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

Damage by Fire or Other Casualty. If during the Term any of -------------------------------- the Hotels shall be damaged or destroyed by fire, or any other casualty or cause whatsoever, Tenant shall forthwith proceed to repair and/or rebuild the same, free of all liens, claims and encumbrances, to the same general design and specification as existed immediately before such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes (other than financial), whether similar or dissimilar, beyond the control of Tenant. Materials used in repair shall be as nearly like or superior in quality to original materials as may then be reasonably procured in regular channels of supply. All proceeds of insurance carried on the Premises pursuant to Article XIII hereof and payable as a result of such damage or destruction, other than proceeds attributable to Tenant's personal property and other than the proceeds of insurance referred to in Section 13.1(c), shall be used for the purpose of such repair or rebuilding in accordance with the provisions of Article XIII, and, if either Landlord or the Insurance Trustee shall fail to make such insurance proceeds available in violation of the provisions of Article XIII, and such failure shall continue for a period of 90 days after Notice of such failure is delivered by Tenant to Landlord, Tenant's obligation to repair and rebuild hereunder shall be suspended until such time as such insurance proceeds are so made available. If such insurance proceeds are not so made available within one (1) year thereafter as a result of a continued violation of the provisions of Article XIII by the Insurance Trustee or Landlord then, but only then, may Tenant at its option, terminate this Lease upon ninety (90) days prior Notice to Landlord. Upon any such termination, Landlord shall have all rights to any insurance proceeds. If Tenant is not required to repair or rebuild by the terms or conditions of this Lease, all such insurance proceeds (whether paid to the Insurance Trustee or Tenant) shall be paid to Landlord. If Tenant is required to, and does repair or rebuild, any excess insurance proceeds shall be paid to Tenant.

Damage by Fire or Other Casualty. If Subject to the provisions of Section 14.06, if during the Term any of -------------------------------- the Hotels Premises shall be damaged or destroyed by fire, or any other casualty or cause whatsoever, Tenant shall forthwith proceed to repair and/or rebuild the same, free of all liens, claims and encumbrances, to the same general design and specification as existed immediately before such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes (other than financial), whether similar or dissimilar, dissimilar beyond the control of Tenant. Materials used in repair shall be as nearly like or superior in quality to original materials as may then be reasonably procured in regular channels of supply. All proceeds of insurance carried on the Premises pursuant to Article XIII hereof and 13 hereof, payable as a result of such damage or destruction, other than proceeds attributable to Tenant's personal property and other than the proceeds of insurance referred to in Section 13.1(c), shall be used for the purpose of such repair or rebuilding in accordance with the provisions of Article XIII13, and, if either Landlord or such insurance proceeds are not so made available by the Insurance Trustee shall fail to make such insurance proceeds available or Landlord in violation of accordance with the provisions of Article XIII, 13 and such failure shall continue for a period of 90 days after Notice of such failure is delivered by Tenant to Landlord, Tenant's obligation to repair and rebuild hereunder shall be suspended until such time as such insurance proceeds are so made available. If such insurance proceeds are not so made available within one (1) year thereafter as a result of a continued violation of the provisions of Article XIII by the Insurance Trustee or Landlord thenthereafter, but only thenTenant, may Tenant at its option, option may terminate this Lease upon ninety (90) days prior Notice to Landlord. Upon any such termination, Landlord shall have all rights to any insurance proceeds. If In the event Tenant is not required to repair or rebuild by the terms or conditions of this Lease, all such insurance proceeds (whether paid to the Insurance Trustee or Tenant) shall be paid to Landlord. If Tenant is required to, and does repair or rebuild, any excess insurance proceeds shall be paid to Tenant.

Damage by Fire or Other Casualty. a) If during the Term any of -------------------------------- the Hotels shall be Premises or Building is damaged or destroyed by fire, fire or any other casualty or cause whatsoevercasualty, Tenant shall forthwith proceed to repair and/or rebuild the samepromptly notify Landlord whereupon Landlord shall, free of all liens, claims and encumbrances, subject to the consent of Landlord's present or future mortgagee and to the conditions set forth in this Section 15, repair, rebuild or replace such damage and restore the Premises to substantially the same general design and specification condition as existed the Premises were in immediately before prior to such damage or destruction; provided, however, that Landlord shall only be obligated to restore such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes (other than financial), whether similar or dissimilar, beyond the control extent of Tenant. Materials used in repair shall be as nearly like or superior in quality to original materials as may then be reasonably procured in regular channels of supply. All the proceeds of fire and other extended coverage insurance carried on policies. Notwithstanding anything to the contrary contained in this Lease, if the Premises pursuant is damaged or destroyed by fire or any casualty which cannot, despite diligent, good faith efforts be repaired or restored within one hundred eighty (180) days following the date on which such damage occurs, then Tenant or Landlord may elect to Article XIII hereof and payable terminate this Lease effective as a result of the date of such damage or destruction, other than proceeds attributable to Tenant's personal property and other than . Within thirty (30) days after the proceeds of insurance referred to in Section 13.1(c), shall be used for the purpose date of such damage, the parties shall determine how long the repair or rebuilding in accordance with and restoration will take. After that determination has been made, if the determination is that the restoration will take more than one hundred eighty (180) days to complete, Tenant and Landlord shall have a period of thirty (30) days to terminate this Lease by giving written notice to the other. If neither party elects to terminate this Lease as provided herein, then Landlord shall, subject to the provisions of Article XIIIthis Section, andpromptly commence and diligently pursue to completion the repair of such damage so that the Premises are restored to a condition of similar quality, if character and utility for Tenant's purposes. If the Premises are not substantially repaired and restored within two hundred and forty (240) days of the date of the damage, Tenant may cancel this Lease at any time before Landlord substantially completes the repairs and delivers the restored Premises to Tenant. If Tenant does not so terminate, Landlord shall continue to restore the Premises. In the event of termination, Landlord shall return any prepaid Fixed Basic Rent, Additional Rent and any other prepaid amounts to Tenant within thirty (30) days from the date of termination of this Lease. If any damage or destruction occurs to the Premises during the last year of the Term and the cost to repair the damage exceeds Five Hundred Thousand Dollars ($500,000.00) either Landlord or the Insurance Trustee shall fail to make such insurance proceeds available in violation of the provisions of Article XIII, and such failure shall continue for a period of 90 days after Notice of such failure is delivered by Tenant to Landlord, Tenant's obligation to repair and rebuild hereunder shall be suspended until such time as such insurance proceeds are so made available. If such insurance proceeds are not so made available within one (1) year thereafter as a result of a continued violation of the provisions of Article XIII by the Insurance Trustee or Landlord then, but only then, may Tenant at its option, terminate this Lease upon ninety giving the other party thirty (9030) days prior Notice written notice; provided, however, that if Landlord notifies Tenant that it wishes to terminate this Lease, then Tenant may, if it has not already done so, exercise its right to extend the term of the Lease under Rider A, whereupon Landlord's election to terminate shall be null and void. Upon If Landlord is required to repair or restore the Premises under any provision of this Article and Tenant's use of the Premises is affected, then until Landlord completes such terminationrepair or restoration, Fixed Basic Rent, Additional Rent and all other charges payable by Tenant hereunder shall ▇▇▇▇▇ in their entirety, unless Tenant remains in possession of the Premises, in which event such rent and other charges shall ▇▇▇▇▇ based on the portion of the Premises which is not being used by Tenant. b) The repair, rebuilding or replacement 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. c) The net amount of any insurance proceeds recovered by reason of the damage or destruction of the Building (meaning the gross insurance proceeds excluding proceeds received pursuant to a rental coverage endorsement and the cost of adjusting the insurance claim and collecting the insurance proceeds) shall be applied towards the cost of restoration. Notwithstanding anything to the contrary in this Lease Agreement, if in Landlord's reasonable opinion the net insurance proceeds will not be adequate to complete such restoration, Landlord shall have the right to terminate this Lease and all rights the unaccrued obligations of the parties hereto by sending a written notice of such termination to Tenant specifying a termination date no less than ten (10) days after its transmission; provided, that Landlord terminates all other office Leases in the Building affected by such casualty If the net insurance proceeds are more than adequate, the amount by which the net insurance proceeds exceed the cost of restoration will be retained by Landlord or applied to repayment of any mortgage secured by the Premises. d) Landlord's obligation or election to restore the Premises under this Section shall be subject to the terms of any present or future mortgage affecting the Premises and to the mortgagee's consent if required in the mortgage and shall not, in any event, include the repair, restoration or replacement of the fixtures, improvements, alterations, furniture or any other property owned, installed, made by, or in the possession of Tenant. e) Landlord shall maintain insurance proceedsagainst loss or damage to the Building by fire and such other casualties as may be included within fire and extended coverage insurance or all-risk insurance, together with a rental coverage endorsement or other comparable form of coverage. If Tenant is not required dispossessed of the Premises due to repair fire or rebuild by other casualty, Tenant will receive an abatement of its Fixed Basic Rent during the terms or conditions of this Lease, all such insurance proceeds (whether paid period Tenant is dispossessed to the Insurance Trustee or Tenant) shall be paid to Landlord. If Tenant is required to, and does repair or rebuild, any excess insurance proceeds shall be paid to Tenantextent of payments received by Landlord from the carrier providing the rental coverage endorsement.

Damage by Fire or Other Casualty. a) If during the Term any of -------------------------------- the Hotels shall be Premises or Building is damaged or destroyed by fire, fire or any other casualty or cause whatsoevercasualty, Tenant shall forthwith proceed to repair and/or rebuild the samepromptly notify Landlord whereupon Landlord shall, free of all liens, claims and encumbrances, subject to the consent of Landlord’s present or future mortgagee and to the conditions set forth in this Section 16, repair, rebuild or replace such damage and restore the Premises to substantially the same general design and specification condition as existed the Premises were in immediately before prior to such damage or destruction; provided, however, that Landlord shall only be obligated to restore such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or the extent of the proceeds actually received from fire and other causes extended coverage insurance policies and only if there are at least nine (other than financial), whether similar or dissimilar, beyond the control of Tenant. Materials used in repair shall be as nearly like or superior in quality to original materials as may then be reasonably procured in regular channels of supply. All proceeds of insurance carried 9) months remaining on the Lease Term, in either of which case, Landlord may elect to terminate the Lease. Notwithstanding the foregoing, if the Premises pursuant is destroyed or damaged to Article XIII hereof and payable as a result of the extent that in Landlord’s sole judgment the Premises cannot be repaired or restored within one hundred eighty (180) days after such damage casualty or destruction, other than proceeds attributable to Tenant's personal property and other than the proceeds of insurance referred to in Section 13.1(c), shall that it cannot be used for the purpose of such repair or rebuilding in accordance sufficiently restored with the provisions amount of Article XIIIexpected insurance proceeds, and, if either Landlord or the Insurance Trustee shall fail to make such insurance proceeds available in violation of the provisions of Article XIII, and such failure shall continue for a period of 90 days after Notice of such failure is delivered by Tenant to Landlord, Tenant's obligation to repair and rebuild hereunder shall be suspended until such time as such insurance proceeds are so made available. If such insurance proceeds are not so made available within one (1) year thereafter as a result of a continued violation of the provisions of Article XIII by the Insurance Trustee or Landlord then, but only then, may Tenant at its option, terminate this Lease upon by written notice to Tenant within ninety (90) days prior Notice after the date of such casualty. b) The repair, rebuilding or replacement 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. c) The net amount of any insurance proceeds recovered by reason of the damage or destruction of the Building (meaning the gross insurance proceeds excluding proceeds received pursuant to a rental coverage endorsement and the cost of adjusting the insurance claim and collecting the insurance proceeds) shall be applied towards the cost of restoration unless Landlord elects not to rebuild as provided in Section 16(a). Upon any Notwithstanding anything to the contrary in this Lease, if in Landlord’s sole opinion the net insurance proceeds will not be adequate to complete such terminationrestoration, Landlord shall have the right to terminate this Lease and all rights the unaccrued obligations of the parties hereto by sending a written notice of such termination to any insurance proceedsTenant specifying a termination date no less than ten (10) days after its transmission. If the net insurance proceeds are more than adequate, the amount by which the net insurance proceeds exceed the cost of restoration will be retained by Landlord or applied to repayment of any mortgage secured by the Premises. d) ▇▇▇▇▇▇▇▇’s obligation or election to restore the Premises under this Section or to terminate this Lease shall be subject to the terms of any present or future mortgage affecting the Premises and to the mortgagee’s consent if required in the mortgage and shall not, in any event, include the repair, restoration or replacement of the fixtures, improvements, alterations, furniture or any other property owned, installed, made by, or in the possession of Tenant. e) If ▇▇▇▇▇▇ is dispossessed of the Premises due to fire or other casualty, Tenant will receive a pro-rata abatement of its Fixed Basic Rent during the period Tenant is not required to repair or rebuild by the terms or conditions of this Lease, all such insurance proceeds (whether paid dispossessed to the Insurance Trustee or Tenant) shall be paid to Landlord. If Tenant is required to, and does repair or rebuild, any excess insurance proceeds shall be paid to Tenantextent of such dispossession.

Damage by Fire or Other Casualty. If during the Term any of -------------------------------- the Hotels shall be damaged or destroyed by fire, or any other casualty or cause whatsoever, Tenant shall forthwith proceed to repair and/or rebuild the same, free of all liens, claims and encumbrances, to the same general design and specification as existed immediately before such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes (other than financial), whether similar or dissimilar, beyond the control of Tenant. Materials used in repair shall be as nearly like or superior in quality to original materials as may then be reasonably procured in regular channels of supply. All proceeds of insurance carried on the Premises pursuant to Article XIII hereof and payable as a result of such damage or destruction, other than proceeds attributable to Tenant's personal property and other than the proceeds of insurance referred to in Section 13.1(c), shall be used for the purpose of such repair or rebuilding in accordance with the provisions of Article XIII, and, if either Landlord or the Insurance Trustee shall fail to make such insurance proceeds available in violation of the provisions of Article XIII, and such failure shall continue for a period of 90 days after Notice of such failure is delivered by Tenant to Landlord, Tenant's obligation to repair and rebuild hereunder shall be suspended until such time as such insurance proceeds are so made available. If such insurance proceeds are not so made available within one (1) year thereafter as a result of a continued violation of the provisions of Article XIII by the Insurance Trustee or Landlord then, but only then, may Tenant at its option, terminate this Lease upon ninety (90) days prior Notice to Landlord. Upon any such termination, Landlord shall have all rights to any insurance proceeds. If Tenant is not required to repair or rebuild by the terms or conditions of this Lease, all such insurance proceeds (whether paid to the Insurance Trustee or Tenant) shall be paid to Landlord. If Tenant is required to, and does repair or rebuild, any excess insurance proceeds shall be paid to Tenant.

Damage by Fire or Other Casualty. If during the Term any of -------------------------------- the Hotels Premises or Common Areas shall be damaged or destroyed by fire, fire or any other casualty or cause whatsoevercasualty, Tenant shall forthwith proceed to repair and/or rebuild the samepromptly notify Landlord, free of all liens, claims and encumbrances, to the same general design and specification as existed immediately before such damage or destruction occurredLandlord, subject to the conditions set forth in this Section, shall repair such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes (other than financial), whether similar or dissimilar, beyond the control of Tenant. Materials used in repair shall be as nearly like or superior in quality to original materials as may then be reasonably procured in regular channels of supply. All proceeds of insurance carried on damage and restore the Premises pursuant or Common Areas to Article XIII hereof and payable as a result of substantially the same condition in which they were immediately prior to such damage or destruction, but not including the repair, restoration or replacement of the fixtures, equipment, or Alterations installed by or on behalf of Tenant. Landlord shall notify Tenant, within 30 days after the date of the casualty, if Landlord anticipates that the restoration will take more than 160 days from the date of the casualty to complete; 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 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 the date of the casualty. Moreover, Landlord may terminate this Lease if the loss is not covered by the insurance required to be maintained by Landlord under this Lease. 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. Landlord shall use reasonable efforts to perform such repairs so as to minimize the interference with Tenant’s use and occupancy of the Premises. Notwithstanding anything to the contrary contained in this Lease, if Landlord shall fail, either to complete the restoration and repair of the Premises, or to restore the same to their condition immediately prior to the fire or other casualty, within 160 days from the date of occurrence of the fire or casualty, then, in either such event, Tenant may terminate this lease by 10 days’ prior written notice to Landlord given no later than proceeds attributable 30 days after the expiration of the aforesaid 160-day period, and prior to Tenant's personal property completion of the restoration and other than repair of the proceeds Premises. In the event of insurance referred to in Section 13.1(c), shall be used for the purpose a termination of such repair or rebuilding this Lease in accordance with the provisions of Article XIII, and, if either Landlord or the Insurance Trustee shall fail to make such insurance proceeds available in violation of the provisions of Article XIII, and such failure shall continue for a period of 90 days after Notice of such failure is delivered by Tenant to Landlord, Tenant's obligation to repair and rebuild hereunder shall be suspended until such time as such insurance proceeds are so made available. If such insurance proceeds are not so made available within one (1) year thereafter as a result of a continued violation of the provisions of Article XIII by the Insurance Trustee or Landlord then, but only then, may Tenant at its option, terminate this Lease upon ninety (90) days prior Notice to Landlord. Upon any such terminationSection, Landlord shall have all rights refund to Tenant any insurance proceeds. If Tenant is not required to repair or rebuild by the terms or conditions of this Lease, all such insurance proceeds (whether Rent paid for any time subsequent to the Insurance Trustee or Tenant) shall be paid to Landlord. If Tenant is required to, and does repair or rebuild, any excess insurance proceeds shall be paid to Tenanteffective date of termination.

Damage by Fire or Other Casualty. a) If during the Term any of -------------------------------- the Hotels shall be Premises or Building is damaged or destroyed by fire, fire or any other casualty or cause whatsoevercasualty, Tenant shall forthwith proceed to repair and/or rebuild the samepromptly notify Landlord whereupon Landlord shall, free of all liens, claims and encumbrances, subject to the consent of Landlord's present or future mortgagee and to the conditions set forth in this Section 15, repair, rebuild or replace such damage and restore the Premises to substantially the same general design and specification condition as existed the Premises were in immediately before prior to such damage or destruction; provided, however, that Landlord shall only be obligated to restore such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes (other than financial), whether similar or dissimilar, beyond the control extent of Tenant. Materials used in repair shall be as nearly like or superior in quality to original materials as may then be reasonably procured in regular channels of supply. All the proceeds of fire and other extended coverage insurance carried on policies. Notwithstanding anything to the contrary contained in this Lease, if the Premises pursuant is damaged or destroyed by fire or any casualty which cannot, despite diligent, good faith efforts be repaired or restored within one hundred eighty (180) days following the date on which such damage occurs, then Tenant or Landlord may elect to Article XIII hereof and payable terminate this Lease effective as a result of the date of such damage or destruction, other than proceeds attributable to Tenant's personal property and other than . Within thirty (30) days after the proceeds of insurance referred to in Section 13.1(c), shall be used for the purpose date of such damage, the parties shall determine how long the repair or rebuilding in accordance with and restoration will take. After that determination has been made, if the determination is that the restoration will take more than one hundred eighty (180) days to complete, Tenant and Landlord shall have a period of thirty (30) days to terminate this Lease by giving written notice to the other. If neither party elects to terminate this Lease as provided herein, then Landlord shall, subject to the provisions of Article XIIIthis Section, andpromptly commence and diligently pursue to completion the repair of such damage so that the Premises are restored to a condition of similar quality, if character and utility for Tenant's purposes. If the Premises are not substantially repaired and restored within two hundred and forty (240) days of the date of the damage, Tenant may cancel this Lease at any time before Landlord substantially completes the repairs and delivers the restored Premises to Tenant. If Tenant does not so terminate, Landlord shall continue to restore the Premises. In the event of termination, Landlord shall return any prepaid Fixed Basic Rent, Additional Rent and any other prepaid amounts to Tenant within thirty (30) days from the date of termination of this Lease. If any damage or destruction occurs to the Premises during the last year of the Term and the cost to repair the damage exceeds Five Hundred Thousand Dollars ($500,000.00) either Landlord or the Insurance Trustee shall fail to make such insurance proceeds available in violation of the provisions of Article XIII, and such failure shall continue for a period of 90 days after Notice of such failure is delivered by Tenant to Landlord, Tenant's obligation to repair and rebuild hereunder shall be suspended until such time as such insurance proceeds are so made available. If such insurance proceeds are not so made available within one (1) year thereafter as a result of a continued violation of the provisions of Article XIII by the Insurance Trustee or Landlord then, but only then, may Tenant at its option, terminate this Lease upon ninety giving the other party thirty (9030) days prior Notice written notice; provided, however, that if Landlord notifies Tenant that it wishes to terminate this Lease, then Tenant may, if it has not already done so, exercise its right to extend the term of the Lease under Rider A, whereupon Landlord's election to terminate shall be null and void. Upon If Landlord is required to repair or restore the Premises under any provision of this Article and Tenant's use of the Premises is affected, then until Landlord completes such terminationrepair or restoration, Fixed Basic Rent, Additional Rent and all other charges payable by Tenant hereunder shall ▇▇▇▇▇ in their entirety, unless Tenant remains in possession of the Premises, in which event such rent and other charges shall ▇▇▇▇▇ based on the portion of the Premises which is not being used by Tenant. b) The repair, rebuilding or replacement 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. c) The net amount of any insurance proceeds recovered by reason of the damage or destruction of the Building (meaning the gross insurance proceeds excluding proceeds received pursuant to a rental coverage endorsement and the cost of adjusting the insurance claim and collecting the insurance proceeds) shall be applied towards the cost of restoration. Notwithstanding anything to the contrary in this Lease Agreement, if in Landlord's reasonable opinion the net insurance proceeds will not be adequate to complete such restoration, Landlord shall have the right to terminate this Lease and all rights the unaccrued obligations of the parties hereto by sending a written notice of such termination to Tenant specifying a termination date no less than ten (10) days after its transmission; provided, that Landlord terminates all other office Leases in the Building affected by such casualty. If the net insurance proceeds are more than adequate, the amount by which the net insurance proceeds exceed the cost of restoration will be retained by Landlord or applied to repayment of any mortgage secured by the Premises. d) Landlord's obligation or election to restore the Premises under this Section shall be subject to the terms of any present or future mortgage affecting the Premises and to the mortgagee's consent if required in the mortgage and shall not, in any event, include the repair, restoration or replacement of the fixtures, improvements, alterations, furniture or any other property owned, installed, made by, or in the possession of Tenant. e) Landlord shall maintain insurance proceedsagainst loss or damage to the Building by fire and such other casualties as may be included within fire and extended coverage insurance or all-risk insurance, together with a rental coverage endorsement or other comparable form of coverage. If Tenant is not required dispossessed of the Premises due to repair fire or rebuild by other casualty, Tenant will receive an abatement of its Fixed Basic Rent during the terms or conditions of this Lease, all such insurance proceeds (whether paid period Tenant is dispossessed to the Insurance Trustee or Tenant) shall be paid to Landlord. If Tenant is required to, and does repair or rebuild, any excess insurance proceeds shall be paid to Tenantextent of payments received by Landlord from the carrier providing the rental coverage endorsement.

Damage by Fire or Other Casualty. If during the Term any of -------------------------------- the Hotels Leased Premises shall be damaged by fire or destroyed by fireother casualty resulting from any fault, negligence, or willful act of Tenant, its agents, employees or invitees, such damage shall be repaired by and at the expense of Tenant under the direction and supervision of Landlord and rent shall continue without abatement. If in the last year of a Term or any Extension, if applicable, improvements on the Leased Premises should be so badly damaged by fire or other casualty as to make the Leased Premises untenantable, then, Landlord or cause whatsoever, Tenant shall forthwith proceed have the option to repair and/or rebuild the same, free of all liens, claims and encumbrances, terminate this Lease by written notice delivered to the same general design and specification as existed immediately before such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes party within thirty (other than financial), whether similar or dissimilar, beyond 30) days following the control of Tenant. Materials used in repair shall be as nearly like or superior in quality to original materials as may then be reasonably procured in regular channels of supply. All proceeds of insurance carried on the Premises pursuant to Article XIII hereof and payable as a result event of such damage or destruction, in which event neither party hereto shall thereafter have any further future obligations hereunder. In any other than proceeds attributable event, unless mutually agreed to Tenant's personal property the contrary, this Lease shall continue in force and other than effect, in which event Landlord shall promptly and diligently repair and restore the proceeds damaged or destroyed portions of insurance referred the Leased Premises to in Section 13.1(c)substantially, shall be used for the purpose of same condition existing prior to such damage or destruction. Should Landlord fail to substantially complete repair or rebuilding in accordance with of such improvements within 180 days of such damage, Tenant shall have the provisions right to terminate this Lease by notice to Landlord within 30 days after such 180 days period. For the period beginning on the date that the Leased Premises were rendered untenantable to the date of Article XIII, and, if either Landlord or the Insurance Trustee shall fail to make such insurance proceeds available in violation restoration of the provisions of Article XIIILeased Premises to substantially the same condition existing prior to such damage, and such failure shall continue for a period of 90 days after Notice of such failure is delivered by Tenant to Landlord, Tenant's obligation to repair and rebuild the Monthly Rent payable hereunder shall be suspended until such time as such insurance proceeds are so made available. If such insurance proceeds are not so made available within one (1) year thereafter as a result of a continued violation of the provisions of Article XIII by the Insurance Trustee or Landlord then, but only then, may Tenant at its option, terminate this Lease upon ninety (90) days prior Notice to Landlord. Upon any such termination, Landlord shall have all rights to any insurance proceeds. If Tenant is not required to repair or rebuild by the terms or conditions of this Lease, all such insurance proceeds (whether paid to the Insurance Trustee or Tenant) shall be paid to Landlord. If Tenant is required to, and does repair or rebuild, any excess insurance proceeds shall be paid to Tenantproportionately abated.