Common use of DAMAGE BY FIRE, ETC Clause in Contracts

DAMAGE BY FIRE, ETC. Lessee agrees that it will, during the preliminary and original terms hereof and during any renewal terms, at its expense, take out and keep in effect upon the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but in any event, in an amount equal to not less than eighty per centum (80%) of the "insurable value" of the building improvements thereon, and boiler and pressure vessel insurance on all equipment, parts thereof and appurtenances attached or connected to the leased premises which by reason of their use or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appear. In the event of loss of or damage to said building improvements by fire or other casualty during the preliminary or original terms or any renewal term which shall not result in the termination of this Lease as hereinafter in this Article Eleventh provided, Lessee agrees, promptly after any such damage by fire or other casualty, and at its expense, to rebuild or repair said building improvements or construct a new building on the leased premises in conformity with the requirements of Article Sixth hereof, so that, after completion of such repair, the building

DAMAGE BY FIRE, ETC. Lessee agrees that it will, during If the preliminary and original terms hereof and during any renewal terms, at its expense, take out and keep in effect upon Premises or the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but in any event, in an amount equal to not less than eighty per centum (80%) of the "insurable value" of the building improvements thereon, and boiler and pressure vessel insurance on all equipment, parts thereof and appurtenances attached or connected to the leased premises which by reason of their use or existence Building are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appear. In the event of loss of or damage to said building improvements by fire or other casualty during the preliminary or original terms or any renewal term which shall not result in the termination of this Lease as hereinafter in this Article Eleventh provided, Lessee agrees, promptly after any such damage damaged by fire or other casualty, Landlord shall forthwith repair the same, provided that such repairs can be made within one hundred eighty (180) days after the date of such damage under the laws and at its expenseregulations of the federal, state and local governmental authorities having jurisdiction thereof. In such event, this Lease shall remain in full force and effect except that Tenant shall be entitled to rebuild a proportionate reduction of Rent and Additional Charges while such repairs to be made hereunder by Xxxxxxxx are being made. Such reduction of rent, if any, shall be based upon the greater of (i) the proportion that the area of the Premises rendered untenantable by such damage bears to the total area of the Premises; or (ii) the extent to which such damage and the making of such repairs by Landlord shall interfere with the business carried on by Tenant in the Premises, where clause (ii) is limited to the extent of rental abatement insurance allowed by Landlord's casualty insurance policy. Within twenty (20) days after the date of such damage, Landlord shall notify Tenant whether or not in Landlord's reasonable opinion such repairs can be made within one hundred eighty (180) days after the date of such damage and Landlord's determination thereof shall be binding on Tenant. If such repairs cannot be made within one hundred eighty (180) days from the date of such damage, Landlord shall have the option within thirty (30) days after the date of such damage either to: (i) notify Tenant of Landlord's intention to repair such damage and diligently prosecute such repairs, in which event this Lease shall continue in full force and effect and the Rent and Additional Charges shall be reduced as provided herein; or (ii) notify Tenant of Landlord's election to terminate this Lease as of a date specified in such notice, which date shall not be less than thirty (30) days nor more than sixty (60) days after notice is given. In the event that such notice to terminate is given by Landlord, this Lease shall terminate on the date specified in such notice. In the event that Landlord notifies Tenant that restoration or repair said building improvements of the Premises will take more than one hundred and eighty (180) days, Tenant shall have a right to terminate the Lease within fifteen (15) days following receipt of Landlord's notice, by providing Landlord with written notice of its election to do so - in such event (and also in the event Landlord terminates the lease pursuant to the immediately preceding sentence), Tenant shall have no liability for payment of the deductible under Landlord's insurance relating to such damage. In the event this Lease is no terminated by Tenant, as provided for in the immediately preceding sentence, or construct by Landlord as provided above, Landlord shall proceed diligently to restore the Premises to a new building on condition at least comparable to that existing immediately prior to such damage, and Tenant shall have the leased premises in conformity with the requirements of Article Sixth hereof, so that, after completion of such repair, the buildingadditional right to terminate this Lease if

DAMAGE BY FIRE, ETC. Lessee agrees that it will, during 22.1 In the preliminary event the Premises or the Building are damaged by fire or other cause and original terms hereof and during any renewal terms, at its expense, take out and keep in effect upon the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but in any event, in an amount equal to not less than eighty per centum Landlord's reasonable estimation such damage can be materially restored within one hundred twenty (80%120) days of the "insurable value" casualty, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of the building improvements thereon, and boiler and pressure vessel insurance on all equipment, parts thereof and appurtenances attached or connected to the leased premises which by reason such damage. Such abatement of their use or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance rent shall be made pro rata in accordance with the extent to Lessor and/or Lessee and/or Beneficiarywhich the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within sixty (60) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlords's reasonable estimation of the length of time within which material restoration can be made, and Landlord's determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed "materially restored" if they are in such condition as their respective interests may appearwould allow Tenant to use the Premises for the purpose for which it was being used immediately before such damage. 22.2 If such repairs cannot, in Landlord's architects or engineers reasonable estimation, be made within one hundred twenty (120) days from the date of the casualty, Landlord and Tenant shall each have the option of giving the other, at any time within sixty (60) days after such damage, notice terminating this Lease as of the date of such damage. In the event of the giving of such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate as of the date of such damage as if such date had been originally fixed in this Lease for the expiration of the Term. In the event that neither Landlord nor Tenant exercises its option to terminate this Lease, then Landlord shall repair or restore such damage, this Lease continuing in full force and effect, and the rent and additional payments due hereunder shall be proportionately abated as provided in Section 22.1. 22.3 Landlord shall not be required to repair or replace any damage or loss of by or from fire or other cause to any paneling, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Premises or belonging to Tenant. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or Premises shall be for the sole benefit of the party carrying such insurance and under its sole control. 22.4 In the event that Landlord does not commence such repairs and material restoration within forty five (45) days after the date estimated by Landlord therefor as extended by this Section 22.4, and, diligently complete within forty five (45) days of such estimation, Tenant may at its option and as its sole remedy terminate this Lease by delivering written notice to Landlord, within fifteen (15) days after the expiration of said building improvements period of time, whereupon the Lease shall end on the date of such notice or such later date fixed in such notice as if the date of such notice was the date originally fixed in this Lease for the expiration of the Term; provided, however, that if construction is delayed because of changes, deletions or additions in construction requested by fire Tenant, strikes, lockouts, casualties, Acts of God, war, material or labor shortages, government regulation or control or other causes beyond the reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. 22.5 Notwithstanding anything to the contrary contained in this Article: (a) Landlord shall not have any obligation whatsoever to repair, reconstruct, or restore the Premises when the damages resulting from any casualty covered by the provisions of this Article 22 occur during the preliminary or original terms last twelve (12) months of the Term or any renewal term which extension thereof, but if Landlord determines not to repair such damages Landlord shall not result notify Tenant and if such damages shall render any material portion of the Premises untenantable Tenant shall have the right to terminate this Lease by notice to Landlord within fifteen (15) days after receipt of Landlord's notice; and (b) in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises or Building requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term. 22.6 In the event of any damage or destruction to the Building or Premises by any peril covered by the provisions of this Lease as hereinafter in this Article Eleventh provided22, Lessee agreesit shall be Tenant's responsibility to properly secure the Premises and upon notice from Landlord to remove forthwith, promptly after any such damage by fire or other casualty, and at its sole cost and expense, such portion or all of the property belonging to rebuild Tenant or repair said building improvements its licensees from such portion or construct a new building on all of the leased premises in conformity with the requirements of Article Sixth hereof, so that, after completion of such repair, the buildingBuilding or Premises as Landlord shall request.

DAMAGE BY FIRE, ETC. Section 1. If the demised premises or the Building shall be damaged or destroyed by fire, windstorm or any other insured casualty, the Lessee agrees that it willshall immediately give notice, during thereof to the preliminary Lessor and original terms hereof and during any renewal termsunless this Lease is terminated as hereinafter provided, the Lessor, at its his own expense, take out shall repair or rebuild the same so as to restore the demised premises to substantially the same condition they were in immediately prior to such damage or destruction, subject, however, to zoning and keep building laws then in effect upon existence, provided that the leased premisesLessor shall not be responsible for any delay in such repair or reconstruction which may result from any cause beyond its reasonable control, fire insurance with extended coverage endorsement, in an and provided further that Lessor shall not be required to expend more than the net amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but proceeds, if any received, by Lessor for such purposes it being understood that the application of insurance proceeds is subject to the right of any first mortgagee of the demised premises. Notwithstanding the foregoing, if Lessor does not repair or rebuild the demised premises so as to restore the demised premises to substantially the same condition they were in any eventimmediately prior to the destruction, in an amount equal within One Hundred Eighty days (180) following the date of such damage or destruction, then Lessee may elect to not less than eighty per centum cancel this Lease upon notice to Lessor. Section 2. If either the demised premises or the Building shall be damaged or destroyed to the extent of twenty-five percent (8025%) or more on a square footage basis by any cause (whether insured against by the Lessor or not), the Lessor may elect by written notice to Lessee either to terminate this Lease or to repair or rebuild on the conditions set forth in Section 1. Section 3. If the demised premises or the Building shall, within the last year of the "insurable value" original term of this lease or the last year of the building improvements thereonextended term hereof, and boiler and pressure vessel insurance on all equipmentbe damaged or destroyed by any cause to such an extent that the same cannot reasonably be expected to be restored to substantially the same condition as prior to such damage or destruction within ninety (90) days from the time that such repair or restoration would be commenced, parts thereof and appurtenances attached then shall have the right to terminate this Lease by notice to given within sixty (60) days after the occurrence of such damage or connected to the leased premises which by reason of their use or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appeardestruction. Section 4. In the event of loss of that the demised premises or damage to said building improvements Building is damaged or destroyed by fire any cause, then, unless this Lease is terminated as provided above, the Lessee at its own expense and proceeding with all reasonable dispatch, shall repair or replace its trade fixtures, equipment, signs or other casualty during the preliminary property installed by or original terms or any renewal term belonging to Lessee which shall not result in the termination of be damaged or destroyed. Section 5. If this Lease is not terminated as hereinafter in this Article Eleventh above provided, Lessee agreesthen, promptly from and after any such damage by fire or other casualty, which is material and at its expense, to rebuild or repair said building improvements or construct a new building on the leased until demised premises in conformity with the requirements of Article Sixth hereof, so that, after completion of such repairare restored as above provided, the buildingrent reserved hereunder shall abatx xxxher wholly or proportionately according to the nature and extent of the injury.

DAMAGE BY FIRE, ETC. Lessee agrees that it will, during If the preliminary and original terms hereof and during any renewal terms, at its expense, take out and keep in effect upon the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but in any event, in an amount equal to not less than eighty per centum (80%) of the "insurable value" of the building improvements thereon, and boiler and pressure vessel insurance on all equipment, parts thereof and appurtenances attached or connected to the leased premises which by reason of their use or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance Subleased Premises shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appear. In the event of loss of or damage to said building improvements partially damaged by fire or other casualty during insured under Sublandlord's insurance policies, and if DRI or its applicable lender(s) shall permit insurance proceeds paid as a result thereof to be so used, then upon receipt of the preliminary insurance proceeds, Sublandlord is obligated, except as otherwise provided herein, to promptly repair and restore the same (exclusive of improvements made by Subtenant and exclusive of Subtenant's trade fixtures, decorations, signs and contents) substantially to the condition thereof immediately prior to such damage or original terms destruction; limited, however, to the extent of the insurance proceeds received by Sublandlord. If by reason of such occurrence: (a) the Subleased Premises are rendered wholly untenantable; (b) the Subleased Premises are damaged in whole or in part as a result of a risk which is not covered by Sublandlord's insurance policies; (c) DRI's lender does not permit a sufficient amount of the insurance proceeds to be used for restoration purposes; or (d) the Building is damaged (whether or not the Subleased Premises are damaged) to an extent of fifty percent (50%) or more of the fair market value thereof, Sublandlord or DRI may elect either to repair or cause to be repaired the damage as aforesaid, or Sublandlord may cancel this Sublease by written notice of cancellation given to Subtenant within sixty-five (65) days after the date of such occurrence, and thereupon this Sublease shall terminate with no further liability to either party, except as set forth herein. Subtenant shall vacate and surrender the Subleased Premises to Sublandlord within ten (10) days after receipt of such notice of termination. In addition, Subtenant may terminate this Sublease by written notice given to Sublandlord at any renewal time between the one hundred eighty-first (181st) and the two hundred thirtieth (230th) days after the occurrence of any such casualty, if Sublandlord has failed to restore the damaged portions of the Building (including the Subleased Premises) within one hundred eighty (180) days of such casualty. However, if Sublandlord is prevented by causes beyond its reasonable control (including, without limitation, those encompassed in the meaning of the term force majeure ("Delays"), from completing the restoration within said one hundred eighty (180)-day period, and if Sublandlord provides Subtenant with written notice of such cause for delay, then Sublandlord shall have no additional period beyond said one hundred eighty (180) days, equal to the Delays in which to restore the damaged areas of the Building; and, Subtenant may terminate this Sublease after said additional period beyond said one hundred eighty (180) days, equal to the Delays in which to restore the damaged areas of the Building; and, Subtenant may terminate this Sublease after said additional period required for completion has expired with the Building not having been substantially restored. In such case, Subtenant shall not result vacate and surrender the Subleased Premises to Sublandlord within ten (10) days after the expiration of Sublandlord's date certain for restoration to be completed as set forth in the preceding sentence. Upon the termination date of this Sublease as aforesaid, Subtenant's liability for the Annual Rent shall cease as of the effective date of the termination of this Lease Sublease, subject, however, to the provisions for abatement of Annual Rent hereinafter set forth. Unless this Sublease is terminated as hereinafter aforesaid, this Sublease shall remain in this Article Eleventh providedfull force and effect, Lessee agreesand Subtenant shall promptly repair, promptly after any restore, or replace Subtenant's improvements, trade fixtures, decorations, signs and contents in the Subleased Premises, the Common Areas and the Building in a manner and to at least a condition equal to that existing prior to their damage or destruction. If by reason of such damage by fire or other casualtycasualty the Subleased Premises are rendered wholly untenantable, the Annual Rent and other charges payable by Subtenant shall be fully abated, or if only partially damaged, such Annual Rent and other charges shall be abated proportionately as to that portion of the Subleased Premises rendered untenantable, in either event (unless this Sublease is terminated, as aforesaid) from the date of such casualty until receipt of notice by Subtenant from Sublandlord that the subleased Premises have been substantially repaired and restored, or until Subtenant's business operations are restored in the entire Subleased Premises, whichever shall first occur. Subtenant shall continue the operation of Subtenant's business in the Subleased Premises or any part thereof not so damaged during any such period to the extent reasonably practicable from the standpoint of prudent business management. Except for the abatement of the Annual Rent hereinabove set forth, Subtenant shall not be entitled to, and at its expensehereby waives, to rebuild all claims against Sublandlord and DRI for any compensation or damage for loss of use of the whole or any part of the Subleased Premises and/or for any inconvenience or annoyance occasioned by any such damage, destruction, repair said building improvements or construct a new building on the leased premises in conformity with the requirements of Article Sixth hereof, so that, after completion of such repair, the buildingrestoration.

DAMAGE BY FIRE, ETC. Lessee agrees Subject to Section 7.7 of this Lease, in the event that it willany of the Improvements shall be damaged or destroyed by fire or any other hazard, risk or casualty whatsoever (such damaged or destroyed Improvements being herein called the "DAMAGED IMPROVEMENTS"), then Tenant shall give immediate notice thereof to Landlord, and shall, as soon as possible, at Tenant's cost and expense, restore, replace and repair the Damaged Improvements regardless of whether insurance proceeds are available to pay all of the cost thereof. Such work by Tenant shall be done pursuant to plans, specifications and a work schedule which shall be subject to Landlord's prior reasonable approval. In the event that more than fifty percent of the floor area of the Improvements is so damaged or destroyed, and such damage or destruction shall occur during the preliminary and original terms hereof and during any renewal termslast two years of the Term, at its expense, take out and keep in effect upon the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable then provided all policies of insurance but hereby required to be maintained by Tenant are in any eventfull force and effect and proper proof of loss shall have been filed thereunder, in Landlord and Tenant each shall have the right on or prior to the thirtieth day after the occurrence of such damage or destruction, to terminate this Lease by giving notice to the other respective party. Upon such termination, Tenant shall pay to Landlord (if Landlord has failed to receive such amounts from the proceeds of rent loss insurance required to be carried by Tenant), (a) an amount equal to not less than eighty per centum all Rent which would have been due hereunder for the six month period following such termination, (80%b) all insurance proceeds theretofore received by Tenant on account of the "insurable value" of the building improvements thereonsuch Damaged Improvements, and boiler (c) assigning to Landlord all insurance policies and pressure vessel insurance on all equipment, parts thereof and appurtenances attached or connected unpaid proceeds with respect to the leased premises which by reason of their use or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appear. In the event of loss of or damage to said building improvements by fire or other casualty during the preliminary or original terms or any renewal term which shall not result in the termination of this Lease as hereinafter in this Article Eleventh provided, Lessee agrees, promptly after any such damage by fire or other casualty, and at its expense, to rebuild or repair said building improvements or construct a new building on the leased premises in conformity with the requirements of Article Sixth hereof, so that, after completion of such repair, the buildingDamaged Improvements.

DAMAGE BY FIRE, ETC. Lessee agrees that it will, during 22.1 In the preliminary event the Premises or the Building are damaged by fire or other cause and original terms hereof and during any renewal terms, at its expense, take out and keep in effect upon the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but in any event, in an amount equal to not less than eighty per centum Landlord’s reasonable estimation such damage can be materially restored within one hundred twenty (80%120) days of the "insurable value" casualty, Landlord shall forthwith repair the same and this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent from the date of the building improvements thereon, and boiler and pressure vessel insurance on all equipment, parts thereof and appurtenances attached or connected to the leased premises which by reason such damage. Such abatement of their use or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance rent shall be made pro rata in accordance with the extent to Lessor and/or Lessee and/or Beneficiarywhich the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. Within sixty (60) days from the date of such damage, Landlord shall notify Tenant, in writing, of Landlord’s reasonable estimation of the length of time within which material restoration can be made, and Landlord’s determination shall be binding on Tenant. For purposes of this Lease, the Building or Premises shall be deemed “materially restored” if they are in such condition as their respective interests may appearwould allow Tenant to use the Premises for the purpose for which it was being used immediately before such damage. 22.2 If such repairs cannot, in Landlord’s architects or engineers reasonable estimation, be made within one hundred twenty (120) days from the date of the casualty, Landlord and Tenant shall each have the option of giving the other, at any time within sixty (60) days after such damage, notice terminating this Lease as of the date of such damage. In the event of the giving of such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate as of the date of such damage as if such date had been originally fixed in this Lease for the expiration of the Term. In the event that neither Landlord nor Tenant exercises its option to terminate this Lease, then Landlord shall repair or restore such damage, this Lease continuing in full force and effect, and the rent and additional payments due hereunder shall be proportionately abated as provided in Section 22.1. 22.3 Landlord shall not be required to repair or replace any damage or loss of by or from fire or other cause to any paneling, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Premises or belonging to Tenant. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or Premises shall be for the sole benefit of the party carrying such insurance and under its sole control. 22.4 In the event that Landlord does not commence such repairs and material restoration within thirty (30) days after the date estimated by Landlord therefor as extended by this Section 22.4, and, diligently complete within seventy five (75) days of such estimation, Tenant may at its option and as its sole remedy terminate this Lease by delivering written notice to Landlord, within fifteen (15) days after the expiration of said building improvements period of time, whereupon the Lease shall end on the date of such notice or such later date fixed in such notice as if the date of such notice was the date originally fixed in this Lease for the expiration of the Term; provided, however, that if construction is delayed because of changes, deletions or additions in construction requested by fire Tenant, strikes, lockouts, casualties, Acts of God, war, material or labor shortages, government regulation or control or other causes beyond the reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. Landlord agrees to use all reasonable efforts to timely complete all repair and restoration work. 22.5 Notwithstanding anything to the contrary contained in this Article: (a) Landlord shall not have any obligation whatsoever to repair, reconstruct, or restore the Premises when the damages resulting from any casualty covered by the provisions of this Article 22 occur during the preliminary or original terms last twelve (12) months of the Term or any renewal term which extension thereof, but if Landlord determines not to repair such damages Landlord shall not result notify Tenant and if such damages shall render any material portion of the Premises untenantable Tenant shall have the right to terminate this Lease by notice to Landlord within fifteen (15) days after receipt of Landlord’s notice; and (b) in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises or Building requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the Term. 22.6 In the event of any damage or destruction to the Building or Premises by any peril covered by the provisions of this Lease as hereinafter in this Article Eleventh provided22, Lessee agreesit shall be Tenant’s responsibility to properly secure the Premises and upon notice from Landlord to remove forthwith, promptly after any such damage by fire or other casualty, and at its sole cost and expense, such portion or all of the property belonging to rebuild Tenant or repair said building improvements its licensees from such portion or construct a new building on all of the leased premises in conformity with the requirements of Article Sixth hereof, so that, after completion of such repair, the buildingBuilding or Premises as Landlord shall request.

DAMAGE BY FIRE, ETC. Section 1. If the Demised Premises or the Building shall be damaged or destroyed by fire, windstorm or any other insured casualty, the Lessee agrees that it will, during shall immediately give notice thereof to the preliminary and original terms hereof and during any renewal terms, at its expense, take out and keep in effect upon the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee unless this Lease is terminated as hereinafter provided, the Lessor at his own expense shall repair or rebuild the same so as to restore the Demised Premises (but not any leasable improvements, alterations, additions or improvements made by or for Lessee) to substantially the same condition they were in immediately prior to such damage or destruction, subject, however, to zoning and building laws then in existence, provided that the Lessor shall not be responsible for any delay in such repair or reconstruction which may result from becoming coinsurers under provisions of applicable policies any cause beyond its reasonable control, and provided further that Lessor shall not be required to expend more than the net amount of insurance but in proceeds, if any, received by Lessor for such purposes, it being understood that the application of insurance proceeds is subject to the right of any event, in an amount equal first mortgagee of the Demised Premises. Section 2. If either the Demised Premises or the Building shall be damaged or destroyed to not less than eighty per centum the extent of twenty-five percent (8025%) or more on a square footage basis by any cause (whether insured against by the Lessor or not), the Lessor may elect by written notice to the Lessee either to terminate this Lease or to repair or rebuild on the conditions set forth in Section 1. Section 3. If the Demised Premises or the Building shall, within the last year of the "insurable value" Original term of this Lease or the building improvements thereonlast year of any extended term hereof, and boiler and pressure vessel insurance on all equipmentbe damaged or destroyed by any cause to such extent that the same cannot be reasonably expected to be restored to substantially the same condition as prior to such damage or destruction within ninety (90) days from the time that such repair or restoration work would be commenced, parts thereof and appurtenances attached or connected then the Lessor shall have the right to terminate this Lease by notice to the leased premises which by reason Lessee given within sixty (60) days after the occurrence of their use such damage or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appeardestruction. Section 4. In the event of loss of that the Demised Premises or damage to said building improvements the Building are damaged or destroyed by fire any cause, then, unless this Lease is terminated as above provided, the Lessee, at its own expense and proceeding with all reasonable dispatch, shall repair or replace suitably all trade fixtures, equipment, signs or other casualty during property installed by or belonging to the preliminary or original terms or any renewal term Lessee which shall not result in the termination of be damaged or destroyed. Section 5. If this Lease is not terminated as hereinafter in this Article Eleventh above provided, Lessee agrees, promptly then from and after any such damage by fire or other casualty, which is material and at its expense, to rebuild or repair said building improvements or construct a new building on until the leased premises in conformity with the requirements of Article Sixth hereof, so that, after completion of such repairDemised Premises are restored as above provided, the buildingrent reserved herein shall abate, either wholly or proportionately, according to the nature and xxxxxt of the injury.

DAMAGE BY FIRE, ETC. Lessee agrees that it will(a) If the Building, during the preliminary and original terms hereof and during any renewal termsimprovements, at its expense, take out and keep in effect upon the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but in any event, in an amount equal to not less than eighty per centum (80%) of the "insurable value" of the building improvements thereon, and boiler and pressure vessel insurance on all equipment, parts thereof and appurtenances attached or connected to the leased premises which by reason of their use Premises are rendered partially or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appear. In the event of loss of or damage to said building improvements by fire or other casualty during the preliminary or original terms or any renewal term which shall not result in the termination of this Lease as hereinafter in this Article Eleventh provided, Lessee agrees, promptly after any such damage wholly untenantable by fire or other casualty, and if such damage cannot, in Landlord's reasonable estimation, be materially restored within ninety (90) days of such damage, then Landlord may, at its sole option, terminate this Lease as of the date of such fire or casualty. Landlord shall exercise its option provided herein by written notice to Tenant within sixty (60) days of such fire or other casualty. For purposes hereof, the Building, improvements, or Premises 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 purpose for which it was then being used. (b) If this Lease is not terminated pursuant to Paragraph 19(a), then to the extent of available insurance proceeds, Landlord shall proceed with all due diligence to repair and restore the Building, improvements or Premises, as the case may be (except that Landlord may elect not to rebuild if such damage occurs during the last year of the term of this Lease exclusive of any option which is unexercised at the date of such damage). (c) If this Lease shall be terminated pursuant to this Paragraph 19, the term of this Lease shall end on the date of such damage as if that date had been originally fixed in this Lease for the expiration of the term hereof. If this Lease shall not be terminated by Landlord pursuant to this Paragraph 19 and if the Premises is untenantable in whole or in part following such damage, the rent payable during the period in which the Premises is untenantable shall xxxxx with respect to the untenantable portion of the Premises from the date of the casualty until the date of restoration. In the event that (a) Landlord shall fail to complete such repairs and material restoration within one hundred fifty (150) days after the date of such damage, or (b) Landlord notifies Tenant, after Tenant's request, that such repairs and restoration cannot, in Landlord's determination, be materially restored within one hundred fifty (150) days after the date of such damage, Tenant may at its option and as its sole remedy terminate this Lease by delivering written notice to Landlord, whereupon the Lease shall end on the date of such notice as if the date of such notice were the date originally fixed in this Lease for the expiration of the term hereof; provided, however, that if construction is delayed because of changes, deletions, or additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortage, governmental regulation or control or other causes beyond the reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. In no event shall Landlord be required to rebuild, repair or replace any part of the partitions, fixtures, additions or other improvements which may have been placed in or about the Premises by Tenant. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or Premises shall be for the sole benefit of the party carrying such insurance and under its sole control except that Landlord's insurance may be subject to control by (i) the holder or holders of any indebtedness secured by a mortgage or deed to secure debt covering any interest of Landlord in the Premises, the Building, or the Property, and/or (ii) the ground lessor of any portion of the Property. (d) Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed to secure debt covering the Premises, Building or Property, or the ground lessor of the Property, requires that any insurance proceeds be paid to it, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such person, whereupon the Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the term. (e) In the event of any damage or destruction to the Building or the Premises by any peril covered by the provisions of this Paragraph 19, Tenant shall, upon notice from Landlord, remove forthwith, at its sole cost and expense, such portion or all of the property belonging to rebuild Tenant or repair said building improvements its licensees from such portion or construct all of the Building or the Premises as Landlord shall request and Tenant hereby indemnifies, defends and holds Landlord harmless from any loss, liability, costs, and expenses, including attorneys' fees, arising out of any claim of damage or injury as a new building on the leased premises in conformity with the requirements of Article Sixth hereof, so that, after completion result of such repair, removal and any alleged failure to properly secure the buildingPremises prior to such removal.

DAMAGE BY FIRE, ETC. Lessee agrees that it will(a) If the Building or any portion thereof is damaged or destroyed by any casualty to the extent that, during in Landlord’s reasonable judgment, (i) repair of such damage or destruction would not be economically feasible, or (ii) the preliminary damage or destruction to the Building cannot be repaired within two hundred seventy (270) days after the date of such damage or destruction, or if the proceeds from insurance remaining after any required payment to any mortgagee or lessor of Landlord are insufficient to repair such damage or destruction, Landlord shall have the right, at Landlord’s option, to terminate this Lease by giving Tenant notice of such termination, within sixty (60) days after the date of such damage or destruction. (b) If the Premises or any portion thereof is damaged or destroyed by any casualty against which Tenant is required to be insured under Paragraph 21, and original terms if, in Landlord’s reasonable opinion, the Premises cannot be rebuilt or made fit for Tenant’s purposes within one hundred eighty (180) days after the date of such damage or destruction, then either Landlord or Tenant shall have the right, at the option of either party, to terminate this Lease by giving the other written notice, within sixty (60) days after such damage or destruction. If the proceeds from the insurance Tenant is required to maintain pursuant to Paragraph 21 hereof and during any renewal terms(or the amount of proceeds which would have been available if Tenant was carrying such insurance) are insufficient to repair such damage or destruction, then Landlord shall have the right, at its expenseoption, take out and keep in effect upon the leased premisesto terminate this Lease by giving Tenant written notice, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but in any event, in an amount equal to not less than eighty per centum within sixty (80%60) of the "insurable value" of the building improvements thereon, and boiler and pressure vessel insurance on all equipment, parts thereof and appurtenances attached days after such damage or connected to the leased premises which by reason of their use or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appear. destruction. (c) In the event of loss of partial destruction or damage to said building improvements the Building or the Premises which is not subject to Paragraph 23(a) or 23(b) or which is subject to Paragraph 23(a) or 23(b) but the applicable party (or parties) does not elect to terminate the Lease, but which renders the Premises partially but not wholly untenantable, this Lease shall not terminate and Rent shall be abated in proportion to the area of the Premises which, in Landlord’s reasonable opinion, cannot be used or occupied by Tenant as a result of such casualty. Landlord shall in such event, within a reasonable time after the date of such destruction or damage, subject to force majeure (as defined in Paragraph 38) or to Tenant Delay and to the extent and availability of insurance proceeds, restore the Premises to as near the same condition as existed prior to such partial damage or destruction, provided that Tenant pays to Landlord Tenant’s insurance proceeds as required in Paragraph 15.5. In no event shall Rent xxxxx or shall any termination occur if damage to or destruction of the Premises is the result of the gross negligence or willful act of Tenant, or Tenant’s agents, employees, representatives, contractors, successors, assigns, licensees or invitees. (d) If the Building or the Premises or any material portion thereof is destroyed by fire or other casualty causes at any time during the preliminary last year of the Term, then either Landlord or original terms Tenant shall have the right, at the option of either party, to terminate this Lease effective as of the date of casualty by giving written notice to the other within sixty (60) days after the date of such destruction. (e) Landlord shall have no liability to Tenant for inconvenience, loss of business, or annoyance arising from any renewal term repair of any portion of the Premises or the Building. If Landlord is required by this Lease or by any mortgagee or lessor of Landlord to repair or if Landlord undertakes to repair, Tenant shall pay to Landlord that amount of Tenant’s insurance proceeds (or the amount which would have been received by Tenant if Tenant was carrying the insurance required by this Lease) which insures such damage as a contribution towards such repair, and Landlord shall use reasonable efforts to have such repairs made promptly and in a manner which will not result in unnecessarily interfere with Tenant’s occupancy. (f) In the event of termination of this Lease as hereinafter in this Article Eleventh pursuant to Paragraphs 23(a), (23(b), or 23(d), then all rent shall be apportioned and paid to the date on which possession is relinquished or the date of such damage, whichever last occurs, and Tenant shall immediately vacate the Premises according to such notice of termination; provided, Lessee agreeshowever, promptly after any such damage by fire or other casualty, that those provisions of this Lease which are designated to cover matters of termination and at its expense, to rebuild or repair said building improvements or construct a new building on the leased premises in conformity with period thereafter shall survive the requirements of Article Sixth termination hereof, so that, after completion of such repair, the building.

DAMAGE BY FIRE, ETC. Lessee agrees that it will(a) If the Building, during the preliminary and original terms hereof and during any renewal termsimprovements, at its expense, take out and keep in effect upon the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but in any event, in an amount equal to not less than eighty per centum (80%) of the "insurable value" of the building improvements thereon, and boiler and pressure vessel insurance on all equipment, parts thereof and appurtenances attached or connected to the leased premises which by reason of their use Premises are rendered partially or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appear. In the event of loss of or damage to said building improvements by fire or other casualty during the preliminary or original terms or any renewal term which shall not result in the termination of this Lease as hereinafter in this Article Eleventh provided, Lessee agrees, promptly after any such damage wholly untenantable by fire or other casualty, and if such damage cannot, in Landlord's reasonable estimation, be materially restored within one hundred eighty (180) days of such damage, then either party may, at its sole option, terminate this Lease as of the date of such fire or casualty. Landlord shall exercise its option provided herein by written notice to Tenant within sixty (60) days of such fire or other casualty. Tenant shall exercise its option provided herein by written notice to Landlord within ten (10) business days after receipt of Landlord's notice setting forth the estimated repair period for such damages. For purposes hereof, the Building, improvements, or Premises 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 purpose for which it was then being used. (b) If this Lease is not terminated pursuant to Paragraph 19(a), then to the extent of available insurance proceeds, Landlord shall proceed with all due diligence to repair and restore the Building, improvements or Premises, as the case may be (except that Landlord may elect not to rebuild if such damage occurs during the last year of the term of this Lease exclusive of any option which is unexercised at the date of such damage). (c) If this Lease shall be terminated pursuant to this Paragraph 19, the term of this Lease shall end on the date of such damage as if that date had been originally fixed in this Lease for the expiration of the term hereof. If this Lease shall not be terminated pursuant to this Paragraph 19 and if the Premises is untenantable in whole or in part following such damage, the rent payable during the period in which the Premises is untenantable shall be reduced to such extent, if any, as may be fair and reasonable under all of the circumstances. In the event that Landlord shall fail to complete such repairs and material restoration within two hundred ten (210) days after the date of such damage, Tenant may at its option and as its sole remedy terminate this Lease by delivering not less than thirty (30) days' prior written notice and opportunity to cure to Landlord, whereupon the Lease shall end on the date of such notice as if the date of such notice were the date originally fixed in this Lease for the expiration of the term hereof; provided, however, that if construction is delayed because of changes, deletions, or additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control or other causes beyond the reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. In no event shall Landlord be required to rebuild, repair or replace any part of the partitions, fixtures, additions or other improvements which may have been placed in or about the Premises by Tenant after the Commencement Date hereof. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or Premises shall be for the sole benefit of the party carrying such insurance and under its sole control except that Landlord's insurance may be subject to control by (i) the holder or holders of any indebtedness secured by a mortgage or deed to secure debt covering any interest of Landlord in the Premises, the Building, or the Property, and/or (ii) the ground lessor of any portion of the Property. (d) Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed to secure debt covering the Premises, Building or Property, or the ground lessor of the Property, requires that any insurance proceeds be paid to it, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such person, provided that Landlord is concurrently terminating the leases of all or substantially all other tenants in the Building, whereupon the Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the term. (e) In the event of any damage or destruction to the Building or the Premises by any peril covered by the provisions of this Paragraph 19, Tenant shall, upon notice from Landlord, remove forthwith, at its sole cost and expense, such portion or all of the property belonging to rebuild Tenant or repair said building improvements its licensees from such portion or construct all of the Building or the Premises as is reasonably necessary in order to permit Landlord to cause the repairs to be made and as Landlord shall request and Tenant hereby indemnifies, defends and holds Landlord harmless from any loss, liability, costs, and expenses, including attorneys' fees, arising out of any claim of damage or injury as a new building on the leased premises in conformity with the requirements of Article Sixth hereof, so that, after completion result of such repair, removal and any alleged failure to properly secure the buildingPremises prior to such removal.

DAMAGE BY FIRE, ETC. Lessee agrees that it will(a) If the Building, during the preliminary and original terms hereof and during any renewal termsimprovements, at its expense, take out and keep in effect upon the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but in any event, in an amount equal to not less than eighty per centum (80%) of the "insurable value" of the building improvements thereon, and boiler and pressure vessel insurance on all equipment, parts thereof and appurtenances attached or connected to the leased premises which by reason of their use Premises are rendered partially or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appear. In the event of loss of or damage to said building improvements by fire or other casualty during the preliminary or original terms or any renewal term which shall not result in the termination of this Lease as hereinafter in this Article Eleventh provided, Lessee agrees, promptly after any such damage wholly untenantable by fire or other casualty, and if such damage cannot, in Landlord's reasonable estimation, be materially restored within ninety (90) days of such damage, then Landlord or Tenant may, at either of their sole options, terminate this Lease as of the date of such fire or casualty. Landlord or Tenant shall exercise its option provided herein by written notice to the other party within sixty (60) days of such fire or other casualty. For purposes hereof, the Building, improvements, or Premises 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 purpose for which it was then being used. (b) If this Lease is not terminated pursuant to Paragraph 19(a) and insurance proceeds are confirmed by Landlord to be available within said ninety (90) day period, then, Landlord shall proceed with all due diligence to repair and restore the Building, improvements or Premises, within one hundred and eighty (l80) days of such fire or casualty (except that Landlord may elect not to rebuild if such damage occurs during the last year of the term of this Lease exclusive of any option which is unexercised at the date of such damage). (c) If this Lease shall be terminated pursuant to this Paragraph 19, the term of this Lease shall end on the date of such damage as if that date had been originally fixed in this Lease for the expiration of the term hereof. If this Lease shall not be terminated by Landlord pursuant to this Paragraph 19 and if the Premises is untenantable in whole or in part following such damage, the rent payable during the period in which the Premises is untenantable shall be reduced to such extent, if any, as may be fair and reasonable under all of the circumstances. In the event that Landlord shall fail to complete such repairs and material restoration within one hundred fifty (150) days after the date of such damage, Tenant may at its option and as its sole remedy terminate this Lease by delivering written notice to Landlord, whereupon the Lease shall end on the date of such notice as if the date of such notice were the date originally fixed in this Lease for the expiration of the term hereof; provided, however, that if construction is delayed because of changes, deletions, or additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control or other causes beyond the reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. In no event shall Landlord be required to rebuild, repair or replace any part of the partitions, fixtures, additions or other improvements which may have been placed in or about the Premises by Tenant. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or Premises shall be for the sole benefit of the party carrying such insurance and under its sole control except that Landlord's insurance may be subject to control by (i) the holder or holders of any indebtedness secured by a mortgage or deed to secure debt covering any interest of Landlord in the Premises, the Building, or the Property, and/or (ii) the ground lessor of any portion of the Property. (d) Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness secured by a mortgage or deed to secure debt covering the Premises, Building or Property, or the ground lessor of the Property, requires that any insurance proceeds be paid to it, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such person but in no event any later than the sixty (60) day period required under Paragraph 19(a), whereupon the Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the term. (e) In the event of any damage or destruction to the Building or the Premises by any peril covered by the provisions of this Paragraph 19, Tenant shall, upon notice from Landlord, remove forthwith, at its sole cost and expense, such portion or all of the property belonging to rebuild Tenant or repair said building improvements its licensees from such portion or construct a new building on all of the leased premises in conformity with Building or the requirements of Article Sixth hereof, so that, after completion of such repair, the buildingPremises as Landlord shall request.

DAMAGE BY FIRE, ETC. Lessee agrees that it will, during the preliminary and original terms hereof and during any renewal terms, at its expense, take out and keep in effect upon the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but in any event, in an amount equal to not less than eighty per centum (80%) of the "insurable value" of the building improvements thereon, and boiler and pressure vessel insurance on all equipment, parts thereof and appurtenances attached or connected to the leased premises which by reason of their use or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appear. In the event of loss of of, or damage to, the Demised Premises by fire or other casualty, the rights and obligations of the parties hereto shall be as follows: (a) If the Demised Premises, or any part thereof, shall be damaged by fire or other casualty, Tenant shall give prompt notice thereof to said building improvements Landlord, and Landlord, upon receiving such notice, shall proceed promptly and with due diligence, subject to unavoidable delays, to repair, or cause to be repaired, such damage, except as expressly provided for herein. If the Demised Premises or any part thereof shall be rendered untenantable by reason of such damage, the Yearly Fixed Rent and Additional Rent shall proportionately xxxxx for the period from the date of such damage to the date when such damage shall have been repaired. (b) If, as a result of fire or other casualty, the whole or a substantial portion (i.e., twenty-five percent (25%) or more) of the Demised Premises is rendered untenantable, either party, within ninety (90) days from the date of such fire or other casualty, may terminate this Lease by notice to the other party, specifying a date not less than twenty (20) nor more than forty (40) days after the giving of such notice on which the Term of this Lease shall terminate. If Landlord and Tenant do not elect to terminate this Lease, then Landlord shall proceed with diligence to repair the damage to the Demised Premises and all facilities serving the same, if any, which shall have occurred, and the Yearly Fixed Rent and Additional Rent shall meanwhile proportionately xxxxx, all as provided in Paragraph (a) of this Section. However, if, in the event of any damage by fire or other casualty, such damage is not repaired and the Demised Premises and all facilities serving the same restored to substantially the same condition as they were prior to such damage within three (3) months from the date of such damage, Tenant within thirty (30) days from the expiration of such three (3) month period, may terminate this Lease by notice to Landlord, specifying a date not more than sixty (60) days after the giving of such notice on which the term of this Lease shall terminate. (c) If the Demised Premises shall be rendered untenantable by fire or other casualty during the preliminary last two (2) years of the Term of this Lease, Landlord may terminate this Lease effective as of the date of such fire or original terms other casualty upon notice to Tenant given within thirty (30) days after such fire or any renewal term which other casualty. (d) Landlord shall not result in be required to repair or replace any of Tenant's business machinery, equipment, cabinet work, furniture, personal property or other installations (which shall, however, be substantially restored by Tenant within ninety (90) days after Landlord shall have completed any repair or restoration required under the termination terms of this Lease as hereinafter in Article), and no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Demised Premises or of the Building. (e) The provisions of this Article Eleventh provided, Lessee agrees, promptly after shall be considered an express agreement governing any such instance of damage or destruction of the Demised Premises by fire or other casualty, and at its expenseany law now or hereafter in force providing for such a contingency in the absence of express agreement shall have no application. (f) In the event of any termination of this Lease pursuant to this Article, the Term of this Lease shall expire as of the effective Expiration Date as fully and completely as if such date were the date herein originally scheduled as the Expiration Date. Tenant shall have access to rebuild or repair said building improvements or construct the Demised Premises for a new building on period of thirty (30) days after the leased premises date of termination in conformity order to remove Tenant's personal property. (g) Landlord's Architect's certificate, given in good faith, shall be deemed conclusive of the statements therein contained and binding upon Tenant with respect to the requirements of Article Sixth hereof, so that, after performance and completion of such repair, any repair or restoration work undertaken by Landlord pursuant to this Article or Article 17. Any minor or insubstantial details of construction or mechanical adjustments which remain to be done after the buildingdelivery of said certificate shall be handled on a punch list basis and thereafter promptly completed by Landlord.

DAMAGE BY FIRE, ETC. Lessee agrees that it will(a) If the Building, during the preliminary and original terms hereof and during any renewal termsimprovements, at its expense, take out and keep in effect upon the leased premises, fire insurance with extended coverage endorsement, in an amount sufficient to prevent Lessor and Lessee from becoming coinsurers under provisions of applicable policies of insurance but in any event, in an amount equal to not less than eighty per centum (80%) of the "insurable value" of the building improvements thereon, and boiler and pressure vessel insurance on all equipment, parts thereof and appurtenances attached or connected to the leased premises which by reason of their use Premises are rendered partially or existence are capable of bursting, erupting, collapsing or exploding, in the minimum amount of $500,000 for damage to property resulting from such perils, in each case written by a responsible insurance company or insurance companies authorized to do an insurance business in the state in which the leased premises are located; said policy or policies of insurance to bear a first mortgagee endorsement in favor of the Beneficiary, and to provide that payment for any losses covered under or by said policy or policies of insurance shall be made to Lessor and/or Lessee and/or Beneficiary, as their respective interests may appear. In the event of loss of or damage to said building improvements by fire or other casualty during the preliminary or original terms or any renewal term which shall not result in the termination of this Lease as hereinafter in this Article Eleventh provided, Lessee agrees, promptly after any such damage wholly untenantable by fire or other casualty, and if such damage cannot in Landlord’s reasonable estimation, be materially restored within one hundred eighty (180) days of such damage, then Landlord or Tenant may terminate this Lease as of the date of such fire or casualty. Landlord or Tenant shall exercise its option provided herein by written notice to the other within sixty (60) days of such fire or other casualty, provided that Landlord agrees not to exercise its right to terminate this Lease pursuant to this subparagraph unless it terminates all other leases of tenants in the Building similarly affected by such casualty and that Landlord has the right to terminate as a result of such casualty. For purposes hereof, the Building, improvements, or Premises 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 purpose for which it was then being used. (b) If this Lease is not terminated pursuant to Paragraph 19(a), then to the extent of available insurance proceeds. Landlord shall proceed with all due diligence and repair and restore the Building, improvements or Premises, as the case may be (except that Landlord may elect not to rebuild if such damage occurs during the last three (3) years of the term of this Lease exclusive of any option which is unexercised at the date of such damage). (c) If this Lease shall terminate pursuant to this Paragraph 19, the term of this Lease shall end on the date of such damage as if that date had been originally fixed in this Lease for the expiration of the term hereof. If this Lease shall not be terminated by Landlord pursuant to this Paragraph 19 and if the Premises is untenantable in whole or in part following such damage, the rent payable during this period in which the Premises is untenantable shall be reduced to such extent, if any, as may be fair and reasonable under all of the circumstances. In the event that Landlord shall fail to complete such repairs and material restoration within two hundred forty (240) days after the date of such damage, Tenant may at its option and as its sole remedy terminate this Lease by delivering written notice to Landlord, whereupon the Lease shall end on the date of such notice as if the date of such notice were the date originally fixed in this Lease for the expiration of the term hereof, provided, however, that if construction is delayed because of changes, deletions, or additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulations or control or other causes beyond the reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. Notwithstanding the foregoing to the contrary, any such termination by Tenant shall be without prejudice to any rights and remedies available to Tenant at law and equity, or under this Lease if Landlord has failed to comply with the terms of subparagraph 19(b) above. In no event shall Landlord be required to rebuild, repair, replace any part of the partitions, fixtures, additions or other improvements which may have been placed in or about the Premises by Tenant. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or Premises shall be for the sole benefit of the party carrying such insurance and under its sole control except that Landlord’s insurance may be subject to control by (i) the holder or holders of any indebtedness secured by a mortgage or deed to secure debt covering any interest of Landlord in the Premises, the Building, or the Property, and/or (ii) the ground lessor of the Property. (d) Notwithstanding anything herein to the contrary, in the event the holder any indebtedness secured by a mortgage or deed to secure debt covering the Premises, Building or Property, or the ground lessor of the Property, requires that the insurance proceeds be paid to it, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within fifteen (15) days after such requirement is made by any such person, whereupon the Lease shall don the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the term. (e) In the event of any damage or destruction to the Building or the Premises arty peril covered by the provisions of this Paragraph 19, Tenant shall, upon notice from Landlord, remove forthwith, at its sole cost and expense, such portion or of the property belonging to rebuild Tenant or repair said building improvements its licensees from such portion or construct all of the Building or the Premises as Landlord shall reasonably request and Tenant hereby indemnifies, defends and holds Landlord harmless from any loss, liability, costs, and expenses, including attorneys’ fees, arising out of any claim of damage or injury as a new building on the leased premises in conformity with the requirements of Article Sixth hereof, so that, after completion result of such repair, the buildingremoval.