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

Damage by Fire or Other Casualty. In the event the Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantable, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualty.

Damage by Fire or Other Casualty. In If the event the Leased Premises shall be partially or totally destroyed damaged by fire or other casualty insured 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 insurance carried 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 Landlord so fire or other casualty as to become partially or totally make the Leased Premises untenantable, then then, Landlord or Tenant shall have the damage option to terminate this Lease by written notice delivered to the Premises shall be promptly repaired other party within thirty (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day 30) days following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area event of such damage or continues use in such area following destruction or damagedestruction, in which event there neither party hereto shall be no abatement thereafter have any further future obligations hereunder. In any other event, unless mutually agreed to the contrary, this Lease shall continue in force and effect, in which event Landlord shall promptly and diligently repair and restore the damaged or any destroyed portions of the Leased Premises to substantially the same condition existing prior to such abatement damage or destruction. Should Landlord fail to substantially complete repair or rebuilding of such improvements within 180 days of such damage, Tenant shall have the right to terminate as of 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 Tenant’s resumption restoration of usethe Leased Premises to substantially the same condition existing prior to such damage, whichever shall apply. The obligation of Landlord the Monthly Rent payable hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyproportionately abated.

Damage by Fire or Other Casualty. Tenant shall promptly notify Landlord of any damage or destruction of any portion of the Premises and diligently repair or reconstruct the Premises to a like or better condition than existed prior to such damage or destruction in accordance with Section 8.4. Any net insurance proceeds payable with respect to the casualty shall be paid directly to Landlord and, if an Event of Default has not occurred hereunder, used for the repair or reconstruction of the Premises pursuant to Landlord’s disbursement requirements. If such proceeds are insufficient, Tenant shall provide the required additional funds; if they are more than sufficient, the surplus shall belong and be paid to Tenant. Except as otherwise specifically set forth in this Section 17, Tenant shall not have any right under this Lease, and hereby waives all rights under applicable law, to xxxxx, reduce or offset rent by reason of any damage or destruction of any portion of the Premises by reason of an insured or uninsured casualty. In the event any such damage or destruction occurs during the Premises shall be partially last six (6) months of the Initial Term or totally destroyed by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantableapplicable Renewal Term, then the damage to the Premises shall be promptly repaired extent of fifty percent (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area 50%) or more of the Premises rendered untenantable. Payment replacement value of full rental so abated shall commence from the 5th day following Facility, Tenant may, at Tenant’s option to be evidenced by notice in writing given to Landlord within thirty (30) days after the date that occurrence of such damage or destruction, elect to pay to Landlord advises Tenant that the Premises are tenantableany available insurance proceeds, unless Tenant resumes the use at an earlier time including, without limitation, business interruption insurance proceeds described in the damaged area or continues use in such area following destruction or damageSection 5.7, in which event there this Lease shall be no abatement or any such abatement shall terminate as terminate; provided, however, that if the available insurance proceeds are insufficient to cover the cost of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction repair or reconstruction of the Premises by Landlord. In no event Facility, Tenant shall Landlord be required remain obligated to pay the additional cost to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of reconstruct the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyFacility.

Damage by Fire or Other Casualty. In the event If, through no fault or negligence of Tenant, his visitors, agents or servants, the Premises shall be partially damaged by fire or totally other casualty, the damage, excluding any of Tenant’s alterations, floor coverings, equipment, decorations or fixtures, shall be repaired by Landlord, and the rent, until such repairs are made, shall be apportioned according to the portion of the Premises which are still usable. If the damage shall be so extensive as to render the Premises wholly untenantable, in Landlord’s sole reasonable opinion, the rent shall cease until such time as the Premises shall become tenantable. However, if the damage is so extensive, in Landlord’s sole reasonable opinion, that the Premises cannot be made tenantable within three (3) months from the date of the fire or other casualty, either party shall have the right to terminate this Lease upon ten (10) days written notice to the other. In case the Building generally throughout (though the Premises may not be affected) is so injured or destroyed by fire or other casualty insured under that Landlord shall decide not to rebuild or reconstruct the insurance carried Building, the term of this Lease shall cease upon ten (10) days written notice sent by Landlord so and the rent shall be paid up to the time of such destruction and the Lease shall thereafter be of no further effect. In the event that any question shall arise between Landlord and Tenant as to become partially whether or totally untenantablenot repairs shall have been made with reasonable dispatch, then due allowance shall be made for any delays, which may arise in connection with the adjustment of the fire insurance loss and for any delays arising out of what are commonly known as “labor troubles” or “material troubles” or from any other cause beyond Landlord’s control. In any event Landlord shall not be liable to Tenant by reason of fire or other damage to the Premises Building or the Premises. Anything contained herein to the contrary notwithstanding, if the proceeds of Landlord’s insurance (recovered or recoverable) as a result of any damage to the demised premises by a casualty shall be promptly repaired (unless insufficient to pay for the cost of repair of the premises, or if the premises shall be damaged by a casualty which is not covered by Landlord’s insurance, Landlord shall elect not have the right to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion terminate this Lease by giving written notice of such termination to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of within ninety (90) days after the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualty.

Damage by Fire or Other Casualty. In the event a) If the Premises shall be partially or totally Building is damaged or destroyed by fire or other casualty insured under the insurance carried by casualty, Tenant shall promptly notify Landlord so as to become partially or totally untenantablewhereupon Landlord shall, then the damage 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 shall be promptly repaired (unless to substantially the same condition as the Premises were in immediately prior to such damage or destruction; provided, however, that Landlord shall elect not only be obligated to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion restore such damage or destruction to the floor area extent of the proceeds of fire and other extended coverage insurance policies. Notwithstanding anything to the contrary contained in this Lease, if the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day 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 that on which such damage occurs, then Tenant or Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall may elect to terminate this Lease effective as of the date of such damage or destruction. Within thirty (30) days after the date of such damage, the parties shall determine how long the repair 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 this Section, promptly commence and diligently pursue to completion the repair of such damage so that the Premises are restored to a condition of similar quality, character and utility for Tenant’s resumption 's purposes. If the Premises are not substantially repaired and restored within two hundred and forty (240) days of usethe date of the damage, whichever 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 applycontinue to restore the Premises. The obligation In the event of termination, Landlord hereunder 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 Tenant may terminate this Lease upon giving the other party thirty (30) days 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 limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlordnull and void. In no event shall If Landlord be is required to repair or replace restore the Premises under any provision of this Article and Tenant’s merchandise, trade fixtures, furnishings or equipment. The term 's use of the Lease Premises is affected, then until Landlord completes such repair or restoration, Fixed Basic Rent, Additional Rent and all other charges payable by Tenant hereunder shall not be extended by any period for xxxxx in their entirety, unless Tenant remains in possession of the Premises, in which event such rent and other charges shall xxxxx based on the portion of the Premises are untenantable due to such casualtywhich is not being used by Tenant.

Damage by Fire or Other Casualty. In Subject to the other provisions of this Section, in the event the Premises shall be partially or totally destroyed is damaged by fire or other perils, this Lease shall remain in full force and effect. If Landlord does not terminate this Lease, then Landlord shall forthwith repair the Premises to a state ready for restoration by Tenant of Tenant’s improvements. Notwithstanding the foregoing, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Premises the Landlord or Tenant may terminate this Lease when (a) the damage resulting from any casualty insured covered under this Section occurs during the last nine (9) months of the term of this Lease; (b) the Premises are damaged to the extent of thirty percent (30%) or more thereof; (c) thirty percent (30%) or more of the Building is damaged; (d) the insurance carried by available to Landlord so as is not sufficient to become partially cover the cost of such repair, reconstruction or totally untenantable, then restoration; or (e) the damage to holder of any deed of trust or mortgage encumbering the Premises Building does not permit use of such insurance proceeds for reconstruction. Tenant shall be promptly repaired (unless Landlord shall elect not entitled to rebuild as herein provided), and the an abatement in Base Rent and Additional Rent shall be abated in proportion to the floor area portion of the Premises that is rendered untenantable. Payment untenantable by such damage; provided, however, if the damage is due to the acts or omissions of full rental so abated shall commence from Tenant or its employees, and the 5th day following the date that Landlord advises Tenant that the Premises are tenantablesame is not covered by any rent loss insurance carried by Landlord, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such of rent. Such abatement shall terminate commence as of the date of such damage and shall terminate on the earlier to occur of thirty (30) days after the date Landlord delivers the Premises to Tenant for restoration of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing improvements or the Premises in accordance with the initial Plans date Tenant re-opens for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtybusiness.

Damage by Fire or Other Casualty. In the event the Premises shall be partially or totally destroyed by 13.1. If any fire or other casualty (whether insured under the insurance carried by Landlord so as to become partially or totally untenantable, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area uninsured) renders all or a substantial portion of the Premises rendered or the Building untenantable, Landlord will, with reasonable promptness not to exceed 45 days after the occurrence of such damage, estimate the length of time that will be required to substantially complete the repair and restoration and will by notice advise Tenant of such estimate (“Landlord’s Notice”). Payment If Landlord estimates that the amount of full rental so abated shall commence time required to substantially complete such repair and restoration will exceed 180 days from the 5th day following date such damage occurred, then Landlord, or Tenant (but with respect to Tenant only if all or a substantial portion of the date that Landlord advises Tenant that Premises, or the Common Areas used to access the Premises, is rendered untenantable and the time period of in excess of 180 days relates to the repair of the Premises are tenantableand Common Areas, unless Tenant resumes if applicable), will have the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall right to terminate as of this Lease retroactively to the date of Tenantsuch damage upon giving written notice to the other at any time within 20 days after delivery of Landlord’s resumption Notice, provided that if Landlord so chooses, Landlord’s Notice may also constitute such notice of usetermination. However, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing in the Premises in accordance with the initial Plans for the original construction event (i) a fire or other casualty renders all or a substantial portion of the Premises by or the Building untenantable prior to the First Phase Rent Commencement Date and (ii) if the estimated time to substantially complete the repair and restoration set forth in Landlord. In no event shall ’s Notice exceeds 180 days from the anticipated First Phase Rent Commencement Date, then either party may terminate this Lease upon giving written notice to the other at any time within 20 days after delivery of Landlord’s Notice, provided that if Landlord be required to repair or replace Tenantso chooses, Landlord’s merchandise, trade fixtures, furnishings or equipment. The term Notice may also constitute such notice of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtytermination.

Damage by Fire or Other Casualty. In If during the event 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 partially used for the purpose of such repair or totally destroyed by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantable, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises rebuilding in accordance with the initial Plans for provisions of Article XIII, and, if either Landlord or the original construction Insurance Trustee shall fail to make such insurance proceeds available in violation of the Premises 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. In no event Upon any such termination, Landlord shall Landlord be have all rights to any insurance proceeds. If Tenant is not required to repair or replace rebuild by the terms or conditions of this Lease, all such insurance proceeds (whether paid to the Insurance Trustee or Tenant’s merchandise) shall be paid to Landlord. If Tenant is required to, trade fixturesand does repair or rebuild, furnishings or equipment. The term of the Lease any excess insurance proceeds shall not be extended by any period for which the Premises are untenantable due paid to such casualtyTenant.

Damage by Fire or Other Casualty. In the event a. If the Premises shall be partially or totally Building is damaged or destroyed by fire or other casualty insured under casualty, Tenant shall promptly notify Landlord whereupon Landlord shall, subject to the consent of Landlord’s present or future mortgagee and to the conditions set forth in this Section 18, repair, rebuild or replace such damage and restore the Premises to substantially the same condition as the Premises were in immediately prior to such damage or destruction; provided, however, that Landlord shall only be obligated to restore such damage or destruction to the extent of the proceeds of fire and other extended coverage insurance carried policies. Notwithstanding the foregoing, if the Premises is destroyed or damaged to the extent that in Landlord’s sole judgment the Premises cannot be repaired or restored within one hundred eighty (180) days after such casually as determined by Landlord (such determination being promptly provided to Tenant in writing), either Landlord or Tenant may terminate this Lease by written notice of its election to do so as to become partially or totally untenantable, then the damage to the Premises shall other party within thirty (30) days after the date of Landlord’s determination of the time to restore. If the Lease is so terminated, the termination will be promptly repaired (unless Landlord shall elect not to rebuild effective as herein provided), of the date of the casualty and the Base all Fixed Basic Rent and Additional Rent shall be abated in proportion xxxxx from such date, and any Fixed Basic Rent or Additional Rent paid for any period beyond such date and all other charges as to the floor area of the such Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of refunded to Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualty.

Damage by Fire or Other Casualty. If during the term of this Lease, the Leased Premises shall be so damaged by fire or any other cause, except as a result of Tenant’s negligent or intentional act or omission, so as to render the Leased Premises untenantable, the rent shall be abated during the time the Leased Premises are untenantable in an amount equal to the proportion thereof which the number of square feet of net Rentable Area of the Leased Premises rendered untenantable bears to the total Net Rentable Area of the Leased Premises; and in the event of such damage, Landlord shall elect whether to repair the Leased Premises or to cancel this Lease and shall notify Tenant in writing of its election within sixty (60) days after such damage. In the event Landlord elects to repair the Premises Leased Premises, the work or repair shall begin promptly and shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantable, then the damage on without unnecessary delay but only to the Premises extent of insurance proceeds available. In the event Landlord elects not to repair the Leased Premises, the Lease shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate deemed canceled as of the date of Tenant’s resumption of use, whichever Landlord gives notice to Tenant as provided above. Such damage shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of not extend the Lease Term. Tenant shall not be extended entitled to any damages by reason of any period for which inconvenience or loss sustained by Tenant as a result of the Leased Premises or any portion thereof being untenantable while the Leased Premises are untenantable due being repaired or in the event Landlord elects to such casualtycancel the Lease as provided above.

Damage by Fire or Other Casualty. In the event the Premises shall be partially 9.01 It is understood and agreed that if either building is damaged or totally destroyed in whole or in part by fire or other casualty insured under during the insurance carried term, the Landlord shall have the right to demolish or to repair and restore the damaged building. If the Landlord elects not to repair and restore the damaged building, Landlord may cancel this Lease within 30 days after such fire or other casualty by Landlord giving Tenant notice of Landlord's intention to so do. The Lease shall terminate as to become partially or totally untenantable, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in building only, 60 days after such area following destruction or damage, cancellation notice to Tenant in which event there the rent shall be no abatement reduced by the amount attributable to the building which is subject to such cancellation ($20,792.00 per month as to 0000 Xxxxxxxxx Xxxxx or any such abatement shall terminate $15,500.00 as to 0000 Xxxxxxxxx Xxxxx). If Landlord elects to rerpair and restore the damaged building the rent and all other charges which are the obligation of Tenant under this Lease will xxxxx as to the damaged building ($20,792.00 per month as to 0000 Xxxxxxxxx Xxxxx or $15,500.00 as to 0000 Xxxxxxxxx Xxxxx) for the period the building is untenable. Notwithstanding anything to the contrary, if in the reasonable opinion of the Landlord and/or Tenant the premises cannot be or are in fact are not restored to its prior condition within six months after the date of Tenant’s resumption of usesuch casualty than either party shall have the option to terminate this Lease as to the building which was subject to such fire or other casualty; provided, whichever however, that if Tenant shall apply. The obligation of Landlord hereunder fail to adjust its own insurance or remove its damaged property and equipment within a reasonable time and as a result thereof the repair and restoration is delayed, the aforesaid 6-month period shall be limited extended for an additional period equal to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtydelay.

Damage by Fire or Other Casualty. Tenant shall promptly notify Landlord of any damage or destruction of any portion of the Premises and diligently repair or reconstruct the Premises to a like or better condition than existed prior to such damage or destruction in accordance with Section 8.4. Any net insurance proceeds payable with respect to the casualty shall be paid directly to Landlord and, if an Event of Default has not occurred hereunder, used for the repair or reconstruction of the Premises pursuant to Landlord’s disbursement requirements. If such proceeds are insufficient, Tenant shall provide the required additional funds; if they are more than sufficient, the surplus shall belong and be paid to Tenant. Except as otherwise specifically set forth in this Section 17, Tenant shall not have any right under this Lease, and hereby waives all rights under applicable law, to axxxx, reduce or offset rent by reason of any damage or destruction of any portion of the Premises by reason of an insured or uninsured casualty. In the event any such damage or destruction occurs during the Premises shall be partially last six (6) months of the Initial Term or totally destroyed by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantableapplicable Renewal Term, then the damage to the Premises shall be promptly repaired extent of fifty percent (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area 50%) or more of the Premises rendered untenantable. Payment replacement value of full rental so abated shall commence from the 5th day following Facility, Tenant may, at Tenant’s option to be evidenced by notice in writing given to Landlord within thirty (30) days after the date that occurrence of such damage or destruction, elect to pay to Landlord advises Tenant that the Premises are tenantableany available insurance proceeds, unless Tenant resumes the use at an earlier time including, without limitation, business interruption insurance proceeds described in the damaged area or continues use in such area following destruction or damageSection 5.7, in which event there this Lease shall be no abatement or any such abatement shall terminate as terminate; provided, however, that if the available insurance proceeds are insufficient to cover the cost of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction repair or reconstruction of the Premises by Landlord. In no event Facility, Tenant shall Landlord be required remain obligated to pay the additional cost to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of reconstruct the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyFacility.

Damage by Fire or Other Casualty. In If the event the Leased Premises shall be partially or totally destroyed damaged by fire or other casualty insured under against by Landlord’s fire and extended coverage insurance policy covering the insurance carried by Landlord so as to become partially or totally untenantableSchool, then and the Leased Premises can be fully repaired, in Landlord’s opinion, within one hundred and twenty (120) days from the date of such damage, Landlord, at Landlord’s sole cost and expense, shall repair such damage to Tenant’s satisfaction. Except as otherwise provided herein, until the repairs to the Leased Premises are substantially completed, the Rent and Ancillary Services Charge shall be promptly repaired (unless xxxxx pro-rata based on the part of the Leased Premises which is unusable by Tenant. If, however, the Leased Premises are rendered wholly untenantable by fire or other cause as determined by the local fire marshal having jurisdiction over the Leased Premises, or such other duly-authorized governmental individual or entity having jurisdiction over said matters, and the Landlord shall elect decide not to rebuild as herein provided)the same, or if the entire Leased Premises be so damaged that Landlord shall decide to demolish it or not to rebuild it, then or in any of such events, Landlord may, at its option, cancel and the Base Rent and Additional Rent shall be abated terminate this Lease by giving Tenant notice in proportion to the floor area writing, within thirty (30) days of the Premises rendered untenantable. Payment occurrence of full rental so abated shall commence from the 5th day following event causing the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement of its intention to cancel this Lease, whereupon the term of this Lease shall terminate as of upon the date of Tenant’s resumption of use, whichever thirtieth (30th) day after such notice is given and Tenant shall apply. The obligation of Landlord hereunder shall be limited vacate the Leased Premises and surrender the same to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualty.

Damage by Fire or Other Casualty. Section 14.01. If the Building and/or the Premises or any portion thereof is damaged by any casualty which is or would be covered by customary comprehensive all risk commercial insurance policies carried by prudent tenants net leasing comparable buildings, Tenant shall promptly notify Landlord of the same and Tenant shall promptly and diligently repair such damage and restore and rebuild the Building and/or Premises in compliance with applicable codes and to substantially the same condition as the Premises were in immediately prior to such damage, except as otherwise set forth below. Notwithstanding the foregoing, in the event the Landlord's Work is damaged by any casualty which is or would be carried by customary comprehensive all risk insurance policies carried by prudent owners of comparable buildings, Landlord shall promptly and diligently repair such damage to Landlord's Work in compliance with applicable codes and to substantially the same condition as immediately prior to such damage, except as otherwise provided below. Such repair and restoration work shall be diligently commenced and prosecuted by Tenant and Landlord, as applicable, until full completion thereof, and shall be performed substantially in accordance with the provisions of Articles 10 and 11. In the event the Premises insurance proceeds available to Tenant or Landlord (if applicable) are not adequate to pay for the full cost of the repair and restoration work required to be performed by such party, then such deficiency shall be partially or totally destroyed paid by fire or other casualty insured under the insurance carried by Landlord so as party obligated to become partially or totally untenantable, then perform the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlordwork. In no event shall Landlord either party be required to pay, in respect of such repair or replace Tenant’s merchandiseand restoration, trade fixtures, furnishings or equipment. The term an amount in excess of the Lease insurance proceeds it would have received had such party carried the insurance required by Articles 13. Tenant and Landlord shall not apply all insurance proceeds received with respect to any insurance required to be extended maintained by any period Tenant and Landlord hereunder for which the Premises are untenantable due purpose of fully repairing and replacing the damage required to be repaired by such casualtyparty, as aforesaid.

Damage by Fire or Other Casualty. In the event (a) If the Premises or Building shall be partially damaged or totally destroyed by fire or other casualty insured under the insurance carried by casualty, Tenant promptly shall notify Landlord so as to become partially or totally untenantableand Landlord, then the damage subject to the conditions set forth in this Section 12, shall repair such damage and restore the Premises shall be promptly repaired (unless to 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 Initial Tenant Improvements or of other fixtures or alterations installed by Tenant. Landlord shall elect not to rebuild as herein provided)notify Tenant in writing, and within 30 days after the Base Rent and Additional Rent shall be abated in proportion to the floor area date of the Premises rendered untenantable. Payment of full rental so abated shall commence casualty, if Landlord anticipates that the restoration will take more than 180 days from the 5th day following date of the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use casualty to complete; in such area following destruction event, either Landlord or damage, in which event there shall be no abatement or any such abatement shall Tenant may terminate this lease effective as of the date of Tenant’s resumption of usecasualty by giving written notice to the other within 10 days after Landlord's notice. Moreover, whichever shall apply. The obligation of if Landlord hereunder shall be limited to reconstructing does not give Tenant notice that Landlord anticipates that the Premises in accordance with restoration will take more than 180 days from the initial Plans for the original construction date of the Premises casualty to complete, but the actual restoration nevertheless exceeds 180 days, then Tenant may give Landlord written notice of Tenant's intent to terminate this lease; if Landlord fails to substantially complete Landlord's repair and restoration obligations within 30 days following Tenant's notice, Tenant may, by further written notice given before substantial completion of Landlord's repair and restoration, terminate this lease. In no event shall Landlord be required to repair or replace Tenant’s merchandiseFurther, trade fixtures, furnishings or equipment. The term if a casualty occurs during the last 12 months of the Lease shall not be extended by Term or any period extension thereof, Landlord or Tenant may cancel this lease unless Tenant has the right to extend the Term for which at least 3 more years and does so within 30 days after the Premises are untenantable due to such date of the casualty.

Damage by Fire or Other Casualty. In the event If the Premises or Common Areas shall be partially damaged or totally 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 or Common Areas to 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 thirty (30) days after the date of the casualty, if Landlord anticipates that the restoration will take more than one hundred eighty (180) days from the date of the casualty insured under the insurance carried by to complete; in such event, either Landlord so as to become partially or totally untenantable, then Tenant (unless the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises was caused by Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall Tenant’s Agents) may terminate this Lease effective as of the date of Tenantcasualty by giving notice to the other within ten (10) Business Days after Xxxxxxxx’s resumption notice. If a casualty occurs during the last twelve (12) months of usethe Term, whichever shall applyLandlord may terminate this Lease 126390.00400/118481426v.4 04/15/2019 05:55 A4P4 unless Xxxxxx has the right to extend the Term for at least three (3) more years and does so within thirty (30) days after the date of the casualty. The obligation of Moreover, Landlord hereunder shall may terminate this Lease if the loss is not covered by the insurance required to be limited maintained by Landlord under this Lease. Notwithstanding the foregoing, if Xxxxxx was entitled to reconstructing but elected not to exercise its right to terminate this Lease and Landlord does not substantially complete the Premises in accordance with the initial Plans for the original construction repair and restoration of the Premises within two (2) months after the expiration of the estimated period of time set forth in Landlord’s Repair Notice, which period shall be extended to the extent of any delays caused by Xxxxxx, then Tenant may terminate this Lease by written notice to Landlord within thirty (30) days after the expiration of such period, as the same may be so extended. Tenant will receive an abatement of Minimum Annual Rent and Annual Operating Expenses to the extent the Premises (or any material portion) are rendered unusable as a result of the casualty, except if caused by Tenant or Tenant’s Agents and not covered by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyinsurance proceeds.

Damage by Fire or Other Casualty. In If the event the Leased Premises shall be partially or totally destroyed damaged by fire or other casualty insured under against by Landlord’s fire and extended coverage insurance policy covering the insurance carried by Landlord so as to become partially or totally untenantableLeased Premises can be fully repaired, then in Landlord’s opinion, within one hundred and twenty (120) days from the date of such damage, Landlord, at Landlord’s sole cost and expense, shall repair such damage to Tenant’s satisfaction. Except as otherwise provided herein, until the repairs to the Leased Premises are substantially completed, the Rent and Ancillary Services Charge shall be promptly repaired (unless xxxxx pro-rata based on the part of the Leased Premises which is unusable by Tenant. If, however, the Leased Premises are rendered wholly untenable by fire or other cause as determined by the local fire marshal having jurisdiction over the Leased Premises, or such other duly-authorized governmental individual or entity having jurisdiction over said matters, including the Landlord’s Board of Education and the Landlord shall elect decide not to rebuild as herein provided)the same, or if the entire Leased Premises be so damaged that Landlord shall decide to demolish it or not to rebuild it, then or in any of such events, Landlord may, at its option, cancel and the Base Rent and Additional Rent shall be abated terminate this Lease by giving Tenant notice in proportion to the floor area writing, within thirty (30) days of the Premises rendered untenantable. Payment occurrence of full rental so abated shall commence from the 5th day following event causing the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement of its intention to cancel this Lease, whereupon the term of this Lease shall terminate as of upon the date of Tenant’s resumption of use, whichever thirtieth (30th) day after such notice is given and Tenant shall apply. The obligation of Landlord hereunder shall be limited vacate the Leased Premises and surrender the same to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualty.

Damage by Fire or Other Casualty. In the event the Premises Demised Premises, or any part thereof, shall be partially or totally destroyed damaged by fire or other casualty insured under during the insurance carried by term, Landlord so as agrees that it will restore the Demised Premises, with reasonable dispatch, to become partially or totally untenantable, then substantially the damage same condition they were in prior to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided)such damage, and if the Demised Premises are rendered wholly or partially untenantable as a result of such damage, the Base Rent and all Additional Rent payable hereunder shall be equitably abated in proportion (according to the floor area 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 occurs during the last two (2) years of the Premises rendered untenantable. Payment term, and if such damage exceeds fifty percent (50%) of full rental so abated shall commence from the 5th day following then insurable value of the date that Demised Premises, either Landlord advises or Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall may terminate this lease as of the date of Tenant’s resumption such damage, by giving to the other written notice of useits intention so to do within thirty (30) days after the date such damage occurs; provided, whichever 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 this lease for at least two (2) years by exercising such option within thirty (30) days after the time such fire or other casualty occurs, neither Landlord nor Tenant shall applyhave the right to terminate this lease. The obligation of Landlord If this lease is so terminated, the rental payable hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction abated as of the date of such damage, and Tenant shall remove all of its property from the Demised Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term within thirty (30) days after the notice of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtytermination is given.

Damage by Fire or Other Casualty. In If, through no fault or negligence of TENANT, its visitors, agents, or servants, the event the Premises premises shall be partially damaged by fire or totally other casualty, the damage shall be repaired by LANDLORD, and the rent until such repairs are made, shall be apportioned according to the portion of the premises which are still usable. If the damage shall be so extensive as to render the premises wholly untenantable, the rent shall cease until such time as the premises shall become tenantable. However, if the damage is so extensive that the premises cannot be made tenantable within three (3) months from the date rehabilitation is started, either party shall have the right to terminate this Lease upon ten (10) days written notice to the other. In case the Building generally throughout (though the demised premises may not be affected) is so injured or destroyed by fire or other casualty insured under that LANDLORD shall decide no to re-build or reconstruct the insurance carried Building, the term of this Lease shall cease upon ten (10) days' written notice sent by Landlord so LANDLORD and the rent shall be paid up to the time of such destruction and the Lease shall thereafter be o no further effect. In the event that any question shall arise between LANDLORD and TENANT as to become partially whether or totally untenantablenot repairs shall have been made with reasonable dispatch, then due allowance shall be made for any delays which may arise in connection with the adjustment of the fire insurance loss and for any delays arising out of what are commonly known as "labor troubles" or "material troubles" or from any other cause beyond LANDLORD'S control. In any event LANDLORD shall not be liable to TENANT by reason of fire or other damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and Building or the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantabledemised premises. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease LANDLORD shall not be liable to carry fire, casualty or extended by damage insurance on the person or property of the TENANT or any period for person or property which may now or hereinafter be place in the Premises are untenantable due to such casualtyleased premises.

Damage by Fire or Other Casualty. In 15.1 Anything in this Lease to the event contrary notwithstanding, if the Demised Premises shall or the Building should be partially or totally damaged or destroyed by fire Fire or other casualty insured insurable under the ,a standard form policy of fire and/or extended coverage insurance (including vandalism and malicious mischief if such coverage is carried by Landlord so as to become partially or totally untenantableLandlord) then, then the damage to the Premises if this Lease shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises have been canceled in accordance with the initial Plans for the original construction provisions hereinafter made in this Article XV, landlord will with reasonable dispatch after notice to it of the damage or destruction, repair the damage, and replace, restore, and rebuild the Demised Premises by Landlordand the Building to the extent that insurance Proceeds are available. In Should Landlord determine that the amount of insurance proceeds will not be sufficient to accomplish the estimated cost of the required repair, replacement, restoration or rebuilding, then upon ninety (90) days written notice to Tenant, from the date of the casualty, Landlord may, at its option, cancel this Lease or proceed to repair, replace, restore or rebuild the Demised Premises and the Building at its sole cost and expense. Landlord will commence such repair, replacement, restoration or rebuilding as soon as practicable after receiving notice from Tenant co do so, but under no event circumstances later than one (1) year after receipt of such notice. Landlord shall Landlord no, be required by this Section to repair repair, replace, restore, or replace Tenant’s merchandiserebuild any property which Tenant shall, trade fixturesunder the provisions of Article VIII above, furnishings be entitled to remove from the Demised Premises, it being agreed that Tenant shall bear the entire risk of loss, damage, or equipment. The term destruction of such property while it is on the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyDemised Premises.

Damage by Fire or Other Casualty. In the event of any damage or loss to the Leased Premises shall be by reason of fire or other casualty, Tenant will give immediate notice thereof to Landlord. If the Leased Premises are partially damaged or totally destroyed by fire or other casualty insured under casualty, Landlord will notify Tenant within thirty (30) days after 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 reasonable 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 carried proceeds recovered by Landlord so as to become partially on account of such damage or totally untenantable, then destruction. In the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild event of repair or restoration as herein provided), and the Base Minimum Rent and Additional Rent shall will be abated equitably, in proportion to a manner proportionate with the floor area degree in which Tenant’s use of the Leased Premises rendered untenantable. Payment of full rental so abated shall commence is impaired commencing from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of destruction and continuing during the period of such restoration. Tenant will continue operation of its business in the Leased Premises during any such period to the extent commercially reasonably 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 any actual or consequential damages or other compensation or damages from Landlord for loss of the use of the whole or any part of the Leased Premises, or the Building which forms a part of the Leased Premises, Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises personal property or any inconvenience or annoyance occasioned by Landlord. In no event shall Landlord be required to repair such damage or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyreconstruction.

Damage by Fire or Other Casualty. In the event If the Premises shall be partially damaged or totally 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 destruction, but not including the repair, restoration or replacement of the 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 anticipates that the restoration will take more than 180 days from the date of the casualty insured 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 delays 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 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 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 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 (b) in the event 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, 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 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 carried policies required to be maintained and actually maintained by Landlord so as under this Lease. Notwithstanding the foregoing, Landlord shall have no right to become partially or totally untenantable, then terminate this Lease under the preceding sentence if the damage to the Premises shall is sufficiently minor in scope such that (i) Rent or any portion thereof would not be promptly repaired abated as a result thereof, or (unless ii) Landlord shall elect not reasonably anticipates that less than 30 days will be required to rebuild as herein provided), and the Base restore any damage. Tenant will receive an abatement of Minimum Annual Rent and Additional Rent shall be abated in proportion Annual Operating Expenses to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that extent the Premises are tenantablerendered untenantable as a result of the casualty. In the event of a casualty, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damagemay elect, in which event there shall its sole discretion, whether to restore, at its expense, any Alterations destroyed by such casualty and required to be no abatement or any such abatement shall terminate as removed at the end of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyTerm.

Damage by Fire or Other Casualty. In If the event the Leased Premises shall be partially or totally destroyed damaged by fire or other casualty insured 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 insurance carried 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 Landlord so fire or other casualty as to become partially or totally make the Leased Premises untenantable, then then, Landlord or Tenant shall have the damage option to terminate this Lease by written notice delivered to the Premises shall be promptly repaired other party within thirty (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day 30) days following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area event of such damage or continues use in such area following destruction or damagedestruction, in which event there neither party hereto shall be no abatement thereafter have any further future obligations hereunder. In any other event, unless mutually agreed to the contrary, this Lease shall continue in force and effect, in which event Landlord shall promptly and diligently repair and restore the damaged or any destroyed portions of the Leased Premises to substantially the same condition existing prior to such abatement damage or destruction. Should Landlord fail to substantially complete repair or rebuilding of such improvements within 180 days of such damage, Tenant shall have the right to terminate as of 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 Tenant’s resumption restoration of usethe Leased Premises to substantially the same condition existing prior to such damage, whichever shall apply. The obligation of Landlord the Monthly Rent payable hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyproportionately abated.

Damage by Fire or Other Casualty. In If the event the Leased Premises shall be partially or totally destroyed -------------------------------- damaged by fire or other casualty insured under during the insurance carried by term but are not thereby rendered untenable in whole or part, Landlord so as to become partially or totally untenantableshall promptly, then the at its expense, cause such damage to be repaired, and rent shall not be abated. If the Leased Premises or a substantial portion of the Building is damaged by fire or other casualty during the Term, Landlord may, at its sole option, either (i) restore the Leased Premises with reasonable dispatch to substantially the same condition they were in prior to such damage, or (ii) terminate this Lease provided, however, if the Leased Premises cannot be restored within thirty (30) days of the loss, Tenant may terminate this Lease. If Landlord elects to restore the Leased Premises, Landlord shall have no liability to restore any improvements as may have been made to the Leased Premises, after the date of this Lease, nor to restore any of Tenant's fixtures, decorations, equipment, furniture, or inventory. Landlord's responsibility shall be promptly repaired (unless Landlord shall elect to return the Leased Premises and Building to at least such condition as existed at the commencement of this Lease. If the Leased Premises are rendered untenable in whole or in part as a result of such damage and this Lease is not to rebuild as herein provided)terminated, and the Base Minimum Rent and Additional Rent payable shall be equitably and proportionately abated (according to loss of use) during the period intervening between the date of such damage and the date the Leased Premises are restored. If Landlord or Tenant elects to terminate this Lease, all rent payable shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption such damage and Tenant shall remove all of useits property from the Leased Premises within thirty (30) days of termination, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing provided Tenant is not in default at the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtytime.

Damage by Fire or Other Casualty. In the event (a) If the Premises or Common Areas shall be partially damaged or totally 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 or Common Areas to 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 240 days from the date of the casualty insured under the insurance carried by to complete; in such event, either Landlord so as to become partially or totally untenantable, then Tenant (unless the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall was caused by Tenant) may terminate this Lease effective as of the date of casualty by giving notice to the other within 30 days after Landlord's notice. If Landlord terminates this Lease pursuant to the immediately preceding sentence, and Landlord Commences to Reconstruct the Building within 240 days after the casualty, then provided that (i) no Event of Default existed at the time of the casualty, (ii) Tenant has provided Landlord with Tenant’s resumption 's then-current notice address in writing, and (iii) Tenant has not sublet or assigned all or any part of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises other than to an Affiliate of Tenant in accordance with this Lease, then Landlord shall promptly notify Tenant of the initial Plans for Commencement of Reconstruction of the original construction Building in writing, and Tenant may, at Tenant's election, thereafter reinstate this Lease by delivering written notice thereof to Landlord within fifteen (15) days after Tenant's receipt of the aforementioned notice from Landlord. Tenant shall be permitted to retake possession of the Premises, and the abatement of Rent shall cease, upon the substantial completion of the Premises by Landlord. In no event shall Landlord be required (including access thereto and parking therefor) to repair or replace substantially the condition that existed prior to the casualty, including Tenant’s merchandise, trade 's fixtures, furnishings or equipmentequipment and Alterations, provided Tenant uses diligent efforts to complete the installation and construction of such fixtures, equipment and Alterations. The term If Tenant fails to deliver notice of its desire to reinstate the Lease to Landlord within the time period specified, Tenant shall not be extended by any period for which deemed to have waived the Premises are untenantable due right to such reinstate the Lease set forth in this Section 15(a). As used in this Section 15(a), the phrase "Commences to Reconstruct the Building", and words of similar import, shall mean that Landlord has mobilized personnel and materials on the Property and has commenced construction activities on the Property intended to repair, restore or reconstruct the Building to substantially the condition that existed prior to the casualty, tenant fixtures, equipment and Alterations excepted.

Damage by Fire or Other Casualty. In 18.1 If the event the Demised Premises shall be partially or totally destroyed damaged by fire or other casualty insured under casualty, not due to the negligence or fault of Tenant, Landlord shall, as soon as practicable after such damage occurs (subject to being able to obtain all necessary permits and approvals, including, without limitation, permits and approvals required from any agency or body administering environmental laws, rules or regulations, and taking into account the time necessary to effectuate a satisfactory settlement with any insurance carried by Landlord so as to become company) repair such damage at Landlord's expense and this Lease shall not terminate. It is understood and agreed that the Building, whether partially or totally untenantabledamaged or destroyed, then the damage need not be restored to the same condition as existed prior to such damage or destruction, provided the Building is restored to a condition architecturally harmonious and consistent with the Demised Premises and the balance of the Building. Landlord shall not be required to expend more for any repair, rebuilding, reconstruction, restoration, or replacement of the Demised Premises and/or the Building pursuant to this Paragraph than the amount of insurance proceeds paid to Landlord in connection therewith (or if Landlord shall be promptly repaired (unless self-insured, the amount of insurance proceeds which would otherwise have been paid to Landlord shall elect had not Landlord been so self-insured). If the Building is so substantially damaged that it is reasonably necessary, in Landlord's judgment, to rebuild as herein provided)demolish the same for the purpose of reconstruction, and Landlord may demolish the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damagesame, in which event there shall be no abatement or any Landlord may treat such abatement shall terminate demolition as of if it had been caused by the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing same cause as that which caused the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtydamage.

Damage by Fire or Other Casualty. In If the event the Premises Building shall be partially damaged or totally destroyed by fire or other casualty insured casualty, Tenant shall promptly notify Landlord, and Landlord, subject to the conditions set forth in this Section 23, 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, excluding, however, any of the Tenant Work, leasehold improvements, equipment, fixtures and other property installed or located in the Premises by Tenant and for any of Tenant’s Alterations, additions or improvements subsequently made (collectively, “Tenant’s Installations”); provided, however, that Landlord shall only be obligated to restore such damage which is covered by the fire and other extended coverage insurance policies that Landlord is obligated to carry under this Lease. Tenant shall be solely responsible for the repair and restoration of Tenant’s Installations, which shall be prosecuted with diligence and shall be performed in a first class manner. The restoration and repair work shall be commenced promptly and completed with due diligence by Landlord and/or Tenant, as the case may be, taking into account the time required to effect a settlement with, and procure insurance proceeds from, the insurers, and for delays beyond a party’s reasonable control. If (i) Landlord fails to substantially complete Landlord’s restoration work within two hundred seventy (270) days from the date of damage, or (ii) if less than one (1) year remains in the term from the date of damage, either party may terminate this Lease by notice to the other, such notice to be given within twenty (20) days after the end of the two hundred seventy (270) day period, in the case of (i), or within sixty (60) days of the date of damage, in the case of (ii). 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 Building in excess of the cost of adjusting the insurance carried 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 net insurance proceeds will not be adequate to complete such restoration, Landlord shall have the right to terminate this Lease and all the obligations of the parties hereto thereafter arising by sending a written notice of such termination to Tenant, the notice to specify 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 so as or applied to become partially or totally untenantable, then repayment of any mortgage secured by the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Building. Tenant will receive an abatement of its Base Rent and Additional Rent shall be abated in proportion and other charges or payment made to or for the account of Landlord under this Lease to the floor area of extent and during the Premises time the Premises, or a material portion thereof, are rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans unusable for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable their intended purposes due to such casualty.

Damage by Fire or Other Casualty. In After the event Delivery Date, if the Premises or any part thereof shall be partially damaged or totally destroyed by fire or other casualty insured under casualty, Tenant shall promptly notify Landlord, and Tenant, provided the City as subtenant has remained or agreed to remain or retake occupancy upon completion of repair and restoration, subject to the conditions set forth in this Section and changes in Laws, shall repair such damage and restore the Premises to substantially the same condition in which they were immediately prior to such damage or destruction with such modifications as may be desired by Tenant, whether or not (i) Tenant failed to maintain the required insurance, (ii) the loss is not covered by the insurance carried required to be maintained by Tenant under this Master Lease or (iii) the proceeds of any such policies are insufficient to fully repair or restore such damage. Tenant shall not receive or be entitled to any abatement of Rent, even if the Premises are rendered untenantable as a result of the casualty. If a material casualty occurs during the last twelve (12) months of the Renewal Term only, and City as Subtenant has agreed to terminate its Sublease, Tenant may terminate this Master Lease so long as it provides Landlord so as with funds sufficient to become partially satisfy in full any outstanding principal balance and all interest, fees and charges due under any bonds or totally untenantable, then any mortgage loan encumbering the Premises (the “Make Whole Payment”) prior to any effective termination date. Landlord will require Design Builder to repair and replace any damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion by fire or other casualty prior to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyDelivery Date.

Damage by Fire or Other Casualty. In Tenant shall give prompt notice to Landlord in case of any fire or other damage to the event Leased Premises. If the Leased Premises shall be partially or totally destroyed the Building are damaged by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantablecasualty, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not diligently and as soon as practicable after such damage occurs (taking into account the time necessary to rebuild as herein provided)effectuate a satisfactory settlement with Landlord's insurance company) repair such damage at its own expense, and until such repairs have been completed the Base Basic Rent and Additional Rent Charges shall be abated in proportion to the floor area part of the Leased Premises which is rendered untenantableunusable for the normal conduct of Tenant's business. Payment of full rental so abated shall commence However, if the Leased Premises or the Building are damaged by fire or other casualty to such an extent that the damage cannot be fully repaired within one hundred eighty (180) days from the 5th day date such damage occurs, either party shall have the right to terminate this Lease by giving notice of termination to the other within forty-five (45) days following the date that Landlord advises notifies Tenant in writing that the Premises are tenantableestimated repair period will exceed one hundred eighty (180) days. Notwithstanding anything contained in this Lease to the contrary, unless Tenant resumes the use at an earlier time in the damaged area or continues use in if Landlord fails to complete such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of repairs within two hundred forty (240) days after the date of Tenant’s resumption the casualty (without regard to any force majeure event), Tenant shall have the right to cancel this Lease by written notice given to Landlord at any time prior to completion of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyrepairs.

Damage by Fire or Other Casualty. In the event Sublessee shall promptly notify Sublessor of any damage or destruction of any portion of the Premises and, subject to Sublessee’s receipt of sufficient insurance proceeds and any funds due from Sublessor as set forth below, diligently repair or reconstruct such portion of the Premises to a like or better condition than existed prior to such damage or destruction. Any net insurance proceeds payable with respect to the casualty shall be partially paid directly to Sublessor and, if an Event of Default has not occurred hereunder, shall be HNZW//3583-1 used for the repair or totally destroyed reconstruction of the applicable portion of the Premises. If such proceeds are insufficient, Sublessor shall provide the required additional funds; provided, however, that Sublessee shall contribute an amount equal to the applicable deductible under the property insurance coverage. If the proceeds are more than sufficient, the surplus shall belong and be paid to Sublessee. Sublessee shall not have any right under this Sublease, and hereby waives all rights under applicable law, to xxxxx, reduce or offset rent by reason of any damage or destruction of any portion of the Premises by reason of an insured or uninsured casualty. If any of the Facilities is damaged and the damage is so extensive that more than thirty-three percent (33%) of the licensed beds for that Facility is damaged by fire or other casualty insured under and cannot be used in the insurance carried by Landlord so opinion of Sublessee, then Sublessee shall have the right to terminate this Sublease as to become partially or totally untenantablesuch Facility upon thirty (30) days written notice to Sublessor. In the event of such termination, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent payable under this Sublease thereafter shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyequitably adjusted.

Damage by Fire or Other Casualty. In the event If any part of the Premises shall be partially or totally destroyed a --------------------------------- material portion of the building which affects Tenant's occupancy is rendered untenantable by fire or other casualty insured under the insurance carried by casualty, Landlord so as may elect (a) to become partially or totally untenantable, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate this Lease as of the date of Tenant’s resumption of usethe fire or casualty by notice to Tenant within sixty (60) days after the date, whichever or (b) to repair, restore or rehabilitate the Building or the Premises at Landlord's expense, in which event this Lease shall apply. The obligation of Landlord hereunder not terminate but rent shall be limited to reconstructing the Premises in accordance with the initial Plans pro-rated for the original construction that portion of the Premises by Landlordthat are untenantable and abated on a per diem basis for that portion of the Premises that is untenantable. If such damage is due to an act or omission of Tenant, then Landlord shall have such rights as are set forth herein at Tenant's cost and expense. If Landlord elects so to repair, restore, or rehabilitate the Building or the Premises, said work shall be undertaken and prosecuted with all due diligence and speed. In no the event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of termination of the Lease lease pursuant to this Section 4.9 rent shall not be extended by any period apportioned on a per diem basis and paid to the date of the fire or casualty. Further, Landlord shall carry all risk property damage insurance with flood and earthquake endorsements for which the Premises are untenantable due to such casualtyfull replacement value of the Building with Tenant as an additional insured as its interest may appear.

Damage by Fire or Other Casualty. 11.1 In the event the Demised Premises shall be partially destroyed or totally destroyed so damaged by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally render the Demised Premises wholly untenantable, then the Landlord, at its option, shall (a) restore and repair such damage to the Demised Premises in which event the basic monthly rent shall be promptly repaired xxxxx on a per diem thirty (unless Landlord shall elect not 30) day month basis during the period of restoration; or (b) terminate this lease or any renewal thereof by giving written notice to rebuild as herein provided)Tenant thirty (30) days after such fire or casualty, and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement rent shall terminate as of the 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 Tenant’s resumption of usesuch fire or other casualty, whichever shall apply. The obligation of Landlord hereunder and while such damage is being repaired, the basic monthly rent shall be limited reduced by an amount which bears the same ratio to reconstructing 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 cannot reasonably operate its business at the Premises, then the full rent shall xxxxx during said period of restoration. In the event the Demised Premises shall be destroyed or so damaged by fire or other casualty so as to render the Premises in accordance with wholly untenantable, and such destruction or damage occurs during the initial Plans for the original construction last year of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of this Lease or the Lease shall last year of any option period hereunder, and such damage or destruction cannot be extended repaired within ninety (90) days of the date of such damage or destruction, then Tenant may elect to terminate this Lease by any period for which the Premises are untenantable due giving written notice to such casualtyLandlord.

Damage by Fire or Other Casualty. In the event If the Premises or Common Areas shall be partially damaged or totally 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 or Common Areas to 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 insured under the insurance carried by to complete; in such event, either Landlord so as to become partially or totally untenantable, then Tenant (unless the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall 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 resumption use and occupancy of usethe Premises. Notwithstanding anything to the contrary contained in this Lease, whichever if Landlord shall applyfail, 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 30 days after the expiration of the aforesaid 160-day period, and prior to completion of the restoration and repair of the Premises. The obligation In the event of Landlord hereunder shall be limited to reconstructing the Premises a termination of this Lease in accordance with the initial Plans provisions of this Section, Landlord shall refund to Tenant any Rent paid for any time subsequent to the original construction effective date of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtytermination.

Damage by Fire or Other Casualty. In If the event the Premises Building shall be partially damaged or totally destroyed by fire or other casualty insured under to the insurance carried by Landlord so as to become partially or totally untenantableextent of more than eighty percent (80%), then each party shall have the right to terminate this Lease. If this Lease is not terminated, Landlord shall, with all due diligence, repair and reconstruct the Premises and the Building to the condition which existed prior to such damage or destruction. If damage to the Premises Building is less than eighty percent (80%) Landlord shall rebuild or repair the Building and any other improvements damaged as a result of the casualty. Landlord shall commence any repairs and replacements promptly, but in no event more than sixty (60) days after the casualty event, and shall diligently pursue such repairs and replacements to completion. If such rebuilding or repairs cannot be completed within 240 days from the date of the casualty as reasonably determined by Landlord's contractor, then Tenant shall have the option to terminate this Lease upon written notice to Landlord within sixty (60) days after Tenant's receipt of any such determination and Tenant shall have sixty (60) days from the date of said notice to vacate the Premises. Tenant shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area allowed an abatement of the Premises rendered untenantable. Payment of full rental so abated shall commence rent from the 5th day following date of such damage or destruction: (i) up until the date that Landlord advises Tenant that actually vacates the Premises, if the Premises are tenantablenot repaired and reconstructed, unless or (ii) until thirty (30) days after the Landlord delivers the Premises to Tenant resumes and Tenant accepts the use at an earlier time Premises as being in the damaged area or continues use condition as set forth in such area following destruction or damageExhibit C and C-l, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which if the Premises are untenantable due to such casualtybe repaired and reconstructed under the terms of this Lease.

Damage by Fire or Other Casualty. In the event If the Premises shall be are rendered partially or totally destroyed wholly untenantable by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantable, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided)casualty, and the Base Rent and Additional Rent shall (i) cannot be abated in proportion to the floor area materially restored within one hundred eighty (180) days of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that such damage, or (ii) the Premises are tenantable, unless damaged or destroyed at any time during the last eighteen (18) months of the term of this lease then the Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall Landlord may terminate this lease as of the date of such fire or casualty. Tenant or Landlord shall exercise their option to terminate by written notice to the other within thirty (30) days of such fire or other casualty. For purposes hereof, the Premises shall be deemed “materially restored” if they are in such condition as would not prevent or materially interfere with Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction use of the Premises for the purpose for which it was then being used. If this lease shall be terminated pursuant to this paragraph, the term of this lease shall end on the date or damage as if that date had been originally fixed in this lease for the expiration of the term hereof. If this lease is not terminated following damage by fire or other casualty, then Landlord shall proceed with all due diligence to repair and restore the premises at Landlord. In ’s cost; provided, however, in no event shall will Landlord be required to rebuild, repair or replace any part of the partitions, fixtures, additions and other improvements which may have been placed in or about the premises by Tenant except to the extent covered by insurance. Tenant agrees that during any period of restoration or repair of the Premises, Tenant shall continue the operation of Tenant’s merchandise, trade fixtures, furnishings or equipmentbusiness within the Premises to the extent practicable. The term During the period from the date of damage until the date that the untenantable portion of the Lease Premises is materially restored, the rental shall not be extended by any period for which reduced to the extent of the proportion of the Premises are untenantable due to such casualtywhich is untenantable; provided, however, there will be no abatement of rental if damage was occasioned by the fault or negligence of Tenant, its employees, agents or invitees.

Damage by Fire or Other Casualty. In 18.1 If the event the Demised Premises shall be partially or totally destroyed damaged by fire or other casualty insured under casualty, not due to the negligence or fault of Tenant, Landlord shall, as soon as practicable after such damage occurs (subject to being able to obtain all necessary permits and approvals, including, without limitation, permits and approvals required from any agency or body administering environmental laws, rules or regulations, and taking into account the time necessary to effectuate a satisfactory settlement with any insurance carried by Landlord so as to become company) repair such damage at Landlord’s expense and this Lease shall not terminate. It is understood and agreed that the Building, whether partially or totally untenantabledamaged or destroyed, then the damage need not be restored to the same condition as existed prior to such damage or destruction, provided the Building is restored to a condition architecturally harmonious and consistent with the Demised Premises and the balance of the Building. Landlord shall not be required to expend more for any repair, rebuilding, reconstruction, restoration, or replacement of the Demised Premises and/or the Building pursuant to this Section than the amount of insurance proceeds paid to Landlord in connection therewith (or if Landlord shall be promptly repaired (unless self-insured, the amount of insurance proceeds which would otherwise have been paid to Landlord shall elect had not Landlord been so self-insured). If the Building is so substantially damaged that it is reasonably necessary, in Landlord’s judgment, to rebuild as herein provided)demolish the same for the purpose of reconstruction, and Landlord may demolish the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damagesame, in which event there shall be no abatement or any Landlord may treat such abatement shall terminate demolition as of if it had been caused by the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing same cause as that which caused the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtydamage.

Damage by Fire or Other Casualty. In the event the Premises shall be partially damaged by fire, or totally destroyed other casualty, the Tenant shall give immediate notice thereof to the Landlord, and after such notice, an equitable reduction of rent shall be allowed the Tenant for the time such part or parts of Premises shall remain untenantable or incapable of use and occupancy, and this Lease shall continue in full force and effect, and the Landlord shall at its own expense, with reasonable promptness, subject to delays beyond Landlord’s control and delays in making of insurance adjustments by Landlord, repair the premises. If the damage results from the act or omission of Tenant, or Tenant’s agents, employees or invitees, Tenant shall, at its own expense, with reasonable promptness, repair the Premises, and Tenant shall not be entitled to any abatement or reduction of rent. Landlord need not restore fixtures and improvements owned by Tenant. In the event the Premises or the Building shall before or after the commencement of the term, be so damaged that the Landlord shall decide not to repair the same, or if the Landlord shall decide to demolish or rebuild the same, for any reason whatsoever, upon notice to Tenant, the term of this Lease shall cease and terminate, and the accrued rent, if any, shall be paid up to the time of the damage or such termination. All proceeds of insurance payable as a result of fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantable, then the damage to the Premises shall be promptly repaired (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area sole property of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of use, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualty.

Damage by Fire or Other Casualty. In the event of such damage, if -------------------------------- such damage can be repaired within sixty (60) days after it is determined that there are substantially sufficient insurance proceeds to repair the Premises shall be partially or totally destroyed by fire or other casualty insured under the insurance carried by Landlord so as to become partially or totally untenantabledamage, then Landlord shall so repair the Leased Premises. If such damage cannot be repaired within that time, or if there are insufficient insurance proceeds available to the Premises shall be promptly repaired (unless make such repairs, then Landlord shall elect whether to repair the Leased Premises or cancel this lease, and shall notify Tenant in writing of its election within sixty (60) days after the allowance of the claim for insurance proceeds. In the event Landlord elects to repair the Leased Premises, the work or repair shall begin promptly, and shall be carried on without unnecessary delay. In the event Landlord or Tenant elects not to rebuild as herein provided)repair the Leased Premises, and the Base Rent and Additional Rent lease shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate deemed canceled as of the date of Tenant’s resumption of use, whichever Landlord gives notice to Tenant as provided above. Such damage shall applynot extend the lease term. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease Tenant shall not be extended entitled to any damages by reason of any period for which inconvenience or loss sustained by Tenant as a result of the Leased Premises or any portion thereof being untenantable while the Leased Premises is being repaired; unless such damages are untenantable due caused by Landlord's gross negligence, or in the event Landlord elects to such casualtycancel the lease as provided above.

Damage by Fire or Other Casualty. In If, during the event term of this Lease, the Premises shall be partially or totally destroyed real estate is so damaged by fire or other casualty insured under that the insurance carried real estate or the premises are rendered unfit for occupancy, as determined by Landlord so as and Tenant, and Landlord gives Tenant written notice to become partially or totally untenantablethat effect, then this Lease shall cease and terminate from the date of such damage. In such case, Tenant shall pay the rent apportioned to the time of damage and shall immediately surrender the premises to the Landlord upon Landlord's request therefor. If, following damage to the Premises shall premises for cause other than by Tenant's acts or omissions to act, Landlord gives Tenant written notice that it has determined that such damage can be promptly repaired within ninety (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence 90) days from the 5th day following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall terminate as of the date of Tenant’s resumption of usedamage, whichever Landlord, if it so elects, may enter and repair, and this Lease shall apply. The obligation of Landlord hereunder not be affected except that the rent shall be limited apportioned and suspended while such repairs are being made until the premises are again suitable for occupancy. If, however, such damage is caused by Tenant's acts or failure to reconstructing act, and Landlord elects, in accordance with this paragraph, to repair, then Tenant's obligation to pay rent shall not be suspended, nor shall such rent be apportioned but Tenant shall be obligated to pay the Premises full rent reserved in accordance with the initial Plans for the original construction terms of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term this Lease during such period of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyrepair.

Damage by Fire or Other Casualty. In If the event the Leased Premises shall be partially or totally destroyed damaged by fire or other casualty insured 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 insurance carried 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 Landlord so fire or other casualty as to become partially or totally make the Leased Premises untenantable, then then, Landlord or Tenant shall have the damage option to terminate this Lease by written notice delivered to the Premises shall be promptly repaired other party within thirty (unless Landlord shall elect not to rebuild as herein provided), and the Base Rent and Additional Rent shall be abated in proportion to the floor area of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day 30) days following the date that Landlord advises Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area event of such damage or continues use in such area following destruction or damagedestruction, in which event there neither party hereto shall be no abatement thereafter have any further future obligations hereunder. In any other event, unless mutually agreed to the contrary, this Lease shall continue in force and effect, in which event Landlord shall promptly and diligently repair and restore the damaged or any destroyed portions of the Leased Premises to substantially, the same condition existing prior to such abatement damage or destruction. Should Landlord fail to substantially complete repair or rebuilding of such improvements within 180 days of such damage, Tenant shall have the right to terminate as of 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 Tenant’s resumption restoration of usethe Leased Premises to substantially the same condition existing prior to such damage, whichever shall apply. The obligation of Landlord the Monthly Rent payable hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtyproportionately abated.

Damage by Fire or Other Casualty. In the event the Premises Demised Premises, or any part thereof, shall be partially or totally destroyed damaged by fire or other casualty insured under by any act of Tenant, its agents, employees or invitees during the term, hereof, Landlord agrees that it will restore the Demised Premises to the extent of the insurance carried 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 as to become partially damaged or totally untenantable, then the 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 partially untenantable, there shall not be any abatement of rent and Tenant shall be promptly repaired 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 occurs during the last six (unless Landlord shall elect not to rebuild as herein provided)6) months of the term hereof, and the Base Rent and Additional Rent shall be abated in proportion to the floor area if such damage exceeds fifty percent (50%) of the Premises rendered untenantable. Payment then insurable value of full rental so abated shall commence from the 5th day following the date that Demised Premises, either Landlord advises or Tenant that the Premises are tenantable, unless Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction or damage, in which event there shall be no abatement or any such abatement shall may terminate this Lease as of the date of Tenant’s resumption such damage by giving to the other written notice of useits intention so to do within thirty (30) days after the date such damage occurs. If this Lease is so terminated, whichever the proceeds of all insurance payable with respect to the damage or destruction shall apply. The obligation of Landlord belong, and be paid, to Landlord, the rent payable hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction abated as of the date of such damage, and Tenant shall remove all of its property from the Demised Premises by Landlord. In no event shall Landlord be required to repair or replace Tenant’s merchandise, trade fixtures, furnishings or equipment. The term within thirty (30) days after the notice of the Lease shall not be extended by any period for which the Premises are untenantable due to such casualtytermination is given.

Damage by Fire or Other Casualty. In the event 22.1 If the Premises shall be partially or totally destroyed damaged by fire or other casualty insured under the insurance carried by Landlord so casualty: 1) except as to become partially or totally untenantableotherwise provided in subsection (2) hereof, then the damage to the Premises shall be promptly repaired (unless by and at the expense of Landlord shall elect not to rebuild as herein provided), and the Base Basic Rent and Additional Rent until such repairs shall be made shall be equitably abated in proportion according to the floor area part of the Premises rendered untenantable. Payment of full rental so abated shall commence from the 5th day following the date that Landlord advises Tenant that the Premises are tenantablewhich is usable by Tenant, unless such damage was caused by the gross negligence or willful misconduct of Tenant resumes the use at an earlier time in the damaged area or continues use in such area following destruction its servants, agents, employees, invitees, or damagelicensees, in which event there case no abatement of Basic Rent or Additional Rent shall be no abatement or made. Landlord agrees, at its expense, to repair promptly any such abatement shall terminate as of damage to the date of Tenant’s resumption of usePremises, whichever shall apply. The obligation of Landlord hereunder shall be limited to reconstructing the Premises in accordance with the initial Plans for the original construction of the Premises by Landlord. In no event shall Landlord be required except that Tenant agrees to repair or replace Tenant’s merchandise, trade fixturesits own furniture, furnishings or and equipment. The term of the Lease No penalty shall not be extended by any period for which accrue due to an Excusable Delay. (2) If the Premises are totally damaged or are rendered wholly untenantable due 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 to demolish the Building, Landlord shall, within sixty (60) days after 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.