagecasualty. In addition, if the event of minor Building is destroyed in whole or in substantial part by casualty, or if Landlord determines that the insurance proceeds are/will be insufficient to repair the damage to the Building or Landlord's mortgagee elects/will likely elect to apply any part of the Leased Premisesproceeds to the mortgage debt, and if Landlord may terminate this Lease effective the date of such casualty. These elections by Landlord or Tenant shall be made within 30 days after the occurrence of the casualty, or shall be deemed waived. If this Lease is not so terminated, either because the damage does not render the Leased Premises unusable for Tenant's purposesuntenantable, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, either in whole or in partsubstantial part or because neither Landlord nor Tenant elects to terminate this Lease pursuant to the preceding provisions, for then Landlord shall, with all due diligence, repair and restore the Premises to substantially their original condition (excluding any Tenant Improvements or other alterations or improvements made by Tenant's purposes). Rentals and other charges paid in advance for any such periods The rent shall be credited on abated in proportion to the next ensuing paymentsuntenantable space until the Premises are restored. If this Lease is terminated by Tenant or Landlord pursuant to this Section 16, if any, but if no further payments are to be made, Landlord shall refund any such advance payments shall be refunded to Tenantrent prepaid beyond the effective date of termination. The provisions term “substantial part” means more than 50% of this paragraph extend not only to the matters aforesaid, but also to any occurrence which square footage of the Building is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposesdamaged.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that defects, not caused or incurred as a result of negligence by Tenant, and the same is uninhabitable and cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect elect, by notice to Landlord Landlord, to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, Premises and if such damage does not render the Leased Premises unusable for Tenant's purposes, as reasonably determined by the Landlord, Landlord shall promptly repair such damage at the cost of the Landlord. In , ln making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposespurposes . Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 6 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for TenantDRIC's purposes, then Tenant DRIC shall have the right within ninety (90) days following damage to elect by notice to Landlord EDA to terminate this Lease sublease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for TenantDRIC's purposes, Landlord EDA shall promptly repair such damage at the cost of the LandlordEDA. In making the repairs called for in this paragraph, Landlord EDA shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of LandlordEDA. Tenant DRIC shall be relieved from paying rent and other charges during any portion of the Lease sublease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for TenantDRIC's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to TenantDRIC. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond TenantDRIC's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for TenantDRIC's purposes.

Damage and Destruction. Subject to Section 8 A. 8A above, if the Leased Premises or any part thereof or any appurtenance appurtenances thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or of in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects, such damage or defects not being the result of any act of negligence by Tenant or by any of Tenant’s agents, employees or invitees, that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects, such damage or defects not being the result of any act of negligence by Tenant or by any of Tenant's agents, employees or invitees, that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor labour or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises are damaged or any part thereof or any appurtenance thereto is destroyed so damaged by fire, casualty or structural defects that the same cannot Premises are rendered wholly untenantable, through no fault of Tenant or Tenant’s invitees, the Rent shall be used for Tenant's purposes, then Tenant shall have proportionately paid up to the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as time of the casualty and thenceforth shall cease until the date when the Premises have been repaired or restored by Landlord. If the Premises shall be partially damaged or partially destroyed, the damages, to the Premises but not Tenant’s property, shall be repaired by and at the expense of the Landlord and the Rent, until such damage. In repairs are made, shall be apportioned according to the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for useable by Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays inconvenience or annoyance to Tenant resulting from strikessuch destruction or damage or the repair thereof, governmental restrictionsand shall not be liable for any delay in restoring the Premises. If, inability anything to obtain necessary materials the contrary above in this paragraph notwithstanding, the Premises are damaged or labor destroyed as a result of the wrongful or other matters which are beyond negligent act of Tenant or any person on the reasonable control Premises with Tenant's consent, there shall be no apportionment or abatement of Landlord. Rent and Tenant shall be relieved from paying rent liable and other charges during any portion shall pay to Landlord the cost of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only all repairs and/or replacements to the matters aforesaid, but also to Premises and any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposessurrounding property damaged.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor .labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance appurte- xxxxx thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary neces- sary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited cred- ited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control control, and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy oc- cupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. A. Subject to Section 8 4 A. above, if the Leased Premises Theater or any part thereof or any appurtenance thereto is so damaged by fire, casualty casualty, or structural defects that the same cannot be used for TenantLessee's purposes, then Tenant Lessee shall have the right within ninety (90) days following damage to elect by notice to Landlord Lessor to terminate this Lease Agreement as of the date of such damage. In the event of minor damage to any part of the Leased PremisesTheater, and if such damage does not render the Leased Premises Theater unusable for TenantLessee's purposes, Landlord Lessor shall promptly repair such damage at the cost of the LandlordLessor. In making the repairs called for in this paragraph, Landlord Lessor shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of LandlordLessor. Tenant Lessee shall be relieved from paying rent any Lease Rate and other charges during any portion of the Lease term Term that the Leased Premises are Theater is inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals Lease Rate s and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to TenantLessee. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond TenantLessee's reasonable control control, and which renders the Leased PremisesTheater, or any appurtenance thereto, inoperable inoperable, or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty casualty, or structural defects that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, aforesaid but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject to Section 8 Paragraph 10 A. above, if the Leased Premises leased Property or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes’s purposes and the cost to repair or rebuild the damage exceeds the insurance proceeds available to Tenant, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damagedamage and pay any insurance proceeds received for such damage to Landlord. In the event of minor damage to any part of the Leased Premisesleased Property, and if such damage does not render the Leased Premises leased Property unusable for Tenant's ’s purposes, Landlord Tenant shall promptly repair such damage at the cost of the LandlordTenant. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises leased Property are totally inoperable or completely unfit for occupancy, or use, in whole or in part, use for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, leased Property totally inoperable or completely unfit for occupancy or use, in whole or in part, use for Tenant's ’s purposes. A. To the extent any damage or destruction occurs to the Leased Property the repair of which is substantially covered by insurance, Landlord may at its sole option, cause Tenant to repair the damages and xxxxx the rent during such period of repair or construction. Upon completion of such repair or construction, all of the terms of this Lease shall continue in full force and effect.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have hav e the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises Prem ises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictionsrestrictions , inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable inopera ble or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance adv ance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance theretotheret o, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty casualty, or structural defects that the same cannot be used for the Tenant's ’s purposes, then the Tenant shall have the right within ninety thirty (9030) calendar days following damage to elect by notice to the Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for the Tenant's ’s purposes, the Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, the Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials materialss or labor or other matters which are beyond the reasonable control of the Landlord. The Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, occupancy or use, in whole or in part, for the Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments payment shall be refunded to the Tenant. The provisions of this paragraph extend not only to the matters maters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for the Tenant's ’s purposes. The Tenant shall be responsible for any damage to the Building occurring as a result of the Tenants usage of the Building.

Damage and Destruction. Subject to Section 8 A. 11(A) above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety thirty (9030) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term Term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals Rent and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects, such damage or defects not being the result of any act of negligence by Tenant or by any of Tenant's agents, employees or invitees, that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall s all be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable Inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, Premises or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above(a) If the Subleased Premises, if the Leased Premises or any part thereof portion thereof, are damaged or destroyed by any appurtenance thereto is so damaged by firecause whatsoever, casualty or structural defects such that the same cannot Primary Lease is terminated, this Sublease shall terminate immediately upon termination of the Primary Lease. Rent and any other payments for which Sublessee is liable shall be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage apportioned and paid to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part termination, and Sublessee shall immediately deliver possession of the Leased PremisesSubleased Premises to Sublessor. (b) If all or any portion of the Subleased Premises is damaged or destroyed by any cause whatsoever, and if such damage does or destruction is not render significant enough to cause a termination of the Leased Premises unusable for Tenant's purposesPrimary Lease, Sublessor agrees, subject to Section 14A of the Primary Lease, to use good faith efforts to cause Landlord shall promptly to repair such damage at provided, however, that should any damage and/or destruction be the cost result of any act and/or omission of the Landlord. In making Sublessee, the repairs called for in this paragraphSublessee agrees that if the Landlord does not agree to repair such damage, Landlord the Sublessee shall not be liable for any delays resulting from strikesexpenses arising out of, governmental restrictionsand/or in connection with, inability Sublessor’s reparations related to obtain necessary materials or labor or other matters which are beyond any such damage and/or destruction. Notwithstanding any such damage, Sublessee shall continue to be obligated to pay all rent under this Sublease during the reasonable control period of Landlord. Tenant shall restoration (subject only to any rent abatement under the Primary Lease, as may be relieved from paying rent and other charges during any portion afforded to Sublessor pursuant to Section 14A of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposesPrimary Lease).

Damage and Destruction. Subject to Section 8 A. 8A above, if during the Term the Leased Premises or any part thereof or any appurtenance appurtenances thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety fifteen (9015) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraphsection, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term Term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph section extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or of in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is Is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if If such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictionsrestrictions , inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. Landlord may choose to restore the structures and the land, but rent will be abated until such time. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term Term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject to Section 8 A. 3.6 above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects def ects that the same cannot be used for TenantTen­ ant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises Prem­ ises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials materi­ als or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing ensu­ ing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded ref unded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance addition thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then . The Tenant shall have the right right, within ninety (90) days following damage damage, to elect deliver by written notice to Landlord to terminate termination of this Lease as of the date of such damage. In the event of minor minimal damage to any part of the Leased Premises, and if such damage does not render assert that the Leased Premises is unusable for Tenant's purposes, Landlord at his/her expense shall promptly repair such damage at the cost of the Landlorddamage. In making the repairs called for in this paragraph, Landlord shall not be liable responsible for any delays resulting from strikes, governmental restrictions, inability to obtain acquire necessary materials or equipment, labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved released from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded returned to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does docs not render the Leased Premises unusable for Tenant's ’s purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are arc to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject to Section 8 10 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for TenantLessee's purposes, then Tenant Lessee shall have the right within ninety (90) days following damage to elect by notice to Landlord Lessor to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for TenantLessee's purposes, Landlord Lessor shall promptly repair such damage at the cost of the LandlordLessor. In making the repairs called for in this paragraph, Landlord Lessor shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of LandlordLessor. Tenant Lessee shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for TenantLessee's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to TenantLessee. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond TenantLessee's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for TenantLessee's purposes.

Damage and Destruction. Subject to Section 8 A. 7(A) above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased PremisesPremises as the result of fire, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, . Landlord shall promptly repair such damage at the cost of the Landlord, so long as the damage was through no fault of Tenant. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right right, within ninety (90) days following damage damage, to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays delays, whether resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which may cause delay to such repairs, unless such delays are beyond the reasonable control of caused by Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. Notwithstanding the above, if during the term of this Lease, toxic mold or other hazardous materials are discovered in the Premises through scientific testing, and such contaminants do not arise out of any act or omission of Tenant, Tenant shall have the right to terminate this Lease with thirty (30) days notice to Landlord and shall not be subject to penalty. Landlord shall have sixty (60) days to remediate the toxic mold.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects, such damage or defects not being the result of any act of negligence by Tenant or by any of Tenant’s agents, employees or invitees, that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor labour or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject to Section 8 A. the provisions above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictionsrestrictions , inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, . Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject to Section 8 A. above, if 17.1. If during this Lease Agreement the Leased Premises Property is damaged or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects destroyed such that the same it cannot be used for Tenant's purposesbeneficially occupied, then this Lease will terminate unless the Parties agree otherwise in writing. 17.2. If there is significant damage to the Property but it can still be beneficially and legally and safely occupied, this Lease will remain in force and the Landlord shall repair the damage without undue delay and the Tenant shall be entitled to a partial reduction of the Monthly Rental so as to compensate the Tenant fairly for being deprived of beneficial occupation due to the damage and subsequent repair work carried out on the Property; provided that the Tenant shall not have any claim against the right within ninety (90) days following damage Landlord for any damages in consequence of any such deprivation, including without limitation to elect by notice costs and/or expenses incurred in relation to vacating the Property, relocation costs, finding and paying for alternative accommodation. 17.3. Should the Landlord consider that it is neither commercially nor financially feasible to reinstate or restore the Property, then the Landlord shall be entitled to terminate this Lease as Agreement. The Landlord shall inform the Tenant of such decision, via the Platform, within 30 (thirty) days after the date of such damage. In on which the event of minor damage to any part of Property was damaged and the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during entitled to a remission in Monthly Rental for any portion period that he paid for but did not have beneficial occupation of the Lease term that Property. 17.4. If the Leased Premises are inoperable or unfit for occupancyLandlord effects the necessary repairs to the Property, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods the Tenant shall be credited on obliged to accept the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to TenantProperty. The provisions Tenant shall from such date of this paragraph extend re-occupation be obliged to recommence with the Monthly Rental and all other payments. If the Property is not only made available to the matters aforesaidTenant within 30 (thirty) days after the occurrence of the damage, but also then the Tenant may at his sole election terminate this Lease Agreement by giving notice in writing to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposesLandlord.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. 9A above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. 8A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety thirty (9030) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for TenantTENANT's purposes, then Tenant TENANT shall have the right within ninety (90) days following damage to elect by notice to Landlord LANDLORD to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for TenantTENANT's purposes, Landlord LANDLORD shall promptly repair such damage at the cost of the LandlordLANDLORD. In making the repairs called for in this paragraph, Landlord LANDLORD shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of LandlordLANDLORD. Tenant TENANT shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for TenantTENANT's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to TenantTENANT. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond TenantTENANT's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for TenantTENANT's purposes.

Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's ’s purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. Landlord may choose to restore the land, but rent will be abated until such time. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's ’s purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term Term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's ’s purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's ’s reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's ’s purposes.

Damage and Destruction. Subject to Section 8 A. aboveIf the Building, improvements or other portions of the Premises are rendered partially or wholly untenantable from fire or other casualty, and if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by firesuch damage cannot, casualty or structural defects that the same cannot in Landlord's reasonable estimation, be used for Tenant's purposesmaterially restored within one hundred eighty (180) days of such damage, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to may, In its sole option, terminate this Lease as of the date of such damagefire or casualty. In landlord shall exercise its option provided herein by written notice to Tenant within sixty (60) days of such fire or casualty. For purposes hereof, the event of minor damage to any part Building, or other portions of the Leased PremisesPremises shall be deemed "materially restored" if they are in such condition as would not prevent or materially interfere with Tenant's use of the Premises for the purposes for which it was then being used. If this Lease is not terminated pursuant to the above paragraph, then Landlord shall proceed with all due diligence to repair and restore the Building, at Landlord's cost, once it has been assured of the existence of and payment of the insurance proceeds (except that Landlord may elect not to rebuild if such damage does not render occurs during the Leased Premises unusable for Tenant's purposeslast year of the term of the Lease exclusive of any option which is unexercised at the date of such damage). If the Lease shall be terminated pursuant to the above paragraph, Landlord the term of this Lease shall promptly repair end on the date of such damage at as if the cost of the Landlord. In making the repairs called for date had been originally fixed in this paragraph, Landlord Lease for the expiration of term hereof. If the Lease shall not be liable for any delays resulting from strikes, governmental restrictions, inability terminated by Landlord pursuant to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent above paragraph and other charges during any portion of in the Lease term event that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals Landlord should fail to complete such repairs and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.material

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Demised Premises or any part thereof the Building, or any appurtenance thereto is so portion of either thereof, shall be damaged during the Term by firefire or any other casualty insurable under the standard fire and extended coverage insurance policies, casualty or structural defects but are not wholly untreatable, the Landlord shall repair and/or rebuild the same as promptly as possible provided that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage proceeds from insurance policies are made available to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, The Landlord shall not be liable for required to repair or rebuild any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposestrade fixtures and equipment required to be insured by Tenant under this Article 13 nor Tenant's signs. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments Such repairs and/or replacements are to be made, any made by Tenant. In such advance payments event the Lease shall not terminate but shall remain in full force and effect and a proportionate reduction in the Minimum Rent shall be refunded made for the time required to make such repairs, except that there shall be no reduction (i) during any period that the Tenant can use and occupy the Premises without substantial inconvenience or (ii) during any period in which said repairs are delayed at the request of or by reason of any act on the part of the Tenant, which prevents or delays the repair of said Premises by Landlord. The provisions of this paragraph extend not only Landlord's obligation to the matters aforesaid, but also repair shall be subject to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premisesdelays from labor troubles, material shortages, insurance claim negotiations, or any appurtenance theretoother causes, inoperable whether similar or unfit for occupancy or usedissimilar to the foregoing, in whole or in part, for Tenantbeyond Landlord's purposescontrol.

Damage and Destruction. Subject to Section 8 A. above, if If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects, such damage or defects not being the result of any act of negligence by Tenant or by any of Tenant's agents, employees or invitees, that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease Agreement as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease rental term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes.

Damage and Destruction. Subject Without prejudice to Section section 8 A. aboveAbove, if the Leased Premises prizes or any part thereof of them or any appurtenance thereto other application is so damaged by firefires, casualty losses or structural defects that the same cannot be used for Tenant's tenant purposes, then Tenant shall have has the right Law within ninety (90) days following after the damage to elect by notice to from Landlord to terminate interrupt this Lease as of rental starting from the date of such this damage. In the event of minor damage to any part anywhere of the Leased Premisesawards, and if such damage does not render the make Leased Premises awards unusable for Tenant's purposesthe purposes of the duty, Landlord shall will promptly repair such damage at to the cost of the Landlord. In making the repairs called for required in this paragraph, Landlord shall will not be liable responsible for any delays resulting deriving from strikes, governmental government restrictions, inability incapacity to obtain necessary materials or labor work or other matters which issues that are beyond at the reasonable control Landlord control. The tenant must be raised by the payment of Landlord. Tenant shall be relieved from paying the rent and other charges during any portion part of the Lease term lease that the Leased Premises awards are inoperable or unfit unsuitable for occupancyemployment, or use, in whole or in part, for Tenant's purposestenant purposes . Rentals and The other charges taxes paid in advance for any such these periods shall be credited are accredited on the next ensuing subsequent payments, if anywhere appropriate, but if no further payments are to will be made, any such advance payments shall prepayment payment will be refunded reimbursed to Tenantthe lieutenant. The provisions of this paragraph extend not only to the matters aforesaidpredicted issues, but also to any occurrence which event that is beyond Tenant's at the reasonable control of Tenant and which renders makes the Leased Premiseslocal Leased, or any appurtenance theretoobservance, inoperable or unfit unsuitable for occupancy employment or use, in whole or in part, for Tenantpart, Lieutenant's purposes. â 15.