Common use of Damage by Fire or Other Casualty Clause in Contracts

Damage by Fire or Other Casualty. 22.1 If the Premises shall be damaged by fire or other casualty not arising from the fault or negligence of Tenant or its servants, agents, employees, invitees or licensees or, if such damage irrespective of cause shall be insured: (1) except as otherwise provided in subsection (2) hereof, the damage shall be repaired by and at the expense of Landlord (subject to the receipt of applicable insurance proceeds) and the Basic Rent and Additional Rent until such repairs shall be made shall be equitably abated according to the part of the Premises which is usable by Tenant, unless such damage was caused by the fault or negligence of Tenant or its servants, agents, employees, invitees, or licensees, in which case no abatement of Basic Rent or Additional Rent shall be made. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to an Excusable Delay. (2) If the Premises are totally damaged or are rendered wholly untenantable by fire or other casualty, or if Landlord's architect certifies that it cannot be repaired within nine (9) months of the casualty or if Landlord shall decide not to restore or repair same, or shall decide to demolish the Building or to rebuild it, then Landlord shall, within thirty (30) days after final adjustment of all the insurance claims from such fire or other casualty, give Tenant a notice of such circumstance or decision, and thereupon the Term shall expire ten (10) days after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord. (3) If Landlord fails to complete the repair and restoration of the Premises within nine (9) months from the date of the casualty (subject to Excusable Delays) then Tenant shall have the right to cancel and terminate this Lease upon the delivery of a notice to Landlord delivered within fifteen (15) days after the expiration of the aforesaid nine (9) month period. (4) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereunder.

Damage by Fire or Other Casualty. 22.1 If the Premises shall be damaged by fire or other casualty not arising shall render the whole or any material portion of the Premises untenantable, and the Premises can reasonably be expected to be repairable within one hundred twenty (120) days from the fault date of such event, then Lessor shall repair and restore the Premises and EastPark One to as near their condition prior to the fire or negligence of Tenant or its servants, agents, employees, invitees or licensees or, if other casualty as is reasonably possible within such damage irrespective of cause shall be insured: one hundred twenty (1120) except as otherwise provided in subsection (2) hereof, the damage shall be repaired by and at the expense of Landlord day period (subject to the receipt of applicable insurance proceedsdelays for causes beyond Lessor's reasonable control) and notify Lessee that it will be doing so, such notice to be mailed within thirty (30) days from the Basic Rent date of such damage or destruction, and Additional Rent until such repairs this Lease shall remain in full force and effect, but the rent for the period during which the Premises are untenantable shall be made abated pro rata. If Lessor is required to repair EastPark One and/or the Premises, as aforesaid, said work shall be equitably abated according to undertaken and prosecuted with all due diligence and speed. If fire or other casualty shall render the whole or any material part of the Premises which is usable untenantable and the Premises cannot reasonably be expected to be repairable within one hundred twenty (120) days from the date of such event, then either party, by Tenant, unless notice in writing to the other mailed within thirty (30) days from the date of such damage was caused by or destruction, may terminate this Lease effective upon a date within thirty (30) days from the fault or negligence date of Tenant or its servants, agents, employees, invitees, or licensees, in which case no abatement such notice. In the event that more than fifty percent (50%) of Basic Rent or Additional Rent shall be made. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to an Excusable Delay. (2) If the Premises are totally value of EastPark One is damaged or are rendered wholly untenantable destroyed by fire or other casualty, and irrespective of whether damage or if Landlord's architect certifies that it cannot destruction can be repaired within nine one hundred twenty (9120) months days thereafter, then at Lessor's option, by written notice to Lessee, mailed within forty-five (45) days from the date of such damage or destruction, Lessor may terminate this Lease effective upon a date within ninety (90) days from the date of such notice to Lessee. If fire or other casualty shall render the whole or any material part of the casualty or if Landlord shall decide Premises untenantable and the Premises cannot reasonably be expected to restore or repair same, or shall decide to demolish the Building or to rebuild it, then Landlord shall, be repairable within thirty one hundred twenty (30120) days after final adjustment from the date of all such event and neither party hereto terminates this Lease pursuant to its rights herein or in the insurance claims from such event that more than fifty percent (50%) or the value of EastPark One is damaged or destroyed by fire or other casualty, give Tenant a notice and Lessor does not terminate this Lease pursuant to its option granted herein, or in the event that fifty percent (50%) or less of such circumstance the value of EastPark One is damaged or decisiondestroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor shall repair and thereupon the Term shall expire ten (10) days after such notice is given, and Tenant shall vacate restore the Premises and surrender EastPark One to as near their condition prior to the same fire or other casualty as is reasonably possible with all due diligence and speed (subject to Landlord. (3delays for causes beyond Lessor's reasonable control) If Landlord fails to complete and the repair and restoration of rent for the period during which the Premises within nine (9) months from are untenantable shall be abated pro rata. In no event shall Lessor be obligated to repair or restore any special equipment or improvements installed by Lessee at Lessee's expense. In the event of a termination of this Lease pursuant to this Article, rent shall be apportioned on a per diem basis and paid to the date of the casualty (subject to Excusable Delays) then Tenant shall have the right to cancel and terminate this Lease upon the delivery of a notice to Landlord delivered within fifteen (15) days after the expiration of the aforesaid nine (9) month period. (4) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereunderfire or other casualty.

Damage by Fire or Other Casualty. 22.1 If In the Premises event the Demised Premises, or any part thereof, shall be damaged by fire or other casualty not arising from the fault or negligence by any act of Tenant or Tenant, its servants, agents, employeesemployees or invitees during the term, hereof, Landlord agrees that it will restore the Demised Premises to the extent of the insurance proceeds received by Tenant with respect to the Demised Premises, with reasonable dispatch, to substantially the same condition it was in prior to such damage, and the proceeds of all insurance received with respect to the damage or destruction of the Demised Premises shall be deposited in a joint escrow account in the name of Landlord and Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or licensees orpartially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage irrespective of cause shall be insured: occurs during the last six (1) except as otherwise provided in subsection (2) hereof, the damage shall be repaired by and at the expense of Landlord (subject to the receipt of applicable insurance proceeds) and the Basic Rent and Additional Rent until such repairs shall be made shall be equitably abated according to the part of the Premises which is usable by Tenant, unless such damage was caused by the fault or negligence of Tenant or its servants, agents, employees, invitees, or licensees, in which case no abatement of Basic Rent or Additional Rent shall be made. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to an Excusable Delay. (2) If the Premises are totally damaged or are rendered wholly untenantable by fire or other casualty, or if Landlord's architect certifies that it cannot be repaired within nine (96) months of the casualty term hereof, and if such damage exceeds fifty percent (50%) of the then insurable value of the Demised Premises, either Landlord or if Landlord shall decide not Tenant may terminate this Lease as of the date of such damage by giving to restore or repair same, or shall decide the other written notice of its intention so to demolish the Building or to rebuild it, then Landlord shall, do within thirty (30) days after final adjustment the date such damage occurs. If this Lease is so terminated, the proceeds of all insurance payable with respect to the insurance claims from such fire damage or other casualtydestruction shall belong, give Tenant a notice and be paid, to Landlord, the rent payable hereunder shall be abated as of the date of such circumstance or decision, and thereupon the Term shall expire ten (10) days after such notice is givendamage, and Tenant shall vacate remove all of its property from the Premises and surrender the same to Landlord. (3) If Landlord fails to complete the repair and restoration of the Demised Premises within nine thirty (9) months from the date of the casualty (subject to Excusable Delays) then Tenant shall have the right to cancel and terminate this Lease upon the delivery of a notice to Landlord delivered within fifteen (1530) days after the expiration notice of the aforesaid nine (9) month period. (4) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereundertermination is given.

Damage by Fire or Other Casualty. 22.1 If the Premises shall be damaged by fire or other casualty not arising shall render the whole or any material portion of the Premises untenantable, and the Premises can reasonably be expected to be made tenantable within one hundred twenty (120) days from the fault date of such event, then Lessor shall repair and restore the Premises and the Office Complex to as near their condition prior to the fire or negligence of Tenant or its servants, agents, employees, invitees or licensees or, if other casualty as is reasonably possible within such damage irrespective of cause shall be insured: one hundred twenty (1120) except as otherwise provided in subsection (2) hereof, the damage shall be repaired by and at the expense of Landlord day period (subject to the receipt of applicable insurance proceedsdelays for causes beyond Lessor's reasonable control) and notify Lessee that it will be doing so, such notice to be mailed within thirty (30) days from the Basic Rent date of such damage or destruction, and Additional Rent until such repairs this Lease shall remain in full force and effect, but the rent for the period during which the Premises are untenantable shall be made shall be equitably abated according to pro rata (based upon the part portion of the Premises which is usable by Tenant, unless such damage was caused by the fault or negligence of Tenant or its servants, agents, employees, invitees, or licensees, in which case no abatement of Basic Rent or Additional Rent shall be madeuntenantable). Landlord agrees, at its expense, If Lessor is required to repair promptly any damage to the Office Complex and/or the Premises, except that Tenant agrees to repair as aforesaid, said work shall be undertaken and prosecuted with all due diligence and speed. If fire or replace its own furniture, furnishings and equipment. No penalty other casualty shall accrue due to an Excusable Delay. (2) If render the whole or any material part of the Premises are totally untenantable and the Premises cannot reasonably be expected to be made tenantable within one hundred twenty (120) days from the date of such event, then either party, by notice in writing to the other mailed within thirty (30) days from the date of such damage or destruction, may terminate this Lease effective upon a date within thirty (30) days from the date of such notice. In the event that more than fifty percent (50%) of the value of the specific office structure of which the Premises is a part is damaged or are rendered wholly untenantable destroyed by fire or other casualty, and irrespective of If fire or if Landlord's architect certifies that it cannot be repaired within nine (9) months other casualty shall render any material portion of the casualty Premises or if Landlord shall decide any material portion of the Office Complex untenantable and the insurance proceeds are not sufficient to restore or repair same, or shall decide to demolish the Building or to rebuild itmake repairs, then Landlord shallLessor may, by notice to Lessee, mailed within thirty (30) days after final adjustment of all the insurance claims from such fire or other casualty, give Tenant a notice of such circumstance or decision, and thereupon the Term shall expire ten (10) days after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord. (3) If Landlord fails to complete the repair and restoration of the Premises within nine (9) months from the date of the casualty (subject to Excusable Delays) then Tenant shall have the right to cancel and such damages or destruction, terminate this Lease effective upon a date within thirty (30) days from the delivery date of a notice to Landlord delivered such notice. However, Lessee may within fifteen (15) days from Lessor's notice of termination elect to fund the repair cost shortfall and upon making such funds available to lessor or an independent escrowee within fifteen (15) days of Lessee's election notice, Lessor's termination election shall be rescinded, and Lessor shall proceed to repair or restore the Premises and the Office Complex. If the Premises or the Office Complex is damaged, and such damage is of the type insured against under the fire and special form property damage insurance maintained by Lessor hereunder, the cost of repairing said damage up to the amount of the deductible under said insurance policy shall be included as a part of the Operating Expenses. If the damage is not covered by such insurance policies and Lessor elects to repair the damage, then Lessee shall pay Lessor a pro rata share of the "deductible amount" (if any) under Lessor's insurance policies based on Lessee's percentage interest of the Premises and, if the damage was due to an act or omission of Lessee, Lessee shall pay Lessor the difference between the actual cost of repair and any insurance proceeds received by Lessor. If fire or other casualty shall render the whole or any material part of the Premises untenantable and the Premises cannot reasonably be expected to be made tenantable within one hundred twenty (120) days from the date of such event and neither party hereto terminates this Lease pursuant to its rights herein or in the event that more than fifty percent (50%) of the value of the Office Complex is damaged or destroyed by fire or other casualty, and Lessor does not terminate this Lease pursuant to its option granted herein, or in the event that fifty percent (50%) or less of the value of the Office Complex is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor shall repair and restore the Premises and the Office Complex to as near their condition prior to the fire or other casualty as is reasonably possible with all due diligence and speed (subject to delays for causes beyond Lessor's reasonable control) and the rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable). In no event shall Lessor be obligated to repair or restore any special equipment or improvements installed by Lessee. Anything herein contained to the contrary notwithstanding, Lessor shall not be obligated to spend more than the net insurance proceeds received by Lessor on account of any fire or other casualty in order to repair or restore the Premises or the Office Complex following such casualty; provided, however, Lessor shall notify Lessee promptly after the expiration casualty if Lessor is unwilling to expend more than the net insurance proceeds. In the event of a termination of this Lease pursuant to this Article XI, rent shall be apportioned on a per diem basis and paid to the date of the aforesaid nine (9) month period. (4) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereunderfire or other casualty.

Damage by Fire or Other Casualty. 22.1 If Lessor shall not be liable for any damage or injury to the Premises shall be damaged by fire or other casualty not to Lessee arising from the fault or any act of gross negligence of Tenant or its servants, agents, employees, invitees or licensees or, if such damage irrespective of cause shall be insured: (1) except as otherwise provided in subsection (2) hereof, the damage shall be repaired by and at the expense of Landlord (subject to the receipt of applicable insurance proceeds) and the Basic Rent and Additional Rent until such repairs shall be made shall be equitably abated according to on the part of the Lessee, or for any other damage or injury to Lessee or property occasioned from or by any cause whatsoever, except damage or injury due to the grossly negligent or willful act or Lessor, its employees, agents or invitees. Lessee covenants and agrees with Lessor to assume full responsibility and liability for any injuries or damages sustained by any person or persons on the Premises which is usable by Tenantduring the term of this Lease or any extensions thereof, and to save Lessor harmless therefrom, unless such damage was caused by injuries or damages are due to the fault grossly negligent or negligence willful act of Tenant or Lessor, its servants, agents, employees, agents or invitees. In the event the Premises or the Building of which the Premises are a part is destroyed or injured by fire, earthquake or licenseesother casualty to the extent that either is untenable in whole or in part, in which case no abatement of Basic Rent or Additional Rent shall be made. Landlord agreesthen Lessor may, at its expenseoption, proceed with reasonable diligence to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings rebuild and equipment. No penalty shall accrue due to an Excusable Delay. (2) If restore the Premises are totally damaged or are rendered wholly untenantable by fire or other casualtysuch part thereof as may be damaged, or if Landlord's architect certifies provided that it cannot be repaired within nine (9) months of the casualty or if Landlord shall decide not to restore or repair same, or shall decide to demolish the Building or to rebuild it, then Landlord shall, within thirty (30) days after final adjustment such destruction or injury, Lessor shall notify Lessee in writing of all its intentions to do so, and provided further that Lessor can complete such rebuilding and restoration in one hundred twenty (120) days, and during the insurance claims from such fire or other casualty, give Tenant a notice period of such circumstance or decisionrebuilding and restoration, and thereupon the Term rent hereunder shall expire ten (10) days after such be abated. If Lessor shall fail to notify Lessee, as aforesaid, then this Lease, at the expiration at the time for giving said notice is givenas provided for herein, and Tenant shall vacate the Premises and surrender the same to Landlord. (3) If Landlord fails to complete the repair and restoration be terminated as of the Premises within nine (9) months from the date time of the casualty (subject to Excusable Delays) then Tenant shall have the right to cancel and terminate this Lease upon the delivery of a notice to Landlord delivered within fifteen (15) days after the expiration of the aforesaid nine (9) month period. (4) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereunderinjury or destruction.

Damage by Fire or Other Casualty. 22.1 If the Premises shall be damaged by fire or other casualty not arising from the fault or negligence of Tenant or its servants, agents, employees, invitees or licensees or, if such damage irrespective of cause shall be insuredcasualty: (1) except as otherwise provided in subsection (2) hereof, the damage shall be promptly repaired by and at the expense of Landlord (subject to the receipt of applicable insurance proceeds) and the Basic Rent and Additional Rent until such repairs shall be made shall be equitably abated according to the part of the Premises which is usable by Tenant, unless such damage was caused by the fault gross negligence or negligence willful misconduct of Tenant or its servants, agents, employees, invitees, or licensees, in which case no abatement of Basic Rent or Additional Rent shall be made. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to an Excusable Delay. (2) If the Premises are totally damaged or are rendered wholly untenantable by fire or other casualty, or if Landlord's architect certifies that it cannot be repaired within nine (9) months of the casualty or if Landlord shall decide not to restore or repair same, or shall decide to demolish the Building or to rebuild itBuilding, then Landlord shall, within thirty sixty (3060) days after final adjustment of all the insurance claims from such fire or other casualty, give Tenant a notice of such circumstance or decision, and thereupon the Term shall expire ten (10) days after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord. (3) If Landlord fails to complete the repair and restoration of the Premises within nine (9) months from the date of the casualty (subject to Excusable Delays) then Tenant shall have the right to cancel and terminate this Lease upon the delivery of a notice to Landlord delivered within fifteen (15) days after the expiration of the aforesaid nine (9) month period. (4) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereunder.

Damage by Fire or Other Casualty. 22.1 If In the event of any damage or loss to the Leased Premises shall be damaged by reason of fire or other casualty not arising from the fault or negligence of casualty, Tenant or its servants, agents, employees, invitees or licensees or, if such damage irrespective of cause shall be insured: (1) except as otherwise provided in subsection (2) hereof, the damage shall be repaired by and at the expense of Landlord (subject will give immediate notice thereof to the receipt of applicable insurance proceeds) and the Basic Rent and Additional Rent until such repairs shall be made shall be equitably abated according to the part of the Premises which is usable by Tenant, unless such damage was caused by the fault or negligence of Tenant or its servants, agents, employees, invitees, or licensees, in which case no abatement of Basic Rent or Additional Rent shall be madeLandlord. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to an Excusable Delay. (2) If the Leased Premises are totally partially damaged or are rendered wholly untenantable destroyed by fire or other casualty, or if Landlord's architect certifies that it cannot be repaired within nine (9) months of the casualty or if Landlord shall decide not to restore or repair same, or shall decide to demolish the Building or to rebuild it, then Landlord shall, will notify Tenant within thirty (30) days after final adjustment the fire or casualty, whether or not the Leased Premises can be restored within one hundred twenty (120) days from such notice. In the Landlord’s sole judgment, if the Leased Premises can be restored within one hundred twenty (120) days, Landlord will restore the same at Landlord’s expense and will use its best efforts to complete restoration within said time period. In the event the damage cannot be restored within one hundred twenty (120) days, either party, by written notice to the other within five (5) days after receipt of such notice, to be effective thirty (30) days after receipt of such notice, may terminate this Lease and all obligations hereunder. Notwithstanding the foregoing, in no event will Landlord be obligated to expend for any repairs or restoration an amount in excess of the insurance claims proceeds recovered by Landlord on account of such damage or destruction. In the event of repair or restoration as herein provided, Minimum Rent and Additional Rent will be abated equitably, in a manner proportionate with the degree in which Tenant’s use of the Leased Premises is impaired commencing the date of destruction and continuing during the period of restoration. Tenant will continue operation of its business in the Leased Premises during any such period to the extent commercially practicable and the obligation of Tenant hereunder to pay all other charges set forth herein will remain in full force and effect. Tenant will not be entitled to actual or consequential damages or other compensation or damages from Landlord for loss of use of the whole or any part of the Leased Premises, or the Building which forms a part of the Leased Premises, Tenant’s personal property or any inconvenience or annoyance occasioned by such damage or reconstruction. Notwithstanding the foregoing to the contrary, if any such fire or other casualty, give Tenant casualty is as a notice of such circumstance or decision, and thereupon the Term shall expire ten (10) days after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord. (3) If Landlord fails to complete the repair and restoration result of the Premises within nine (9) months from the date negligence or willful acts of the casualty (subject to Excusable Delays) then Tenant, Tenant shall will not have the right to cancel and terminate this Lease upon as aforesaid, and Tenant will, at Tenant’s sole cost and expense, promptly repair and restore the delivery of a notice to Landlord delivered within fifteen (15) days after the expiration Leased Premises, and any portion of the aforesaid nine (9) month period. (4) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereunderBuilding so damaged as a result of Tenant’s conduct.

Damage by Fire or Other Casualty. 22.1 If the Premises shall be damaged by fire or other casualty not arising from the fault or negligence of Tenant or its servants, agents, employees, invitees or licensees or, if such damage irrespective of cause shall be insured: (1) except as otherwise provided in subsection (2) hereof, the damage shall be repaired by and at the expense of Landlord (subject to the receipt of applicable insurance proceeds) and the Basic Rent and Additional Rent until such repairs shall be made shall be equitably abated according to the part of the Premises which is usable by Tenant, unless such damage was caused by the fault or negligence of Tenant or its servants, agents, employees, invitees, or licensees, in which case no abatement of Basic Rent or Additional Rent shall be made. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to an Excusable Delay. (2) If the Premises are totally damaged or are rendered wholly untenantable destroyed by fire or other casualty, Tenant shall promptly notify Landlord, and Landlord, subject to the conditions set forth in this Section, shall repair such damage and restore the Premises to substantially the same condition in which they were immediately prior to such damage or if Landlord's architect certifies that it candestruction, but not be repaired within nine (9) months including the repair, restoration or replacement of the casualty fixtures, equipment, or Alterations installed by or on behalf of Tenant, except for Landlord’s Work. Landlord shall notify Tenant, within 30 days after the date of the casualty, if Landlord shall decide not to restore or repair same, or shall decide to demolish anticipates that the Building or to rebuild it, then Landlord shall, within thirty (30) restoration will take more than 180 days after final adjustment of all the insurance claims from such fire or other casualty, give Tenant a notice of such circumstance or decision, and thereupon the Term shall expire ten (10) days after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord. (3) If Landlord fails to complete the repair and restoration of the Premises within nine (9) months from the date of the casualty to complete, such notice to include Landlord’s reasonable estimate of the time required to complete such restoration; in such event, either Landlord or Tenant (unless the damage was caused by Tenant) may terminate this Lease effective as of the date of casualty by giving notice to the other within 10 days after Landlord’s notice. If (i) Landlord notifies Tenant that such repair and restoration will take more than 180 days from the date of the casualty to complete and neither party terminates this Lease, or (ii) Landlord anticipates that such repair and restoration will take 180 days or less from the date of the casualty to complete, then Landlord shall commence such repair and restoration (including, without limitation, the Landlord’s Work) as promptly as reasonably possible under the circumstances and shall diligently work to complete the repair and restoration, subject to Excusable Delaysdelays caused by Tenant or its Agents or delays due to Force Majeure (as defined below). Notwithstanding anything to the contrary contained in this Section, (a) in the event Landlord notifies Tenant that such repair and restoration will be completed within said 180 day time period, and such restoration is not, in fact, substantially completed within such 180 day time period, as such time period shall be extended for delays caused by Tenant or its Agents and/or delays due to Force Majeure, then Tenant (unless the damage was caused by Tenant) shall have the right option to cancel and terminate this Lease upon the delivery on 30 days prior written notice by giving Landlord notice of a notice to Landlord delivered such termination within fifteen (15) 30 days after the expiration of such 180 day time period, as such time period shall be extended for delays caused by Tenant or its Agents and/or delays due to Force Majeure, provided, however, that if Tenant gives such notice of termination pursuant to this paragraph and Landlord then substantially completes the aforesaid nine restoration and repair within such 30 day time period, then Tenant’s notice of termination shall be deemed revoked and this Lease shall continue in full force and effect, and (9b) month period. (4) in the event Landlord agrees notifies Tenant that it shall diligently pursue all such repair and restoration work will take more than 180 days from the date of the casualty to complete and neither party terminates this Lease, such notice to include Landlord’s reasonable estimate of the time required to complete such restoration, and such restoration is not in fact substantially completed within the time period set forth in Landlord’s notice, as such time period shall be extended for delays caused by Tenant or its Agents and/or delays due to Force Majeure, then Tenant (unless the damage was caused by Tenant) shall have the option to terminate this Lease on 30 days prior written notice by giving Landlord notice of such termination within 30 days after expiration of such time period, as such time period shall be extended for delays caused by Tenant or its part Agents and/or delays due to Force Majeure, provided, however, that if Tenant gives such notice of termination pursuant to this paragraph and Landlord then substantially completes the restoration and repair within such 30 day time period, then Tenant’s notice of termination shall be deemed revoked and this Lease shall continue in full force and effect. For purposes of the foregoing sentence only, substantial completion shall mean the Premises has been restored to substantially the same condition in which it was in immediately prior to such damage or destruction, including the Landlord’s Work, but excepting the repair, restoration or replacement of the fixtures, equipment, or Alterations installed by or on behalf of Tenant and incomplete items which do not adversely affect in a material way or materially interfere with Tenant’s use and occupancy of the Premises, which incomplete items shall be set forth on a punch list; provided, however, that substantial completion shall not be later than the date Tenant takes possession of the Premises for the conduct of its business, if earlier. If a casualty occurs during the last 12 months of the Term, Landlord may terminate this Lease unless Tenant has the right to extend the Term for at least 3 more years and does so within 30 days after Landlord’s notice to terminate. Moreover, Landlord may terminate this Lease if the loss is not covered by the terms of the insurance policies required to be completed hereundermaintained and actually maintained by Landlord under this Lease. Notwithstanding the foregoing, Landlord shall have no right to terminate this Lease under the preceding sentence if the damage to the Premises is sufficiently minor in scope such that (i) Rent or any portion thereof would not be abated as a result thereof, or (ii) Landlord reasonably anticipates that less than 30 days will be required to restore any damage. Tenant will receive an abatement of Minimum Annual Rent and Annual Operating Expenses to the extent the Premises are rendered untenantable as a result of the casualty. In the event of a casualty, Tenant may elect, in its sole discretion, whether to restore, at its expense, any Alterations destroyed by such casualty and required to be removed at the end of the Term.

Damage by Fire or Other Casualty. 22.1 If In the Premises event the Demised Premises, or any part thereof, shall be damaged by fire or other casualty not arising from during the fault term, Landlord agrees that it will restore the Demised Premises, with reasonable dispatch, to substantially the same condition they were in prior to such damage, and if the Demised Premises are rendered wholly or negligence partially untenantable as a result of Tenant or its servantssuch damage, agents, employees, invitees or licensees orthe Base Rent and all Additional Rent payable hereunder shall be equitably abated (according to the loss of use) during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage irrespective of cause shall be insured: (1) except as otherwise provided in subsection occurs during the last two (2) hereofyears of the term, and if such damage exceeds fifty percent (50%) of the damage shall be repaired then insurable value of the Demised Premises, either Landlord or Tenant may terminate this lease as of the date of such damage, by and at the expense of Landlord (subject giving to the receipt other written notice of applicable insurance proceeds) and the Basic Rent and Additional Rent until such repairs shall be made shall be equitably abated according its intention so to the part of the Premises which is usable by Tenant, unless such damage was caused by the fault or negligence of Tenant or its servants, agents, employees, invitees, or licensees, in which case no abatement of Basic Rent or Additional Rent shall be made. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to an Excusable Delay. (2) If the Premises are totally damaged or are rendered wholly untenantable by fire or other casualty, or if Landlord's architect certifies that it cannot be repaired within nine (9) months of the casualty or if Landlord shall decide not to restore or repair same, or shall decide to demolish the Building or to rebuild it, then Landlord shall, do within thirty (30) days after final adjustment the date such damage occurs; provided, however, that if this lease gives Tenant an option to extend the term (other than automatic renewal as set forth in paragraph 2) and Tenant extends the term of all this lease for at least two (2) years by exercising such option within thirty (30) days after the insurance claims from time such fire or other casualtycasualty occurs, give Tenant a notice of such circumstance or decision, and thereupon the Term shall expire ten (10) days after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord. (3) If neither Landlord fails to complete the repair and restoration of the Premises within nine (9) months from the date of the casualty (subject to Excusable Delays) then nor Tenant shall have the right to cancel and terminate this Lease upon lease. If this lease is so terminated, the delivery rental payable hereunder shall be abated as of a notice to Landlord delivered the date of such damage, and Tenant shall remove all of its property from the Demised Premises within fifteen thirty (1530) days after the expiration notice of the aforesaid nine (9) month period. (4) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereundertermination is given.

Damage by Fire or Other Casualty. 22.1 If 11.1 In the event the Demised Premises shall be destroyed or so damaged by fire or other casualty not arising from so as to render the fault or negligence of Tenant or its servantsDemised Premises wholly untenantable, agents, employees, invitees or licensees or, if such damage irrespective of cause shall be insured: (1) except as otherwise provided in subsection (2) hereof, the damage shall be repaired by and at the expense of Landlord (subject to the receipt of applicable insurance proceeds) and the Basic Rent and Additional Rent until such repairs shall be made shall be equitably abated according to the part of the Premises which is usable by Tenant, unless such damage was caused by the fault or negligence of Tenant or its servants, agents, employees, invitees, or licensees, in which case no abatement of Basic Rent or Additional Rent shall be made. Landlord agreesLandlord, at its expenseoption, to shall (a) restore and repair promptly any such damage to the Premises, except that Demised Premises in which event the basic monthly rent shall xxxxx on a per diem thirty (30) day month basis during the period of restoration; or (b) terminate this lease or any renewal thereof by giving written notice to Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to an Excusable Delay. (2) If the Premises are totally damaged or are rendered wholly untenantable by fire or other casualty, or if Landlord's architect certifies that it cannot be repaired within nine (9) months of the casualty or if Landlord shall decide not to restore or repair same, or shall decide to demolish the Building or to rebuild it, then Landlord shall, within thirty (30) days after final adjustment such fire or casualty, and the rent shall terminate as of all the insurance claims from day of such fire or casualty. In the event the leased premises shall be destroyed or so damaged but are not thereby rendered wholly untenantable, Landlord shall restore the leased premises within ninety (90) days of the date of such fire or other casualty, give and while such damage is being repaired, the basic monthly rent shall be reduced by an amount which bears the same ratio to the monthly rent that the floor area rendered untenantable bears to the total floor area of the Demised Premises; if the amount of damage or destruction is such that Tenant a notice cannot reasonably operate its business at the Premises, then the full rent shall xxxxx during said period of such circumstance restoration. In the event the Demised Premises shall be destroyed or decisionso damaged by fire or other casualty so as to render the Premises wholly untenantable, and thereupon such destruction or damage occurs during the Term shall expire ten last year of the term of this Lease or the last year of any option period hereunder, and such damage or destruction cannot be repaired within ninety (1090) days after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord. (3) If Landlord fails to complete the repair and restoration of the Premises within nine (9) months from the date of the casualty (subject to Excusable Delays) such damage or destruction, then Tenant shall have the right may elect to cancel and terminate this Lease upon the delivery of a by giving written notice to Landlord delivered within fifteen (15) days after the expiration of the aforesaid nine (9) month period. (4) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereunderLandlord.

Damage by Fire or Other Casualty. 22.1 If the Premises shall be damaged by fire or other casualty not arising insurable under a standard fire and extended risk policy of insurance as issued in the State of Arizona from time to time shall render the whole or any material portion of the Premises untenantable, and if the Premises can reasonably be expected to be repairable within one hundred eighty (180) days from the fault date of such event, then Lessor shall repair and restore the Premises and the Shopping Center Tract to as near their condition prior to the fire or negligence of Tenant or its servants, agents, employees, invitees or licensees or, if other casualty as is reasonably possible within such damage irrespective of cause shall be insured: one hundred eighty (1180) except as otherwise provided in subsection (2) hereof, the damage shall be repaired by and at the expense of Landlord day period (subject to the receipt of applicable insurance proceedsdelays for causes beyond Lessor's reasonable control) and notify Lessee that it will be doing so, such notice to be mailed within ninety (90) days from the Basic date of such damage or destruction, and this Lease shall remain in full force and effect, but the Annual Minimum Rent and Additional Rent until such repairs other charges for the period during which the Premises are untenantable shall be made shall be equitably abated according to pro rata (based upon the part portion of the Premises which is usable untenantable). If fire or other casualty insurable under a standard fire and extended policy issued from time to time in the State of Arizona shall render the whole or any material part of the Premises untenantable and the Premises cannot reasonably be expected to be repairable within one hundred eighty (180) days from the date of such event, or if an uninsurable casualty shall render the whole or any portion of the Premises untenantable, then Lessor, by Tenant, unless notice in writing to Lessee mailed within ninety (90) days from the date of such damage was caused by or destruction may terminate this Lease effective upon a date within thirty (30) days from the fault or negligence date of Tenant or its servants, agents, employees, invitees, or licensees, in which case no abatement such notice. In the event that more than fifty percent (50%) of Basic Rent or Additional Rent shall be made. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to an Excusable Delay. (2) If value of the Premises are totally Shopping Center Tract is damaged or are rendered wholly untenantable destroyed by fire or other casualty, and irrespective of whether such damage or if Landlord's architect certifies that it cannot destruction can be repaired within nine one hundred eighty (9180) months of the casualty or if Landlord shall decide not to restore or repair same, or shall decide to demolish the Building or to rebuild itdays thereafter, then Landlord shallat Lessor's option, by written notice to Lessee mailed within thirty ninety (3090) days after final adjustment from the date of all such damage or destruction, Lessor may terminate this Lease effective upon a date within ninety (90) days from the insurance claims from date of such notice to Lessee. If fire or other casualty, give Tenant whether or not insurable under a notice of such circumstance standard fire and extended risk policy, shall render the whole or decision, and thereupon the Term shall expire ten (10) days after such notice is given, and Tenant shall vacate the Premises and surrender the same to Landlord. (3) If Landlord fails to complete the repair and restoration any material part of the Premises untenantable and the Premises cannot reasonably be expected to be repairable within nine one hundred eighty (9180) months days from the date of such event and Lessor does not terminate this Lease pursuant to its rights herein, or in the event that more than fifty percent (50%) of the value of the Shopping Center Tract is damaged or destroyed by fire or other casualty and Lessor does not terminate this Lease pursuant to its option granted herein, or in the event that fifty percent (50%) or less of the value of the Shopping Center Tract is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor shall repair and restore the Premises and the Shopping Center Tract to as near their condition prior to the fire or other casualty as is reasonably possible within that time period reasonably necessary for such repair and restoration (subject to Excusable Delaysdelays for causes of the type described in Article XXIII.V) then Tenant and the Annual Minimum Rent and other charges for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable). In no event shall Lessor be obligated to repair or restore any special equipment or improvements installed by Lessee. Lessor's obligation to rebuild and repair under this Article shall in all events be limited to the extent of the insurance proceeds available to Lessor for such restoration, and Lessee agrees that promptly after completion of such work by Lessor, it will proceed with reasonable diligence and at its sole cost and expense to rebuild, repair and/or replace its signs, fixtures and equipment. In the event of a termination of this Lease pursuant to this Article, Rent and other charges shall be apportioned on a per diem basis and paid to the date of such termination. Notwithstanding anything to the contrary herein contained, in the event the Premises shall be damaged or destroyed by fire or otherwise in excess of thirty percent (30%) of the full replacement cost of the Premises, during the last year of the Term, either party shall have the right option to cancel and terminate this Lease upon as of the delivery date of a such damage or destruction by giving written notice to Landlord delivered the other party within fifteen ninety (1590) days after following the expiration date of the aforesaid nine (9) month period. (4) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereundersuch damage or destruction.

Damage by Fire or Other Casualty. 22.1 If the Premises shall be damaged by fire or other casualty not arising from the fault or negligence of Tenant or its servants, agents, employees, invitees or licensees or, if such damage irrespective of cause shall be insured: (1) except as otherwise provided in subsection (2) hereof, the damage shall be repaired by and at the expense of Landlord (subject to the receipt of applicable insurance proceeds) and the Basic Rent and Additional Rent until such repairs shall be made shall be equitably abated according to the part of the Premises which is usable by Tenant, unless such damage was caused by the fault or negligence of Tenant or its servants, agents, employees, invitees, or licensees, in which case no abatement of Basic Rent or Additional Rent shall be made. Landlord agrees, at its expense, to repair promptly any damage to the Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to an Excusable Delay. (2) If the Premises are totally damaged or are rendered wholly untenantable destroyed by fire or other casualty, Tenant shall promptly notify Landlord, and Landlord, subject to any mortgagee's consent to the conditions set forth in this Section 12, and subject also to the provisions of Paragraph (b) below, shall repair, rebuild or replace such damage and restore the Premises to substantially the same condition in which they were immediately prior to such damage or destruction; provided further, that if Landlord's architect certifies that it cannot be repaired within nine a casualty occurs during the last twelve (912) months of the casualty Term or any extension thereof, Landlord may cancel this lease. The work shall be commenced promptly and completed with due diligence, taking into account the time required by Landlord to effect a settlement with, and procure insurance proceeds from, the insurer, and for delays beyond Landlord's reasonable control. In the event that, in the reasonable opinion of a reputable contractor or architect designated by Landlord (the "Rebuilding Report"), and communicated to Tenant, the work cannot reasonably be completed within one hundred eighty (180) days of the casualty, Landlord may terminate this lease by written notice to Tenant within ten (10) business days after Landlord receives the Rebuilding Report. In addition, if the Rebuilding Report shows that the work cannot reasonably be completed within two hundred ten (210) days of the casualty, Tenant may terminate this Lease by written notice to Landlord within ten (10) business days after Tenant receives the Rebuilding Report, but such termination must occur before Landlord has started repair and restoration. The net amount of any insurance proceeds (excluding proceeds received pursuant to a rental coverage endorsement) recovered by reason of the damage or destruction of the Premises in excess of the cost of adjusting the insurance claim and collecting the insurance proceeds (such excess amount being hereinafter called the "net insurance proceeds") shall be applied towards the reasonable cost of restoration. If in Landlord's reasonable opinion the cost of completing such restoration will exceed the net insurance proceeds despite Landlord's compliance with Section 7(e)(i), Landlord shall decide not to restore or repair same, or shall decide to demolish have the Building or to rebuild it, then Landlord shallright, within thirty (30) days after final adjustment of the casualty, to terminate this lease and all the insurance claims from such fire or other casualty, give Tenant unaccrued obligations of the parties hereto by sending a written notice of such circumstance or decisiontermination to Tenant, and thereupon the Term shall expire notice to specify a termination date no less then ten (10) days after such notice is given, and Tenant shall vacate its transmission. Landlord's obligation or election to restore the Premises under this Section shall include the repair, restoration or replacement of the base Building and surrender the same Tenant Improvements, but shall not include fixtures, alterations, furniture or any other property owned, installed, made by, or in the possession of Tenant. Rent shall equitably axxxx for any period that Tenant is unable to Landlord. (3) If Landlord fails to complete the repair and restoration use all or a portion of the Premises within nine (9) months from the date of the casualty (subject to Excusable Delays) then Tenant shall have the right to cancel and terminate this Lease upon the delivery as a result of a notice to Landlord delivered within fifteen (15) days after the expiration casualty normally covered by an "all risk" type of the aforesaid nine (9) month period. (4) Landlord agrees that it shall diligently pursue all repair and restoration work required on its part to be completed hereunderinsurance policy.