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

Damage by Fire or Other Casualty. In the event the Demised Premises, or any part thereof, shall be damaged by fire or other casualty 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 proceeds received by Tenant with respect to the Demised Premises, with reasonable dispatch, to substantially the same condition it was in prior to such damage, and the proceeds of all insurance received with respect to the damage or destruction of the Demised Premises shall be deposited in a joint escrow account in the name of Landlord and Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six (6) months of the term hereof, and if such damage exceeds fifty percent (50%) of the then insurable value of the Demised Premises, either Landlord or Tenant may terminate this Lease as of the date of such damage by giving to the other written notice of its intention so to do within thirty (30) days after the date such damage occurs. If this Lease is so terminated, the proceeds of all insurance payable with respect to the damage or destruction shall belong, and be paid, to Landlord, the rent payable hereunder shall be abated as of the date of such damage, and Tenant shall remove all of its property from the Demised Premises within thirty (30) days after the notice of termination is given.

Damage by Fire or Other Casualty. In (a) If the event the Demised PremisesBuilding, improvements, or any part thereof, shall be damaged Leased Premises are rendered partially or wholly untenantable by fire or other casualty 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 proceeds received by Tenant with respect to the Demised Premises, with reasonable dispatch, to substantially the same condition it was in prior to such damage, and the proceeds of all insurance received with respect to the damage or destruction of the Demised Premises shall be deposited in a joint escrow account in the name of Landlord and Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six (6) months of the term hereofcasualty, and if such damage exceeds damage, in the reasonable opinion of an architect selected by Landlord by its certificate so stating (the "Architect's certificate"), cannot be materially restored within one hundred-fifty percent (50%150) days of the such damage, then insurable value of the Demised Premiseseither Tenant or Landlord may, either Landlord or Tenant may at its sole option, terminate this Lease as of the date of such damage fire or casualty. The architect selected shall one of the following architects (or another architect mutually acceptable to Tenant and Landlord): (i) ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Inc., (ii) Gensler and Associates, or (iii) CRSS, Inc. Landlord or Tenant shall exercise its termination option provided herein by giving written notice to the other written notice of its intention so to do party within thirty (30) days after deliverance of the Architect's Certificate. For purposes hereof, the Building, improvements, or Leased Premises shall be deemed "materially restored" if they are in such condition as would not prevent or materially interfere with Tenant's use of the Leased Premises for the purpose for which the Leased Premises were being used at the time of such fire or casualty. If the Architect's Certificate indicates that the restoration can be accomplished with such 150-day period, then this Lease shall not terminate. When required by this Paragraph, the Architect's Certificate shall be delivered within thirty (30) days from the date of damage. (b) If this Lease is not terminated pursuant to this Paragraph, then Landlord shall proceed with all due diligence to repair and restore the Building, improvements or Leased Premises, as the case may be (except that Landlord may elect not to rebuild if such damage occursoccurs during the last year of the Lease Term exclusive of any option which is unexercised at the date of such damage). (c) If this Lease shall be terminated pursuant to this Paragraph, the Lease Term shall end on the date of such damage as if that date had been originally fixed in this Lease for the expiration of the Lease Term. If this Lease is so terminatedshall not be terminated by Landlord or Tenant pursuant to this Paragraph and if the Leased Premises are untenantable in whole or in part following such damage, the proceeds of all insurance Rent payable with respect to during the damage or destruction shall belong, and be paid, to Landlord, period in which the rent payable hereunder Leased Premises are untenantable shall be abated reduced to such extent, if any, as may be fair and reasonable under all of the circumstances. In the event that Landlord shall fail substantially to complete such repairs and material restoration within one hundred fifty (150) days after the date of such damage, Tenant may at its option and as its sole remedy terminate this Lease by delivering written notice to Landlord, whereupon this Lease shall end on the date of such notice as if the date of such notice were the date originally fixed in this Lease for the expiration of the Lease Term; provided, however, that if construction is delayed because of changes, deletions, or additions in construction requested by Tenant, strikes, lockouts, casualties, acts of God, war, material or labor shortages, governmental regulation or control or other causes beyond the reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. In no event shall Landlord be required to rebuild, repair or replace any part of the partitions, fixtures, additions or other improvements which may have been placed in or about the Leased Premises by Tenant (except to the extent paid for, in whole or in part, with a leasehold improvements allowance from Landlord). Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or the Leased Premises shall be for the sole benefit of the party carrying such insurance and under it sole control except that Landlord's insurance may be subject to control by (i) the holder or holders of any indebtedness secured by a mortgage or deed to secure debt covering any interest of Landlord in the Leased Premises, the Building, or the Property, and/or (ii) the ground lessor of the Property. In no event shall Landlord be required under this Lease to incur any expenses in excess of available insurance proceeds for the purpose of repairing or restoring the Building or the Leased Premises after a fire or other casualty. (d) In the event of any damage or destruction to the Building or the Leased Premises by any peril covered by the provisions of this Paragraph, Tenant shall, upon written notice from Landlord, remove forthwith, at its sole cost and expense (except to the extent such moving costs are covered by Landlord's insurance), such portion or all of the property belonging to Tenant or its property licensees from such portion or all of the Demised Building or the Leased Premises within thirty (30) days after the notice of termination is givenas Landlord shall reasonably request.

Damage by Fire or Other Casualty. In (A) If the event the Demised Premises, or any part thereof, Premises shall be damaged by fire or other casualty casualty, then the damage shall be repaired, except as otherwise provided in this Section 6.02, by any act and at the expense 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 proceeds received by Tenant with respect reasonable promptness; provided, however, that Tenant's obligation to restore shall at all times be subject to obtaining all necessary approvals from all applicable governmental entities, the Demised Premises, with reasonable dispatch, Landlord and the holder of any Mortgage and the willingness of such holder to substantially the same condition it was in prior to such damage, and make the proceeds of all casualty insurance received with respect policies available to Tenant for such purposes. The Base Rent and the other charges due Landlord hereunder shall be equitably abated in the proportion which the part of the Premises which is not usable by Tenant bears to the damage entire Premises until the repairs required to be made by Tenant hereunder shall be made. (B) If the Premises are totally damaged or destruction rendered wholly untenantable by fire or other casualty, or if Tenant's architect certifies that the Premises cannot be repaired within twelve (12) months after the casualty, or if all or any portion of the Demised Premises shall be deposited in a joint escrow account in proceeds of any insurance policy are retained by the name holder of Landlord and any Mortgage, then Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furnituremay, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six within one hundred eighty (6) months of the term hereof, and if such damage exceeds fifty percent (50%) of the then insurable value of the Demised Premises, either Landlord or Tenant may terminate this Lease as of the date of such damage by giving to the other written notice of its intention so to do within thirty (30180) days after the date such damage occurs. If fire or other casualty, give Landlord notice of Termination of this Lease is so terminated, the proceeds of all insurance payable with respect to the damage or destruction shall belongLease, and be paid, to Landlord, thereupon the rent payable hereunder Term shall be abated as of the date of expire ten (10) days after such damagenotice is given, and Tenant shall remove all vacate the Premises and surrender same to Landlord. (C) If the repair and restoration of its property from the Demised Premises are not substantially completed within thirty twelve (3012) days months after the date of the casualty, other than on account of delays by Tenant, but subject to delays resulting from causes beyond the reasonable control of Tenant and unless the Lease is terminated in accordance with this Section 6.02, any abatement in Base Rent and Additional Rent shall cease and Tenant's obligation to pay the same shall recommence. (D) Tenant shall give immediate written notice to Landlord of termination is givenany damage caused to the Premises by fire or other casualty.

Damage by Fire or Other Casualty. In If the event the Demised Leased Premises, or any part thereofother portion of the Building shall, through no fault of Tenant or Tenant's agents, servants, employees, customers, contractors, visitors or licensees, be damaged by fire, the elements, unavoidable accident or other casualty: (a) Except as otherwise provided in subparagraph (b) hereof, Landlord, at Landlord's expense, shall promptly restore the Leased Premises, and Tenant, at Tenant's sole expense, shall promptly restore all leasehold improvements installed in the Leased Premises by Tenant or at Tenant's request and its own furniture, furnishings, trade fixtures and equipment and the rent shall not be abated. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord, or on account of labor problems, or any other cause beyond Landlord's reasonable control. If the damage or destruction is such as to make the Leased Premises or any substantial part thereof untenantable (in Landlord's judgment), and provided that such damage or destruction is not due in whole or part to the act or omission of Tenant or Tenant's agents, employees or invites, the Minimum Annual Rent shall abate proportionately (based on proportion of the number of square fe▇▇ ▇▇ndered untenantable to the total number of square feet of the Leased Premises), from the date of the damage or destruction until the date the Leased Premises has been restored by Landlord. (b) If the Leased Premises are substantially damaged or are rendered substantially untenantable by fire or other casualty by any act casualty, or if Landlord's architect certifies that the Leased Premises cannot be repaired within one hundred twenty (120) working days of Tenantnormal working hours, its agents, employees or invitees during said period commencing with the term, hereof, Landlord agrees that it will restore the Demised Premises to the extent start of the insurance proceeds received by Tenant with respect repair work, or if Landlord shall decide not to restore or repair the Demised Premisessame, with reasonable dispatch, to substantially the same condition it was in prior to such damage, and the proceeds of all insurance received with respect to the damage or destruction of the Demised Premises shall be deposited in a joint escrow account in the name of Landlord and Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six (6) months of the term hereof, and if such damage exceeds more than fifty percent (50%) of the then insurable value gross leasable area of the Demised PremisesBuilding is rendered untenantable (even if the Leased Premises is undamaged) or if Landlord shall decide to demolish the Building or not to rebuild it, either then Landlord may, within ninety (90) days after such fire or Tenant may other casualty, terminate this Lease by giving Tenant a notice in writing of such decision, and thereupon the term of this Lease shall expire on the date specified in such notice, or, if not date is so specified, by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Leased Premises and surrender the same to Landlord. Upon the termination of this Lease under the conditions hereinbefore provided, Tenant's liability for Minimum Annual Rent and Additional Rent shall cease as of the date day following the casualty. (c) The proceeds payable under all casualty insurance policies maintained by Landlord on the Leased Premises shall belong to and be the property of Landlord, and Tenant shall not have any interest in such proceeds. Tenant agrees to look to Tenant's casualty insurance policies for the restoration and replacement of the leasehold improvements installed in the Leased Premises by Tenant or at Tenant's request and Tenant's fixtures, equipment and furnishings in the Leased Premises, and in the event of termination of this Lease, for any reason, following any such damage by giving or destruction, Tenant shall promptly assign to the other written notice of its intention so Landlord or otherwise pay to do within thirty (30) days after the date such damage occurs. If this Lease is so terminatedLandlord, upon Landlord's request, the proceeds of said insurance and such other additional funds so that the total amount assigned and/or paid by Tenant to Landlord shall be sufficient to restore (whether or not any such restoration is actually to occur) all insurance payable with respect improvements, fixtures, equipment and furnishings (excepting only Tenant's trade fixtures and equipment) existing in the Leased Premises immediately prior to such damage or destruction. (d) Notwithstanding anything to the damage contrary in this Section 23 or destruction in any other provision of this Lease, any obligation (under this Lease or otherwise) of Landlord to restore all or any portion of the Leased Premises shall belong, and be paid, subject to Landlord, the rent payable hereunder shall be abated as 's receipt of approval of the date same by the mortgagee(s) of Landlord (and any other approvals required by applicable laws), as well as receipt from any such mortgagee(s) of such damage, fire and Tenant shall remove all of its property from the Demised Premises other hazard insurance policy proceeds as may have been assigned to any such mortgagee; it being agreed that if Landlord has not received such approval(s) and proceeds within thirty one hundred and eighty (30180) days after any such casualty, then Landlord shall have the option to terminate this Lease, at any time thereafter, upon notice of termination is givento Tenant.

Damage by Fire or Other Casualty. In If the event the Demised Premises, or any part thereof, Premises shall be damaged by fire or other casualty by any act not arising from the fault or negligence of Tenant, or its servants, agents, employees employees, invitees or invitees during licensees the term, following shall apply: (a) Except as otherwise provided in subsection (b) hereof, Landlord agrees that it will restore the Demised damage shall be repaired by and at the expense of Landlord, and, if any of the Premises is unusable, the Basic Rent and Additional Rent shall be equitably abated according to the extent part of the insurance proceeds received Premises which continues to be usable by Tenant with respect until such repairs shall be made. Tenant shall repair or replace its own furniture, furnishings and equipment; (b) If the Premises are totally damaged, or are rendered wholly untenantable, or if Landlord's architect certifies that the damage cannot be repaired within ninety (90) days of the casualty, or if Landlord shall decide not to restore or repair the Demised Premisessame, with reasonable dispatchor if the Landlord shall decide to demolish the Building or to rebuild it, to substantially the same condition it was in prior to then Landlord shall, within ninety (90) days after such damagefire or other casualty, give Tenant notice of such decision, and thereupon the proceeds of all insurance received with respect to the damage or destruction of the Demised Premises Term 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 furnitureexpire ten (10) days after such notice is given, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be vacate the Premises and continue surrender the same to remain liable for Landlord; (c) If 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 to be repaired and restored. Anything in , Landlord shall complete the foregoing to repair and restoration of the contrary notwithstanding, if such damage occurs during the last Premises within six (6) months from the date of the term hereofcasualty, subject, however, to Excusable Delays. If the Premises are not repaired or restored within said period plus extensions for Excusable Delays, Tenant shall have the right to cancel and if such damage exceeds fifty percent (50%) of the then insurable value of the Demised Premises, either Landlord or Tenant may terminate this Lease as upon the delivery of the date of such damage by giving a notice to the other written notice of its intention so to do Landlord delivered within thirty fifteen (3015) days after the date such damage occurs. If this Lease is so terminated, the proceeds of all insurance payable with respect to the damage or destruction shall belong, and be paid, to Landlord, the rent payable hereunder shall be abated as expiration of the date of such damageaforesaid six (6) month period, as extended; (d) Landlord agrees that it shall diligently pursue all repair and Tenant shall remove all of restoration work required on its property from the Demised Premises within thirty (30) days after the notice of termination is givenpart to be completed hereunder.

Damage by Fire or Other Casualty. In a. If the event the Demised Premises, or any part thereof, Premises shall be damaged or destroyed by fire or other casualty by casualty, Tenant shall promptly notify Landlord, and Landlord, subject to any act mortgagee’s consent to the conditions set forth in this Section 12, and subject also to the provisions of TenantParagraph (b) below, its agentsshall repair, employees rebuild or invitees during the term, hereof, Landlord agrees that it will replace such damage and restore the Demised Premises to the extent of the insurance proceeds received by Tenant with respect to the Demised Premises, with reasonable dispatch, to substantially the same condition it was in which they were immediately prior to such damagedamage or destruction; provided further, that if a casualty occurs during the last twelve (12) months of the Term or any extension thereof, Landlord may cancel this lease. b. The work shall be commenced promptly and completed with due diligence, taking into account the time required by Landlord to effect a settlement with, and procure insurance proceeds from, the insurer, and for delays beyond Landlord’s reasonable control. In the event that, in the reasonable opinion of a reputable contractor or architect designated by Landlord (the “Rebuilding Report”), and communicated to Tenant, the work cannot reasonably be completed within one hundred eighty (180) days of the casualty, Landlord may terminate this lease by written notice to Tenant within ten (10) business days after Landlord receives the Rebuilding Report. In addition, if the Rebuilding Report shows that the work cannot reasonably be completed within two hundred ten (210) days of the casualty, Tenant may terminate this Lease by written notice to Landlord within ten (10) business days after Tenant receives the Rebuilding Report, but such termination must occur before Landlord has started repair and restoration. c. The net amount of any insurance proceeds (excluding proceeds received pursuant to a rental coverage endorsement) recovered by reason of all insurance received with respect to the damage or destruction of the Demised Premises in excess of the cost of adjusting the insurance claim and collecting the insurance proceeds (such excess amount being hereinafter called the “net insurance proceeds”) shall be deposited applied towards the reasonable cost of restoration. If in a joint escrow account in Landlord’s reasonable opinion the name cost of completing such restoration will exceed the net insurance proceeds despite Landlord’s compliance with Section 7(e)(i), Landlord and Tenant to be disbursed to Landlord as shall have the restoration thereof progresses and as Landlord repairs or purchases replacement furnitureright, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six (6) months of the term hereof, and if such damage exceeds fifty percent (50%) of the then insurable value of the Demised Premises, either Landlord or Tenant may terminate this Lease as of the date of such damage by giving to the other written notice of its intention so to do within thirty (30) days after of the date casualty, to terminate this lease and all the unaccrued obligations of the parties hereto by sending a written notice of such damage occurs. If this Lease is so terminatedtermination to Tenant, the proceeds of all insurance payable with respect notice to the damage or destruction shall belong, and be paid, to Landlord, the rent payable hereunder shall be abated as of the specify a termination date of such damage, and Tenant shall remove all of its property from the Demised Premises within thirty no less then ten (3010) days after its transmission. d. Landlord’s obligation or election to restore the notice Premises under this Section shall include the repair, restoration or replacement of termination the base Building and the Tenant Improvements, but shall not include fixtures, alterations, furniture or any other property owned, installed, made by, or in the possession of Tenant. e. Rent shall equitably ▇▇▇▇▇ for any period that Tenant is givenunable to use all or a portion of the Premises as a result of a casualty normally covered by an “all risk” type of insurance policy.

Damage by Fire or Other Casualty. In (a) If the event the Demised Premises, or any part thereof, shall be Premises are damaged by fire fire, the elements or other casualty by any act not due to the fault or negligence of Tenantthe Lessee, its agents, employees visitors or invitees during or as a result of the termoccupancy of the Premises by Lessee, hereofbut the Premises are not thereby rendered untenantable only in part, Landlord agrees that it Lessor shall as soon as practicable, cause damage to be repaired with insurance proceeds provided therefore and the rent hall be abated. Said repairs will restore be done within 120 days of insurance settlement and city approval of repairs proposed. (b) If the Demised Premises are damaged by fire, the elements, or other casualty not due to the extent fault or negligence of the insurance proceeds received Lessee, its visitors or invitees as a result of the occupancy of the Premises by Tenant with respect to the Demised Premises, with reasonable dispatch, to substantially the same condition it was in prior to such damageLessee, and the proceeds of all insurance received with respect to Premises are rendered untenantable only in part, Lessor shall as soon as practicable, cause the damage or destruction of to be repaired with insurance proceeds provided therefore and the Demised Premises rent shall be deposited in a joint escrow account in the name of Landlord and Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder abated during the period intervening between the date Premises are untenantable in proportion as to the part of the Premises rendered untenantable. Said repairs will be done within 120 days of insurance settlement and city approval of repairs proposed. (c) If the entire Premises are rendered untenantable by fire, the elements or other casualty not due to the fault or negligence of the Lessee, its visitors or invitees or as a result of the occupancy of the premises by Lessee, the Landlord shall cause such damage to be repaired with insurance proceeds provided therefore and the date rent meanwhile shall be abated, provided, however, that Lessor and Lessee shall have notified the Demised Premises are restored. Anything other party in writing, of its election not to reconstruct the foregoing to the contrary notwithstanding, if such damage occurs during the last six (6) months of the term hereofPremises, and if in such damage exceeds fifty percent (50%) of the then insurable value of the Demised Premises, either Landlord or Tenant may terminate event this Lease and the tenancy hereby created shall cease as of the date of such the damage by giving to the other written Premises. Said notice of its intention so to do shall be given within thirty sixty (3060) days after the date such damage occurs. If this Lease is so terminated, the proceeds of all insurance payable with respect to the damage or destruction shall belong, and be paid, to Landlord, the rent payable hereunder shall be abated as of the date of such damagethe damage to the Premises. (d) Notwithstanding anything contained in this Paragraph, Lessor's obligations or election to repair hereunder shall extend only to the work originally done by the Lessor in the Premises. Lessee shall be obligated to repair and Tenant shall remove all pay for any work required to repair or replace the improvements and installations done by Lessee in the Premises and to repair or replace any of its Lessee's personal property from located in the Demised Premises within thirty (30) days after the notice of termination is givenPremises.

Damage by Fire or Other Casualty. In 22.1 If the event the Demised Premises, or any part thereof, Premises shall be damaged by fire or other casualty not arising from the fault or negligence of Tenant or its servants, agents, employees, invitees or licensees or, if such damage irrespective of cause shall be insured: (1) except as otherwise provided in subsection (2) hereof, the damage shall be repaired by any act and at the expense of Landlord (subject to the receipt of applicable insurance proceeds) and the Basic Rent and Additional Rent until such repairs shall be made shall be equitably abated according to the part of the Premises which is usable by Tenant, unless such damage was caused by the fault or negligence of Tenant or its servants, agents, employees employees, invitees, or invitees during the termlicensees, hereofin which case no abatement of Basic Rent or Additional Rent shall be made. Landlord agrees, Landlord agrees that it will restore the Demised Premises to the extent of the insurance proceeds received by Tenant with respect to the Demised Premises, with reasonable dispatchat its expense, to substantially the same condition it was in prior to such damage, and the proceeds of all insurance received with respect to the damage or destruction of the Demised Premises shall be deposited in a joint escrow account in the name of Landlord and Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding repair promptly any damage to the Demised Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue due to an Excusable Delay. (2) If the Premises are totally damaged or are rendered wholly untenantable by any act of Tenantfire or other casualty, its agents, employees or invitees rendering the same totally or partially untenantable, there shall if Landlord's architect certifies that it cannot be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six repaired within nine (69) months of the term hereofcasualty or if Landlord shall decide not to restore or repair same, and if such damage exceeds fifty percent (50%) of or shall decide to demolish the Building or to rebuild it, then insurable value of the Demised PremisesLandlord shall, either Landlord or Tenant may terminate this Lease as of the date of such damage by giving to the other written notice of its intention so to do within thirty (30) days after the date such damage occurs. If this Lease is so terminated, the proceeds final adjustment of all the insurance payable with respect to the damage claims from such fire or destruction shall belongother casualty, give Tenant a notice of such circumstance or decision, and be paid, to Landlord, thereupon the rent payable hereunder Term shall be abated as of the date of expire ten (10) days after such damagenotice is given, and Tenant shall remove all vacate the Premises and surrender the same to Landlord. (3) If Landlord fails to complete the repair and restoration of its property the Premises within nine (9) months from the Demised Premises 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 thirty fifteen (3015) days after the notice expiration of termination is giventhe aforesaid nine (9) month period.

Damage by Fire or Other Casualty. (a) If the Premises shall be damaged or destroyed by fire or other casualty, Tenant shall promptly notify Landlord, and Landlord, subject to the conditions hereafter set forth in this Section 17, 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. The work shall be commenced promptly and completed with due diligence, taking into account the time required by Landlord to effect a settlement with, and procure insurance proceeds from, the insurer. (b) If in Landlord's reasonable opinion the insurance proceeds will not be adequate to complete such restoration, or if the Lease is in the final year of any term and Tenant has not unequivocally and irrevocably elected to continue this Lease for any additional term, Landlord shall have the right to terminate this lease and all the unaccrued obligations of the parties hereto by sending a written notice of such termination to Tenant, the notice to specify a termination date no less than fifteen (15) days after its transmission. Landlord's obligation or election to restore the Premises under this Section shall not include the repairs, restoration or replacement of the fixtures, improvements, alterations, furniture or any other property owned, installed or made by Tenant. Further, Landlord shall have the right to terminate this lease on the occurrence of any substantial damage (25% or more) to the Premises and/or the remainder of the Building by giving express, written notice thereof to the Tenant within 30 days of the occurrence of such substantial damage. In the event of the Demised Premisesfailure of Landlord to terminate this Lease in the time provided above, Landlord's right to terminate as a result of such casualty should be waived. (c) If twenty five (25%) percent or any part thereof, shall be damaged more of the Premises are rendered unusable by fire or other casualty by any act of Tenant, its agents, employees or invitees during for their Permitted Use and if either (i) the term, hereof, Landlord agrees that it will restore fails to commence the Demised Premises to the extent repair of the insurance proceeds received by Tenant with respect Premises within sixty (60) days after the casualty and thereafter fails to the Demised Premises, with reasonable dispatch, to substantially the same condition it was in prior to complete such damage, and the proceeds of all insurance received with respect to the damage or destruction of the Demised Premises shall be deposited in a joint escrow account in the name of Landlord and Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last within six (6) months of the term hereofdate of fire or other casualty subject to delays beyond the reasonable control of Landlord or Landlord's contractors, and if such damage exceeds fifty percent subcontractors or suppliers, or (50%ii) the fire or other casualty occurs during the last twelve (12) months of the term of this Lease (which term has not been unequivocally or irrevocably extended), then insurable value Tenant may elect to terminate this lease within ten (10) days after the occurrence of the Demised Premisesevent giving rise to such right of termination. In the event such notice is so given, either Landlord or Tenant may this lease shall terminate this Lease as of the date of such damage by giving notice, any rent owing prior to the other written notice termination date shall be paid and any rent paid with respect to any period following such termination date shall be promptly refunded to Tenant, and the Tenant shall quit and surrender the demised premises as if such termination date were the expiration date of its intention so the term of this Lease. In the event of the failure of tenant to do within thirty timely provide the foregoing notice, Tenant's right to terminate as a result of such casualty shall be waived. (30d) days after In the date such damage occursevent of the termination of this Lease as hereinabove provided, all rent shall be adjusted between the parties hereto as of the casualty. If So long as this Lease is so terminatednot terminated as above set forth and except as provided in Section 20, the proceeds of all insurance payable with respect to the damage or destruction shall belong, and be paid, to Landlord, the rent payable hereunder shall be abated as of the date of such damage, and Tenant shall remove continue to pay the adjusted Base Rent and all of its property from the Demised Premises within thirty (30) days after the notice of termination is givenadjusted additional rent hereunder.

Damage by Fire or Other Casualty. In If the event the Demised Leased Premises, or any part thereofother portion of the Building shall, through no fault of Tenant or Tenant's agents, servants, employees, customers, contractors, visitors or licensees, be damaged by fire, the elements, unavoidable accident or other casualty: (a) Except as otherwise provided in subparagraph (b) hereof, Landlord, at Landlord's expense, shall promptly restore the Leased Premises, and Tenant, at Tenant's sole expense, shall promptly restore all leasehold improvements installed in the Leased Premises by Tenant or at Tenant's request and its own furniture, furnishings, trade fixtures and equipment and the rent shall not be abated. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord, or on account of labor problems, or any other cause beyond Landlord's reasonable control. If the damage or destruction is such as to make the Leased Premises or any substantial part thereof untenantable (in Landlord's judgment), and provided that such damage or destruction is not due in whole or part to the act or omission of Tenant or Tenant's agents, employees or invites, the Minimum Annual Rent shall abate proportionately (based on proportion of the number of square f▇▇▇ ▇endered untenantable to the total number of square feet of the Leased Premises), from the date of the damage or destruction until the date the Leased Premises has been restored by Landlord. (b) If the Leased Premises are substantially damaged or are rendered substantially untenantable by fire or other casualty by any act casualty, or if Landlord's architect certifies that the Leased Premises cannot be repaired within one hundred twenty (120) working days of Tenantnormal working hours, its agents, employees or invitees during said period commencing with the term, hereof, Landlord agrees that it will restore the Demised Premises to the extent start of the insurance proceeds received by Tenant with respect repair work, or if Landlord shall decide not to restore or repair the Demised Premisessame, with reasonable dispatch, to substantially the same condition it was in prior to such damage, and the proceeds of all insurance received with respect to the damage or destruction of the Demised Premises shall be deposited in a joint escrow account in the name of Landlord and Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six (6) months of the term hereof, and if such damage exceeds more than fifty percent (50%) of the then insurable value gross leasable area of the Demised PremisesBuilding is rendered untenantable (even if the Leased Premises is undamaged) or if Landlord shall decide to demolish the Building or not to rebuild it, either then Landlord may, within ninety (90) days after such fire or Tenant may other casualty, terminate this Lease by giving Tenant a notice in writing of such decision, and thereupon the term of this Lease shall expire on the date specified in such notice, or, if not date is so specified, by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Leased Premises and surrender the same to Landlord. Upon the termination of this Lease under the conditions hereinbefore provided, Tenant's liability for Minimum Annual Rent and Additional Rent shall cease as of the date day following the casualty. (c) The proceeds payable under all casualty insurance policies maintained by Landlord on the Leased Premises shall belong to and be the property of Landlord, and Tenant shall not have any interest in such proceeds. Tenant agrees to look to Tenant's casualty insurance policies for the restoration and replacement of the leasehold improvements installed in the Leased Premises by Tenant or at Tenant's request and Tenant's fixtures, equipment and furnishings in the Leased Premises, and in the event of termination of this Lease, for any reason, following any such damage by giving or destruction, Tenant shall promptly assign to the other written notice of its intention so Landlord or otherwise pay to do within thirty (30) days after the date such damage occurs. If this Lease is so terminatedLandlord, upon Landlord's request, the proceeds of said insurance and such other additional funds so that the total amount assigned and/or paid by Tenant to Landlord shall be sufficient to restore (whether or not any such restoration is actually to occur) all insurance payable with respect improvements, fixtures, equipment and furnishings (excepting only Tenant's trade fixtures and equipment) existing in the Leased Premises immediately prior to such damage or destruction. (d) Notwithstanding anything to the damage contrary in this Section 23 or destruction in any other provision of this Lease, any obligation (under this Lease or otherwise) of Landlord to restore all or any portion of the Leased Premises shall belong, and be paid, subject to Landlord, the rent payable hereunder shall be abated as 's receipt of approval of the date same by the mortgagee(s) of Landlord (and any other approvals required by applicable laws), as well as receipt from any such mortgagee(s) of such damage, fire and Tenant shall remove all of its property from the Demised Premises other hazard insurance policy proceeds as may have been assigned to any such mortgagee; it being agreed that if Landlord has not received such approval(s) and proceeds within thirty one hundred and eighty (30180) days after any such casualty, then Landlord shall have the option to terminate this Lease, at any time thereafter, upon notice of termination is givento Tenant.

Damage by Fire or Other Casualty. In (A) If the event the Demised Premises, or any part thereof, Premises shall be damaged by fire or other casualty casualty, then the damage shall be repaired, except as otherwise provided in this Section 6.02, by any act and at the expense 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 proceeds received by Tenant with respect reasonable promptness; provided, however, that Tenant's obligation to restore shall at all times be subject to obtaining all necessary approvals from all applicable governmental entities, the Demised Premises, with reasonable dispatch, Landlord and the holder of any Mortgage and the willingness of such holder to substantially the same condition it was in prior to such damage, and make the proceeds of all casualty insurance received with respect policies available to Tenant for such purposes. The Base Rent and the other charges due Landlord hereunder shall be equitably abated in the proportion which the part of the Premises which is not usable by Tenant bears to the damage entire Premises until the repairs required to be made by Tenant hereunder shall be made. (B) If the Premises are totally damaged or destruction rendered wholly untenantable by fire or other casualty, or if Tenant's architect certifies that the Premises cannot be repaired within twelve (12) months after the casualty, or if all or any portion of the Demised Premises shall be deposited in a joint escrow account in proceeds of any insurance policy are retained by the name holder of Landlord and any Mortgage, then Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furnituremay, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six within one hundred eighty (6) months of the term hereof, and if such damage exceeds fifty percent (50%) of the then insurable value of the Demised Premises, either Landlord or Tenant may terminate this Lease as of the date of such damage by giving to the other written notice of its intention so to do within thirty (30180) days after the date such damage occurs. If fire or other casualty, give Landlord notice of termination of this Lease is so terminated, the proceeds of all insurance payable with respect to the damage or destruction shall belongLease, and be paid, to Landlord, thereupon the rent payable hereunder Term shall be abated as of the date of expire ten (10) days after such damagenotice is given, and Tenant shall remove all vacate the Premises and surrender same to Landlord. (C) If the repair and restoration of its property from the Demised Premises are not substantially completed within thirty twelve (3012) days months after the date of the casualty, other than on account of delays by Tenant, but subject to delays resulting from causes beyond the reasonable control of Tenant and unless the Lease is terminated in accordance with this Section 6.02, any abatement in Base Rent and Additional Rent shall cease and Tenant's obligation to pay the same shall recommence. (D) Tenant shall give immediate written notice to Landlord of termination is givenany damage caused to the Premises by fire or other casualty.

Damage by Fire or Other Casualty. In If the event the Demised Leased Premises, or any part thereofother portion of the Building shall, through no fault of Tenant or Tenant's agents, servants, employees, customers, contractors, visitors or liscencees, be damaged by fire, the elements, unavoidable accident or other casualty: (a) Except as otherwise provided in subparagraph (b) hereof, Landlord, at Landlord's expense, shall promptly restore the Leased Premises, and Tenant, at Tenant's sole expense, shall promptly restore all leasehold improvements installed in the Leased Premises by Tenant or at Tenant's request and its own furniture, furnishings, trade fixtures and equipment and the rent shall not be abated. No penalty shall accrue for reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord, or on account of labor problems, or any other cause beyond Landlord's reasonable control. If the damage or destruction is such as to make the Leased Premises or any substantial part thereof untenantable (in Landlord's judgment), and provided that such damage or destruction is not due in whole or part to the act or omission of Tenant or Tenant's agents, employees or invites, the Minimum Annual Rent shall abate proportionately (based on proportion of the number of square f▇▇▇ ▇endered untenantable to the total number of square feet of the Leased Premises), from the date of the damage or destruction until the date the Leased Premises has been restored by Landlord. (b) If the Leased Premises are substantially damaged or are rendered substantially untenantable by fire or other casualty by any act casualty, or if Landlord's architect certifies that the Leased Premises cannot be repaired within one hundred twenty (120) working days of Tenantnormal working hours, its agents, employees or invitees during said period commencing with the term, hereof, Landlord agrees that it will restore the Demised Premises to the extent start of the insurance proceeds received by Tenant with respect repair work, or if Landlord shall decide not to restore or repair the Demised Premisessame, with reasonable dispatch, to substantially the same condition it was in prior to such damage, and the proceeds of all insurance received with respect to the damage or destruction of the Demised Premises shall be deposited in a joint escrow account in the name of Landlord and Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six (6) months of the term hereof, and if such damage exceeds more than fifty percent (50%) of the then insurable value gross leasable area of the Demised PremisesBuilding is rendered untenantable (even if the Leased Premises is undamaged) or if Landlord shall decide to demolish the Building or not to rebuild it, either then Landlord may, within ninety (90) days after such fire or Tenant may other casualty, terminate this Lease by giving Tenant a notice in writing of such decision, and thereupon the term of this Lease shall expire on the date specified in such notice, or, if not date is so specified, by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Leased Premises and surrender the same to Landlord. Upon the termination of this Lease under the conditions hereinbefore provided, Tenant's liability for Minimum Annual Rent and Additional Rent shall cease as of the date day following the casualty. (c) The proceeds payable under all casualty insurance policies maintained by Landlord on the Leased Premises shall belong to and be the property of Landlord, and Tenant shall not have any interest in such proceeds. Tenant agrees to look to Tenant's casualty insurance policies for the restoration and replacement of the leasehold improvements installed in the Leased Premises by Tenant or at Tenant's request and Tenant's fixtures, equipment and furnishings in the Leased Premises, and in the event of termination of this Lease, for any reason, following any such damage by giving or destruction, Tenant shall promptly assign to the other written notice of its intention so Landlord or otherwise pay to do within thirty (30) days after the date such damage occurs. If this Lease is so terminatedLandlord, upon Landlord's request, the proceeds of said insurance and such other additional funds so that the total amount assigned and/or paid by Tenant to Landlord shall be sufficient to restore (whether or not any such restoration is actually to occur) all insurance payable with respect improvements, fixtures, equipment and furnishings (excepting only Tenant's trade fixtures and equipment) existing in the Leased Premises immediately prior to such damage or destruction. (d) Notwithstanding anything to the damage contrary in this Section 23 or destruction in any other provision of this Lease, any obligation (under this Lease or otherwise) of Landlord to restore all or any portion of the Leased Premises shall belong, and be paid, subject to Landlord, the rent payable hereunder shall be abated as 's receipt of approval of the date same by the mortgagee(s) of Landlord (and any other approvals required by applicable laws), as well as receipt from any such mortgagee(s) of such damage, fire and Tenant shall remove all of its property from the Demised Premises other hazard insurance policy proceeds as may have been assigned to any such mortgagee; it being agreed that if Landlord has not received such approval(s) and proceeds within thirty one hundred and eighty (30180) days after any such casualty, then Landlord shall have the option to terminate this Lease, at any time thereafter, upon notice of termination is givento Tenant.

Damage by Fire or Other Casualty. In If the event the Demised Premises, or any part thereof, Premises shall be damaged or destroyed by fire or other casualty by casualty, Tenant shall promptly notify Landlord, and Landlord, subject to any act mortgagee's consent to the conditions set forth in this Section 12, and subject also to the provisions of TenantParagraph (b) below, its agentsshall repair, employees rebuild or invitees during the term, hereof, Landlord agrees that it will replace such damage and restore the Demised Premises to the extent of the insurance proceeds received by Tenant with respect to the Demised Premises, with reasonable dispatch, to substantially the same condition it was in which they were immediately prior to such damagedamage or destruction; provided further, that if a casualty occurs during the last twelve (12) months of the Term or any extension thereof, Landlord may cancel this lease. The work shall be commenced promptly and completed with due diligence, taking into account the time required by Landlord to effect a settlement with, and procure insurance proceeds from, the insurer, and for delays beyond Landlord's reasonable control. In the event that, in the reasonable opinion of a reputable contractor or architect designated by Landlord (the "Rebuilding Report"), and communicated to Tenant, the work cannot reasonably be completed within one hundred eighty (180) days of the casualty, Landlord may terminate this lease by written notice to Tenant within ten (10) business days after Landlord receives the Rebuilding Report. In addition, if the Rebuilding Report shows that the work cannot reasonably be completed within two hundred ten (210) days of the casualty, Tenant may terminate this Lease by written notice to Landlord within ten (10) business days after Tenant receives the Rebuilding Report, but such termination must occur before Landlord has started repair and restoration. The net amount of any insurance proceeds (excluding proceeds received pursuant to a rental coverage endorsement) recovered by reason of all insurance received with respect to the damage or destruction of the Demised Premises in excess of the cost of adjusting the insurance claim and collecting the insurance proceeds (such excess amount being hereinafter called the "net insurance proceeds") shall be deposited applied towards the reasonable cost of restoration. If in a joint escrow account in Landlord's reasonable opinion the name cost of completing such restoration will exceed the net insurance proceeds despite Landlord's compliance with Section 7(e)(i), Landlord and Tenant to be disbursed to Landlord as shall have the restoration thereof progresses and as Landlord repairs or purchases replacement furnitureright, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six (6) months of the term hereof, and if such damage exceeds fifty percent (50%) of the then insurable value of the Demised Premises, either Landlord or Tenant may terminate this Lease as of the date of such damage by giving to the other written notice of its intention so to do within thirty (30) days after of the date casualty, to terminate this lease and all the unaccrued obligations of the parties hereto by sending a written notice of such damage occurs. If this Lease is so terminatedtermination to Tenant, the proceeds of all insurance payable with respect notice to the damage or destruction shall belong, and be paid, to Landlord, the rent payable hereunder shall be abated as of the specify a termination date of such damage, and Tenant shall remove all of its property from the Demised Premises within thirty no less then ten (3010) days after its transmission. Landlord's obligation or election to restore the notice Premises under this Section shall include the repair, restoration or replacement of termination the base Building and the Tenant Improvements, but shall not include fixtures, alterations, furniture or any other property owned, installed, made by, or in the possession of Tenant. Rent shall equitably a▇▇▇▇ for any period that Tenant is givenunable to use all or a portion of the Premises as a result of a casualty normally covered by an "all risk" type of insurance policy.

Damage by Fire or Other Casualty. In (a) If the event the Demised Premises, Premises or any part thereof, Common Areas shall be damaged or destroyed by fire or other casualty by any act of Tenantcasualty, its agentsTenant shall promptly notify Landlord, employees or invitees during and Landlord, subject to the termconditions set forth in this Section, hereof, Landlord agrees that it will shall repair such damage and restore the Demised Premises to the extent of the insurance proceeds received by Tenant with respect to the Demised Premises, with reasonable dispatch, or Common Areas to substantially the same condition it was in which they were immediately prior to such damage, and the proceeds of all insurance received with respect to the damage or destruction destruction, but not including the repair, restoration or replacement 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 fixtures, equipment, or purchases replacement furniture, fixtures and equipment so damaged Alterations installed by or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act on behalf of Tenant. Landlord shall notify 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 and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between within 30 days after the date of such damage and the casualty, if Landlord anticipates that the restoration will take more than 240 days from the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six (6) months of the term hereof, and if casualty to complete; in such damage exceeds fifty percent (50%) of the then insurable value of the Demised Premisesevent, either Landlord or Tenant (unless the damage was caused by Tenant) may terminate this Lease effective as of the date of such damage 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 then-current notice address in writing, and (iii) Tenant has not sublet or assigned all or any part of the Premises other than to an Affiliate of Tenant in accordance with this Lease, then Landlord shall promptly notify Tenant of the Commencement of Reconstruction of the 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 (including access thereto and parking therefor) to substantially the condition that existed prior to the casualty, including Tenant's fixtures, equipment and Alterations, provided Tenant uses diligent efforts to complete the installation and construction of such fixtures, equipment and Alterations. If Tenant fails to deliver notice of its intention desire to reinstate the Lease to Landlord within the time period specified, Tenant shall be deemed to have waived the right to 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. (b) 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 to do within thirty (30) 30 days after the date such damage occursof the casualty. If Moreover, Landlord may terminate this Lease if the loss is so terminated, not covered by the proceeds insurance required to be maintained by Landlord under this Lease. Tenant will receive an abatement of all insurance payable with respect Minimum Annual Rent and Annual Operating Expenses to the damage or destruction shall belong, and be paid, to Landlord, extent the rent payable hereunder shall be abated Premises are rendered untenantable as a result of the date of such damage, and Tenant shall remove all of its property from the Demised Premises within thirty (30) days after the notice of termination is givencasualty.

Damage by Fire or Other Casualty. In If the event the Demised Premises, or any part thereof, Leased Premises shall be damaged by fire or other casualty by any act of Tenantcasualty, its agentsexcept as otherwise provided in subparagraph a hereunder, employees or invitees during the termLandlord, hereofat Landlord's expense, Landlord agrees that it will shall promptly restore the Demised Premises to the extent of the insurance proceeds received by Tenant with respect to the Demised Leased Premises, with reasonable dispatchand Tenant at Tenant's sole expense, to substantially shall promptly restore its own furniture, furnishings, trade fixtures and equipment. Tenant shall maintain insurance coverage for tenant improvements, excluding the same condition it was in prior to such damageInitial Capital Improvements, and personal property owned by Tenant. No penalty shall accrue for reasonable delay that may arise by reason of adjustment of insurance on the proceeds part of all insurance received with respect to Landlord, or on account of labor problems, or any other cause beyond Landlord's reasonable control. If the damage or destruction of is such as to make the Demised Leased Premises shall be deposited or any substantial part thereof untenantable (in a joint escrow account Landlord's judgment), and provided that such damage or destruction is not due in the name of Landlord and Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs whole or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage in part to the Demised Premises by any negligent act or negligent omission of Tenant or Tenant, its 's agents, employees contractors, licensees, employees, or invitees rendering invitees, the same totally or partially untenantableBasic Monthly Rent shall ▇▇▇▇▇ proportionately, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between from the date of such the damage and or destruction until the date the Demised Leased Premises has been restored by Landlord. a. If the Leased Premises are restored. Anything in substantially damaged or are rendered substantially untenable by fire or other casualty, or if Landlord's architect certifies that the foregoing to Leased Premises cannot be repaired within one hundred twenty (120) business days of normal working hours, said period commencing with the contrary notwithstanding, if such damage occurs during the last six (6) months start of the term hereofrepair work, and or if such damage exceeds Landlord shall decide not to restore or repair the same, or if more than fifty percent (50%) of the then insurable value gross leasable area of the Demised PremisesLeased Premises is rendered untenantable (even if the Leased Premises is undamaged) or if Landlord shall decide to demolish the Leased Premises or not to rebuild it, either then Landlord or Tenant may terminate this Lease as of the date of such damage by giving to the other written notice of its intention so to do may, within thirty (30) days after such fire or other casualty, terminate this Lease Agreement by giving the date other party a notice in writing of such decision, and thereupon the term of this Lease Agreement shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Leased Premises within a reasonable time and surrender the same to Landlord. Upon the termination of this Lease Agreement under the conditions hereinbefore provided, and ▇▇▇▇▇▇'s performance as stated herein, Tenant's liability for Basic Monthly Rent and Additional Rent shall cease as of the day following casualty. b. The proceeds payable under all casualty insurance policies maintained by Landlord on the Leased Premises shall belong to and be the property of Landlord, and Tenant shall not have any interest in such proceeds. Tenant agrees to look to ▇▇▇▇▇▇'s casualty insurance policies for the restoration and replacement of ▇▇▇▇▇▇'s fixtures, equipment and furnishings in the Leased Premises, and in the event of termination of this Lease Agreement, for any reason, following any such damage occurs. If this Lease is so terminatedor destruction, Tenant shall promptly assign to Landlord or otherwise pay to Landlord, upon Landlord's request, the proceeds of said insurance and such other additional funds so that the total amount assigned and/or paid by Tenant to Landlord shall be sufficient to restore (whether or not any such restoration is actually to occur) all insurance payable with respect imp rovements, fixtures, equipment and furnishings (excepting only ▇▇▇▇▇▇'s trade fixtures and equipment) existing in the Leased Premises immediately prior to such damage or destruction. c. Notwithstanding anything to the damage contrary in any other provision of this Lease Agreement, any obligation (under this Lease Agreement or destruction otherwise) of Landlord to restore all or any portion of the Leased Premises shall belongbe subject to Landlord's receipt of approval of the same by the mortgagee(s) of Landlord (and any other approvals required by applicable laws), as well as receipt from any such mortgagee(s) of such fire and other hazard insurance policy proceeds as may have been assigned to any such mortgage; it being agreed that if Landlord has not received such approval(s) and proceeds, and be paidas a result thereof or for any other reason has not commenced the repair work , to Landlord, the rent payable hereunder shall be abated as of the date of such damage, within one hundred and Tenant shall remove all of its property from the Demised Premises within thirty eighty (30180) days after any such casualty, then either Landlord or Tenant shall have the option to terminate this Lease Agreement, at any time thereafter, upon notice of termination is givento the other.

Damage by Fire or Other Casualty. In If the event Premises or the Demised Premises, or any part thereof, Building (including machinery and equipment used in its operation) shall be destroyed or damaged by fire or other casualty and if the Premises or Building may be repaired and restored within one hundred twenty (120) days (plus such additional time during which Landlord may be prevented or delayed from completing the repairs for causes beyond its reasonable control and for insurance adjustments) after such damage then Landlord shall have the option by notifying Tenant to: (a) repair and restore the same with reasonable promptness; or (b) elect to demolish the Building, or cease its operation, in which event this Lease shall automatically be canceled and terminated as of the date of such damage. In the event any such damage not caused by the act or neglect of Tenant, its agents, employees servants, employees, guests, licensees or invitees during renders the term, hereof, Landlord agrees that it will restore the Demised Premises to the extent of the insurance proceeds received untenantable and if this Lease shall not be canceled and terminated by Tenant with respect to the Demised Premises, with reasonable dispatch, to substantially the same condition it was in prior to reason on such damage, and the proceeds of all insurance received with respect to the damage or destruction of the Demised Premises then rent shall be deposited in a joint escrow account in the name of Landlord and Tenant to be disbursed to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding any damage to the Demised Premises by any act of Tenant, its agents, employees or invitees rendering the same totally or partially untenantable, there shall not be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder ▇▇▇▇▇ during the period intervening between beginning with the date of such damage fire or other casualty and ending with the date the Demised Premises are restored. Anything when Landlord's work in the foregoing Premises is substantially completed, such abatement to be in an amount bearing the same ratio to the contrary notwithstandingtotal amount of rent for such period as the untenantable portion of the Premises bears to the entire Premises. Landlord's work shall not include the repair, if replacement or restoration of Tenant's fixtures or tenant improvements, including, but not limited to, special wall and floor coverings, special lighting fixtures, built-in cabinets and bookshelves. If such damage occurs during renders the last six (6) months of Premises or the term hereofBuilding untenantable, in whole or in part, and if if, in Landlord's judgment, such damage exceeds fifty percent cannot reasonably be repaired and restored within one hundred twenty (50%120) of days (plus such additional time during which Landlord may be prevented from completing the then insurable value of the Demised Premisesrepairs for causes beyond its reasonable control), either Landlord or Tenant may party shall have the right to cancel and terminate this Lease as of the date of such damage, provided, however, that Tenant may not elect to terminate this Lease if such damage was caused by giving the act or neglect of Tenant, its agents, servants, employees, guests, licensees or invitees. Any right to terminate or any other option provided for any party in this Paragraph 12 must be exercised by written notice to the other written notice of its intention so to do party served within one hundred thirty (30130) days after the date such damage occurs. If this Lease is so terminated, the proceeds of all insurance payable with respect to the damage or destruction shall belong, and be paid, to Landlord, the rent payable hereunder shall be abated as of the date of such damage, and Tenant shall remove all of its property from the Demised Premises within thirty (30) days after the notice of termination is givenhave occurred.

Damage by Fire or Other Casualty. In If the event the Demised Premises, or any part thereof, Premises shall be damaged by fire or other casualty by any act not arising from the fault or negligence of TenantTenant or its servants, its agents, employees employees, invitees or invitees during the term, licensees: (a) Except as otherwise provided in subsection (b) hereof, Landlord agrees that it will restore the Demised Premises to the extent of the insurance proceeds received by Tenant with respect to the Demised Premises, with reasonable dispatch, to substantially the same condition it was in prior to such damage, and the proceeds of all insurance received with respect to ; the damage or destruction of the Demised Premises shall be deposited in a joint escrow account in repaired by and at the name expense of Landlord and Tenant the rent and additional rent until such repairs shall be made shall be equitably abated according to be disbursed the part of the Premises which is usable by Tenant. Landlord agrees, at its expense, to Landlord as the restoration thereof progresses and as Landlord repairs or purchases replacement furniture, fixtures and equipment so damaged or destroyed. It is expressly understood and agreed that notwithstanding repair promptly any damage to the Demised Premises, except that Tenant agrees to repair or replace its own furniture, furnishings and equipment. No penalty shall accrue to an Excusable Delay. (b) If the Premises are totally damaged or are rendered wholly untenantable by any act of Tenantfire or other casualty, its agents, employees or invitees rendering the same totally or partially untenantable, there shall if Landlord’s architect certifies that it cannot be any abatement repaired within ninety (90) days of rent the casualty or if Landlord shall decide to demolish the Building or to rebuild it, then Landlord shall, within ninety (90) days after such fire or other casualty, give Tenant a notice of such decision, and thereupon the term shall expire ten (10) days after such notice is given, and Tenant shall be vacate the Premises and continue surrender the same to remain liable for Landlord. (c) If Landlord fails to complete the payment repair and restoration 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 within six (6) months from the date of the term hereof, casualty (subject to Excusable Delays) then Tenant shall have the right to cancel and if such damage exceeds fifty percent (50%) of the then insurable value of the Demised Premises, either Landlord or Tenant may terminate this Lease as upon the delivery of the date of such damage by giving a notice to the other written notice of its intention so to do Landlord delivered within thirty fifteen (3015) days after the date such damage occurs. If this Lease is so terminated, the proceeds of all insurance payable with respect to the damage or destruction shall belong, and be paid, to Landlord, the rent payable hereunder shall be abated as expiration of the date of such damage, aforesaid six (6) month period. (d) Landlord agrees that it shall diligently pursue all repair and Tenant shall remove all of restoration work required on its property from the Demised Premises within thirty (30) days after the notice of termination is givenpart to be completed hereunder.

Damage by Fire or Other Casualty. In (A) If the event the Demised Premises, or any part thereof, Premises shall be partially damaged by fire or other casualty casualty, then the damage shall be repaired by any act of TenantLandlord, its agentsexcept as otherwise provided in this Section 6.02, employees or invitees during the term, hereof, Landlord agrees that it will restore the Demised Premises to the extent of from the insurance proceeds received actually paid to Landlord. In such event, the Base Rent and Additional Rent due hereunder shall be equitably abated in the proportion which the part of the Premises not usable by Tenant with respect bears to the Demised Premises, with reasonable dispatch, entire Premises until the damage is repaired by Landlord as required hereunder. Tenant shall give immediate written notice to substantially the same condition it was in prior to such damage, and the proceeds Landlord of all insurance received with respect any damage caused to the damage Premises by fire or destruction of other casualty. (B) If 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 are totally damaged or destroyed. It is expressly understood and agreed rendered wholly untenantable by fire or other casualty, or if Landlord's architect certifies 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 it cannot be any abatement of rent and Tenant shall be and continue to remain liable for the payment of all rent and other amounts due hereunder during the period intervening between the date of such damage and the date the Demised Premises are restored. Anything in the foregoing to the contrary notwithstanding, if such damage occurs during the last six repaired within one hundred eighty (6) months of the term hereof, and if such damage exceeds fifty percent (50%) of the then insurable value of the Demised Premises, either Landlord or Tenant may terminate this Lease as of the date of such damage by giving to the other written notice of its intention so to do within thirty (30180) days after the date such damage occurs. If this Lease is so terminatedcasualty, or if all or any portion of the proceeds of all any insurance payable with respect policy are retained by the lessor under any Superior Lease or the holder of any Mortgage, or if Landlord shall decide not to repair the damage or destruction shall belongBuilding, and be paidthen Landlord may, to Landlord, the rent payable hereunder shall be abated as of the date of such damage, and Tenant shall remove all of its property from the Demised Premises within thirty one hundred eighty (30180) days after the such fire or other casualty, give Tenant notice of termination of this Lease, and thereupon the Term shall expire ten (10) days after such notice is given. (C) Landlord's obligations in connection with such restoration work shall be strictly limited to the replacement of the basic building area and in no event shall Landlord be obligated to replace or restore any improvements to the Premises or any alterations thereof which were installed therein by or on behalf of Tenant, or Tenant's leasehold improvements, personal property, furniture, fixtures, equipment or the like.