Common use of DAMAGE BY FIRE; CASUALTY Clause in Contracts

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and shall repair such damage as soon as reasonably possible and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s option, either (i) repair such damage, at Landlord’s expense, as soon as reasonably possible, in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages of Landlord’s intention to cancel and terminate this lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other of its’ election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destruction. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph Section 11, Landlord shall be entitled to the use of all insurance proceeds and and, subject to this Section 15 below, shall repair such damage as soon as reasonably possible and this lease Lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph Section 11, Landlord may, at Landlord’s option, either (i) repair such damage, at Landlord’s expense, as soon as reasonably possible, in which event this lease Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty ten (3010) days after the date of the occurrence of such damages damage of Landlord’s intention to cancel and terminate this lease Lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the PremisesProperty. If the Premises are totally destroyed during the term Lease Term from any cause (including any destruction required by any authorized public authority)cause, whether or not covered by the insurance required under paragraph Section 11, this lease Lease shall automatically terminate as of the date of such total destruction; provided. Notwithstanding the foregoing, however, that if the Premises can reasonably are damaged by any casualty and lawfully cannot be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other of its’ election to do so within thirty (30) days after the occurrence date of such damage. If , Tenant shall have the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant right to terminate this lease, Lease effective as of the rent payable hereunder for the period during which date of such damage and repair continues shall be abated only in proportion by giving written notice of such termination to Landlord within thirty (30) days after the square footage date of the Premises rendered untenantable to Tenant by such damage or destructiondamage. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destructionrestoration. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 Section 15 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and shall repair such damage as soon as reasonably possible and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s 's option, either (i) repair such damage, at Landlord’s 's expense, as soon as reasonably possible, in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages of Landlord’s 's intention to cancel and terminate this lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s 's intention to repair such damage at Tenant’s 's expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s 's personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ ' option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other of its’ ' election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s 's election under this paragraph 17 not to repair or restore such damage or destruction. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and shall repair such damage as soon as reasonably possible and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s 's option, either (i1) repair such damage, at Landlord’s 's expense, as soon as reasonably possible, in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages of Landlord’s 's intention to cancel and terminate this lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission of by Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s 's intention to repair such damage at Tenant’s 's expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s 's personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the said insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ Landlord's option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other Tenant of its’ Landlord's election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destructionrestoration. The parties waive the provisions of California Civil Code sections Sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 16 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and shall repair such damage as soon as reasonably possible and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s 's option, either (i) repair such damage, at Landlord’s 's expense, as soon as reasonably possible, in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages of Landlord’s 's intention to cancel and terminate this lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s 's intention to repair such damage at Tenant’s 's expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s 's personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ Landlord's option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other Tenant of its’ Landlord's election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destructionrestoration. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destruction. Landlord shall notify Tenant within thirty (30) days following any damage to or destruction of the Premises (or the Building if such damage or destruction interferes with Tenant's use of the Premises) the length of time Landlord reasonably estimates to be necessary for repair or restoration. Tenant shall have the right to terminate the lease within thirty (30) days following receipt of such notice if restoration or repair of the Premises will take more than two hundred forty (240) days from the date of the damage or destruction and Tenant's use of the Premises will still be materially interfered with at the end of such two hundred forty (240) day period.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and shall repair such damage as soon as reasonably possible and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s 's option, either (i) repair such damage, at Landlord’s 's expense, as soon as reasonably possible, in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages of Landlord’s 's intention to cancel and terminate this lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s 's intention to repair such damage at Tenant’s 's expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s 's personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ its option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other of its’ its election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder (including Tenant's proportionate share of common area charges) for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destructionrestoration. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and shall repair such damage as soon as reasonably possible and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s 's option, either (i) repair such damage, at Landlord’s 's expense, as soon as reasonably possible, in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages of Landlord’s 's intention to cancel and terminate this lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s 's intention to repair such damage at Tenant’s 's expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s 's personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term from any cause (including any destruction required by any authorized public authority), ) whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If Landlord is required or has elected to restore damage caused by a casualty, regardless of whether or not such casualty is covered under an insurance policy required to be maintained by Landlord, Landlord shall give written notice to Tenant within thirty (30) days of the date of the event of damage or destruction setting forth Landlord's reasonable estimate of the period required to effect the repair. If such period is in excess of one hundred eighty (180) days, then provided Tenant is not in default hereunder and that the damage was not caused by Tenant or its agents, invitees, or employees, Tenant shall have, within three (3) days after the date of such notice, the right to terminate this lease by written notice of such election delivered to Landlord within said three (3) day period. Failure of Tenant to so notify Landlord within said three (3) day period shall constitute Tenant's irrevocable election not to terminate this lease. If Tenant gives written notice of termination within said three (3) day period, then the lease shall automatically terminate as of the date of such damage or destruction. If Tenant does not elect to terminate the lease within said three (3) day period, the lease shall remain in full force and effect, and Landlord shall repair the Premises in accordance with this paragraph 17. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant party may at either parties’ option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other party of its’ such party's election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destructionrestoration. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In If all or any portion of the event the Premises are premises is damaged by any fire or other casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11insurance, Landlord shall be entitled to not caused by the use fault or neglect of all insurance proceeds and shall repair such damage as soon as reasonably possible Lessee, Lessee’s employees or agents, and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty is not fully covered under an insurance policy required to be maintained terminated pursuant to paragraph 11any of its provisions, Landlord may, at Landlord’s option, either (i) repair such damage, at Landlord’s expense, as soon as reasonably possible, in which event this lease rent shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after xxxxx from the date of the occurrence of such damages of Landlord’s intention to cancel and terminate this lease as in the proportion that the area of the date portion of the occurrence premises rendered unusable for the permitted uses bears to the entire area of the damages; provided, however, that if such premises. The abatement of rent shall continue until the damage shall be repaired. If the fire or other casualty is caused by the fault or neglect of Lessee, Lessee’s employees or agents, rent shall xxxxx only to the extent any rent is paid by an act insurance company. This lease shall not terminate as a result of fire or omission of Tenant or its agent, servants or employees, then Tenant other casualty except that Lessor shall repair such damage promptly at its sole cost and expense. In have the event Landlord elects option to terminate this lease pursuant heretoif all or a substantial portion of the premises, Tenant in the option of Lessor, shall have the right be damaged by fire or other casualty. The option may be exercised by giving notice of termination to Lessee within ten ninety (1090) days after receipt following the occurrence. Lessee waives all rights to terminate or cancel this lease by reason of damage to the premises as a result of fire and other casualty pursuant to any statute or law in existence or enacted in the future. If all or any portion of the required notice to notify Landlord in writing of Tenant’s intention premises is damaged by fire or other casualty covered by insurance and this lease is not terminated, Lessor shall proceed with due diligence to repair such damage or rebuild the premises to its condition immediately prior to the occurrence. Lessor shall not be obligated to expend any sums for repair or rebuilding in an amount greater than the proceeds of insurance carried by Lessor. Lessor shall be permitted to take materials and laborers into the premises to make repairs which shall not constitute an eviction of Lessee from all or part of the premises and Lessor shall not be liable in damages for loss or interruption of Lessee’s business or otherwise. If Lessee is not personally present to permit entry into the premise when entry is required, Lessor may enter the premises by a master key or other means without Lessor being liable therefore or in any manner affecting the obligations of this lease. If repairs or rebuilding are not completed within nine (9) months following the occurrence causing the damage, Lessee, at TenantLessee’s expense, without reimbursement from Landlord, in which event option may terminate this lease and in no event shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord Lessor be required to repair or replace Lessee’s stock in trade, fixtures, furniture, furnishings, floor coverings and equipment. Lessor and Lessee hereby release each other, their officers, directors, partners, employees and agents, from liability or responsibility for any injury loss or damage to property covered by valid and collectible fire insurance and extended coverage provisions. This release shall apply; (A) to liability and responsibility of the parties to each other and to anyone claiming through or under the parties by way of subrogation or otherwise; (B) if the damage shall have resulted from the fault of negligence of a party or anyone for whom a party may be responsible; (C) only to loss or damage paid for by an insurance company; and (D) to loss or damage to property when the loss or damage occurs when the fire or other cause), or to make any restoration or replacement of, any and extended coverage insurance policies of Tenant’s personal property, trade fixtures or property leased from third parties, whether or not the same is attached a party contain a clause of endorsement to the Premises. If effect that any release shall not adversely affect or impair the Premises are totally destroyed during policies or prejudice the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as right of the date of such total destruction; provided, however, party to recover thereunder. Lessor and Lessee agree that if any insurance policies covering the Premises can reasonably and lawfully be repaired premises or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair their contents shall include this clause or restoration, then the insurance proceeds endorsement as long as it shall be obtainable without extra cost, or, if extra cost is charged therefore, so applied, Landlord shall promptly repair and restore long as the Premises and this lease shall continue, without interruption, in full force and effect. If responsible party pays the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other of its’ election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destruction. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destructionextra cost.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged ------------------------ by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and shall repair such damage as soon as reasonably possible and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s 's option, either (i) repair such damage, at Landlord’s 's expense, as soon as reasonably possible, in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages damage of Landlord’s 's intention to cancel and terminate this lease as of the date of the occurrence of the damagesdamage; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s 's intention to repair such damage at Tenant’s 's expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s 's personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the said insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ Landlord's option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other Tenant of its’ Landlord's election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them the pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destructionrestoration. The parties waive the provisions of California Civil Code sections Sections 1932(2) and AND 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 16 shall govern in the event of such destructionthe destruction of the Premises.

DAMAGE BY FIRE; CASUALTY. In the event If the Premises are or any part of the Project is damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11fire or other casualty, Landlord shall be entitled to the use of all insurance proceeds and shall promptly repair such damage as soon as reasonably possible if, in Landlord's judgement, such repair can be made within one hundred twenty (120) days consistent with the laws and regulations of the state, federal, county and municipal authorities having jurisdiction, and this lease shall continue remain in full force and effect. In the event , provided that if there shall be damage to the Premises are damaged from any such cause, Tenant shall be entitled to a reduction of rent, as reasonably calculated by any casualty not fully covered under an insurance policy required Landlord, while such repair is being made in the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises. Tenant hereby waives the provisions of Sections 1932 (2) and 1933 (4) of the California Civil Code. If such repairs cannot, in Landlord's judgement, be maintained pursuant to paragraph 11made within one hundred twenty (120) days, Landlord may, at Landlord’s option, shall have the option to either (i) repair such damage, at Landlord’s expense, as soon as reasonably possible, in which event this lease shall continue continuing in full force and effecteffect but with the rent proportionately reduced upon the condition and as above provided, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages of Landlord’s intention to cancel and terminate this lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other of its’ election to do so time within thirty (30) days after the occurrence of such damagedamage terminating this lease as of the date specified in such notice, which shall be not less than thirty (30) nor more than one hundred twenty (120) days after the giving of such notice. If such notice of termination is given, this lease and all interest of Tenant in the Premises are partially shall terminate on the date specified in the notice and all payments of rent reduced by any proportionate reduction, shall be paid up to the date of such termination. Landlord shall refund to Tenant any rent previously paid for any period of time subsequent to the date of termination. If (i) the damage to the Premises renders more than fifty percent (50%) of the Premises untenantable, (ii) the damage is not due to the act or totally destroyed or damaged omission of Tenant, and (iii) Landlord or has not completed the repairs within one hundred eighty (180) days from the date of occurrence of such damage, then Tenant repair them pursuant may terminate this lease by giving notice to Landlord at any time within thirty (30) days after the end of said one hundred eighty (180) day period, said notice to specify a termination date of no later than sixty (60) days from the date of such notice. Notwithstanding any other provision of this lease, Landlord shall in no event be required to repair any injury or damage by fire or other cause whatsoever to, or make any repairs or replacements of, any paneling, decorations, movable partitions, trade of office fixtures or any other property of, or improvements installed on the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion Premises by, Tenant. Notwithstanding anything to the square footage contrary contained in this paragraph 17: (i) Tenant shall not be entitled to any compensation or damages for loss of use of the whole or any part of the Premises rendered untenantable to Tenant and/or for any inconvenience or annoyance occasioned by such damage or destruction. Tenant from the repair, restoration or reconstruction thereof; (ii) in the event that the damage is due to any cause other than fire or other peril covered by extended coverage insurance, then Landlord may elect to terminate this lease; (iii) should Landlord be delayed or prevented from repairing the damaged Premises within one year after the occurrence of such damage by act of God, war, governmental restriction, inability to produce necessary labor or materials or other causes beyond the reasonable control of Landlord, then Landlord shall have no claim against Landlord for any damage, loss or expense suffered by reason be relieved of any its obligation to make such damage, destruction, repair or restoration or Landlord’s election and Tenant shall be released from its obligation under this paragraph 17 not to repair or restore such damage or destruction. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction as of the leased premises), and hereby agree that the provisions end of this paragraph 17 shall govern in the event of such destructionsaid one-year period.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and shall repair such damage as soon as reasonably possible and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s option, either (i) repair such damage, at Landlord’s expense, as soon as reasonably possible, in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages of Landlord’s intention to cancel and terminate this lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission California Industrial Lease Form of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve six (126) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other of its’ election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destruction. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premisesPremises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph Section 11, Landlord shall be entitled to the use of all insurance proceeds and and, subject to this Section 17 below, shall repair such damage as soon as reasonably possible and this lease Lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph Section 11, Landlord may, at Landlord’s option, either (i) repair such damage, at Landlord’s expense, as soon as reasonably possible, in which event this lease Lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages damage of Landlord’s intention to cancel and terminate this lease Lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s intention to repair such damage at Tenant’s expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term Lease Term from any cause (including any destruction required by any authorized public authority)cause, whether or not covered by the insurance required under paragraph Section 11, this lease Lease shall automatically terminate as of the date of such total destruction; provided. Notwithstanding the foregoing, however, that if the Premises can reasonably are damaged by any casualty and lawfully cannot be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other of its’ election to do so within thirty (30) days after the occurrence date of such damage, Tenant shall have the right to terminate this Lease effective as of the date of such damage by giving written notice of such termination to Landlord within thirty (30) days after the date of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair repairs them pursuant to this leaseLease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destructionrestoration. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph Section 17 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered by any insurance actually carried by Landlord under paragraph 11 or which would be covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and and, subject to this paragraph 17 below, shall repair such damage as soon as reasonably possible and this lease Lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s option, either (i) repair such damage, at Landlord’s expense, as soon as reasonably possible, in which event this lease Lease shall continue in full force and effect, or (ii) if the loss exceeds ten percent (10%) of the replacement cost of the building of which the Premises form a part, give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages damage of LandlordXxxxxxxx’s intention to cancel and terminate this lease Lease as of the date of the occurrence of the damages; provideddamage. Notwithstanding the preceding sentence, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In in the event Landlord elects to terminate this lease Lease pursuant heretoto clause (ii) above, Tenant shall have the right right, within ten (10) days after receipt of the required notice notice, to notify Landlord in writing of Tenant’s intention to contribute such amount, which, when added to the aggregate of (A) the amount equal to ten (10%) of the replacement cost of the building of which the Premises form a part (which amount shall be contributed by Landlord in the event of any casualty) (“Landlord’s Contribution”), and (B) any earthquake insurance proceeds actually received by Landlord (if the uninsured casualty is an earthquake and Landlord actually maintains earthquake insurance), is sufficient to repair such damage damage, at Tenant’s expense, without reimbursement from LandlordLandlord (such amount being the “Tenant’s Contribution”), in which event this lease Lease shall continue in full force and effect and Tenant Landlord shall proceed to make such repairs as soon as reasonably possiblepossible after Landlord receives all of the amounts described in this sentence above. If Tenant does not give such notice within the ten (10) day period, this lease Lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally damaged or destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises but can reasonably and lawfully be repaired or restored within twelve two hundred twenty-five (12225) months of days, after the date of destruction (assuming no Force Majeure, as defined above) to substantially the condition existing prior to such destruction and if the aggregate of (A) the proceeds of the insurance payable to the Landlord by reason of such destruction destruction, (B) Landlord’s Contribution, (C) the deductible from Landlord’s insurance and (D) any Tenant’s Contribution which Tenant elects to contribute are sufficient to pay the cost of such repair or restoration, then the insurance proceeds proceeds, deductible amounts, Landlord’s Contribution (if applicable) and Tenant’s Contribution (if applicable) shall be so applied, and Landlord shall promptly repair and restore the Premises and this lease Lease shall continue, without interruption, in full force and effect. If Landlord’s good faith, reasonable estimate of the time period to restore the Premises to substantially the condition existing prior to such damage exceeds two hundred twenty-five (225) days after the date of destruction (assuming no Force Majeure), Landlord shall have the right to either terminate this Lease or to elect to restore the Premises. Landlord shall give written notice to Tenant of its election to terminate or restore within forty-five (45) days from the date of such damage. If Landlord elects to restore, the notice shall include Landlord’s good faith, reasonable estimate of the period required to effect such repair (“Restoration Estimate”). If the Restoration Estimate is in excess of two hundred twenty-five (225) days after the date of the destruction (assuming no Force Majeure), then regardless of whether the damage was caused by an insured casualty and provided that an Event of Default does not then exist under this Lease and that such damage or destruction was not caused by Tenant or its agents, invitees or employees, Tenant shall have the right to terminate this Lease by written notice of such election delivered to Landlord within ten (10) days after the date of Landlord’s notice. Failure of Tenant to give Landlord written notice of termination within said ten (10) days shall constitute Tenant’s irrevocable election not to terminate this Lease, and Landlord shall thereafter commence the repair and restoration of the Premises as soon as reasonably possible. If Landlord has not completed the repair and restoration of the Premises within thirty (30) days after the estimated date for completion in Landlord’s Restoration Estimate (which thirty (30) day period shall be extended for any period of Force Majeure), then as Tenant’s sole remedy (in addition to the abatement described in the following subparagraph of this paragraph 17), Tenant shall be entitled to one day’s additional abatement of basic rent for each day from and after said thirtieth (30th) day until Landlord completes the restoration of the Premises and delivers possession thereof to Tenant. Said basic rent abatement shall be applied to the first basic rent coming due under the Lease after Landlord’s completion of the restoration. If the Premises are totally destroyed damaged during the last twelve six (126) months of the term, term and the estimated restoration period exceeds sixty (60) days after the occurrence of such damage or destruction (assuming no Force Majeure) either Landlord or Tenant may at either parties’ option cancel and terminate this lease Lease as of the date of occurrence of such damage by giving written notice to the other party of its’ the terminating party’s election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this leaseLease, the rent payable hereunder for the period during which such damage and repair continues until sufficient restoration is completed to make the Premises reasonably suitable for occupancy, shall be abated only in proportion abated, without regard to Landlord’s rental interruption insurance, to the square footage extent that the damage and destruction, and the repair and restoration thereof, unreasonably interferes with Tenant’s use of the Premises rendered untenantable Premises. Except to Tenant the extent expressly set forth in this paragraph 17 and except for a breach by such damage or destruction. Landlord of any obligations it may have under this paragraph 17, Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destructionrestoration. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and shall repair such damage as soon as reasonably possible and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s 's option, either (i) repair such damage, at Landlord’s 's expense, as soon as reasonably possible, in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages of Landlord’s 's intention to cancel and terminate this lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s 's intention to repair such damage at Tenant’s 's expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s 's personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed (or the entire Premises is rendered untenantable due to a partial destruction) during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ ' option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other of its’ ' election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destructionrestoration. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by ------------------------ any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and and, subject to this paragraph 17, shall repair such damage as soon as reasonably possible and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s 's option, either (i) repair such damage, at Landlord’s 's expense, as soon as reasonably possible, in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages damage of Landlord’s 's intention to cancel and terminate this lease as of the date of the occurrence of the damagesdamage; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s 's intention to repair such damage at Tenant’s 's expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s 's personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally damaged or destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises but can reasonably and lawfully be repaired or restored within twelve two hundred ten (12210) months days of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If Landlord estimates that the Premises cannot reasonably be repaired or restored within two hundred ten (210) days after the date of destruction to substantially the condition existing prior to such destruction, Landlord shall have the right to either terminate this Lease or to elect to restore the Premises. Landlord shall give written notice to Tenant of its election to terminate or restore within forty-five (45) days from the date of such damage. If Landlord elects to restore, the notice shall include Landlord's reasonable estimate of the period required to effect such repair. If the estimated time to repair is in excess of two hundred ten (210) days, then provided Tenant is not in monetary default hereunder and that such damage or destruction was not caused by Tenant or its agents, invitees or employees, Tenant shall have the right to terminate this Lease by written notice of such election delivered to Landlord within ten (10) days after the date of Landlord's notice. Failure of Tenant to give Landlord written notice of termination within said ten (10) days shall constitute Tenant's irrevocable election not to terminate this Lease, and Landlord shall thereafter commence the repair and restoration of the Premises as soon as reasonably possible. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ Landlord's option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other Tenant of its’ Landlord's election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destructionrestoration. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, or in the event the Premises are damaged by any casualty not covered under an insurance policy required to be maintained pursuant to paragraph 11 and the cost of restoration is less than fifty thousand dollars ($50,000.00), Landlord shall be entitled to the use of all insurance proceeds and shall repair such damage as soon as reasonably possible and restore the Premises to substantially the condition existing prior to such damage, and this lease shall continue in full force and effecteffect provided however in the event the Premises cannot be reasonably and lawfully restored within nine (9) months of the date of such damage, either party may terminate this Lease effective upon written notice of termination given to the other party within thirty (30) days of the date of such damage. Tenant shall on demand pay to Landlord the amount equal to the deductible under any such insurance, except as provided in paragraph 11. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 1111 and the cost of restoration is fifty thousand dollars ($50,000.00) or more, Landlord may, at Landlord’s 's option, either (i) repair such damage, at Landlord’s 's expense, as soon as reasonably possible, possible in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages of Landlord’s 's intention to cancel and terminate this lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission to act of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s 's intention to repair such damage at Tenant’s 's expense, without reimbursement from Landlord, in which event this the lease shall continue in to full force and effect and Tenant shall proceed to make such repairs as soon as reasonably possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled cancelled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s 's personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve nine (129) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are is sufficient to pay the cost of such repair or restoration, then the said insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ Landlord's option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other Tenant of its’ Landlord's election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable unusable to Tenant or Tenant's business operations by reason of such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s election under this paragraph 17 not to repair or restore such damage or destruction. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destruction.

DAMAGE BY FIRE; CASUALTY. In the event the Premises are damaged by any casualty which is fully covered under an insurance policy required to be maintained by Landlord pursuant to paragraph 11, Landlord shall be entitled to the use of all insurance proceeds and shall repair such damage as soon as reasonably possible and this lease shall continue in full force and effect. In the event the Premises are damaged by any casualty not fully covered under an insurance policy required to be maintained pursuant to paragraph 11, Landlord may, at Landlord’s 's option, either (i) repair such damage, at Landlord’s 's expense, as soon as reasonably possible, in which event this lease shall continue in full force and effect, or (ii) give written notice to Tenant within thirty (30) days after the date of the occurrence of such damages of Landlord’s 's intention to cancel and terminate this lease as of the date of the occurrence of the damages; provided, however, that if such damage is caused by an act or omission of Tenant or its agent, servants or employees, then Tenant shall repair such damage promptly at its sole cost and expense. In the event Landlord elects to terminate this lease pursuant hereto, Tenant shall have the right within ten (10) days after receipt of the required notice to notify Landlord in writing of Tenant’s 's intention to repair such damage at Tenant’s 's expense, without reimbursement from Landlord, in which event this lease shall continue in full force and effect and Tenant shall proceed to make such repairs as soon as reasonably reasonably. possible. If Tenant does not give such notice within the ten (10) day period, this lease shall be canceled and terminated as of the date of the occurrence of such damage. Under no circumstances shall Landlord be required to repair any injury or damage to (by fire or other cause), or to make any restoration or replacement of, any of Tenant’s 's personal property, trade fixtures or property leased from third parties, whether or not the same is attached to the Premises. If the Premises are totally destroyed during the term from any cause (including any destruction required by any authorized public authority), whether or not covered by the insurance required under paragraph 11, this lease shall automatically terminate as of the date of such total destruction; provided, however, that if the Premises can reasonably and lawfully be repaired or restored within twelve (12) months of the date of destruction to substantially the condition existing prior to such destruction and if the proceeds of the insurance payable to the Landlord by reason of such destruction are sufficient to pay the cost of such repair or restoration, then the insurance proceeds shall be so applied, Landlord shall promptly repair and restore the Premises and this lease shall continue, without interruption, in full force and effect. If the Premises are totally destroyed during the last twelve (12) months of the term, either Landlord or Tenant may at either parties’ ' option cancel and terminate this lease as of the date of occurrence of such damage by giving written notice to the other of its’ ' election to do so within thirty (30) days after the occurrence of such damage. If the Premises are partially or totally destroyed or damaged and Landlord or Tenant repair them pursuant to this lease, the rent payable hereunder for the period during which such damage and repair continues shall be abated only in proportion to the square footage of the Premises rendered untenantable to Tenant by such damage or destruction. Tenant shall have no claim against Landlord for any damage, loss or expense suffered by reason of any such damage, destruction, repair or restoration or Landlord’s 's election under this paragraph 17 not to repair or restore such damage or destruction. The parties waive the provisions of California Civil Code sections 1932(2) and 1933(4) (which provisions permit the termination of a lease upon destruction of the leased premises), and hereby agree that the provisions of this paragraph 17 shall govern in the event of such destruction.