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

Damage by Fire or Other Casualty. If the Premises or Common Areas shall be damaged or 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 (other than the Tenant Improvements). 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 to complete; in such event, either Landlord or Tenant (unless the damage was caused by Tenant) may terminate this Lease effective as of the date of casualty by giving notice to the other within 30 days after Landlord’s notice. If the restoration actually takes more than 240 days from the date of the casualty to complete, in such event 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 210 days from the date of the casualty. 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, Annual Operating Expenses and other Rent to the extent the Premises are rendered untenantable as a result of the casualty.

Damage by Fire or Other Casualty. If In the event the Premises or Common Areas the Building, or any part thereof, shall be damaged or destroyed by fire or other casualtycasualty during the Term, Tenant shall promptly notify Landlord, and Landlord, subject Landlord agrees that it will restore the same to the conditions set forth in this Sectionextent that the damage affects the use of the Premises, shall repair such damage and restore the Premises or Common Areas with reasonable dispatch, to substantially the same condition in which they were immediately prior Landlord was required to such damage or destruction, but not including deliver it at the repair, restoration or replacement commencement of the fixturesTerm (excluding any alterations or improvements constructed by Tenant), equipmentinsofar as the proceeds from Landlord’s insurance permit. If the Premises are rendered wholly or partially untenantable as a result of such damage, or Alterations installed by or on behalf the Minimum Rent payable hereunder shall be equitably abated (according to the loss of Tenant (other than use) during the Tenant Improvements). Landlord shall notify Tenant, within 30 days after period intervening between the date of such damage and the casualtydate which is the earlier of (a) ninety (90) days after Landlord completes its required restoration of the Premises or (b) the date Tenant substantially completes it restoration work and reopens the Premises for business. Anything in the foregoing to the contrary notwithstanding, if Landlord anticipates that such damage occurs during the restoration last two (2) years of the Term, and if such damage exceeds fifty percent (50%) of the then insurable value of the Premises or if the reconstruction of the Premises will take more longer than 180 one hundred twenty (120) days from the date of the casualty to complete; in such eventdamage, either Landlord or Tenant (unless the damage was caused by Tenant) may terminate this Lease effective as of the date of casualty such damage, by giving notice to the other written notice of its intention to do so within 30 thirty (30) days after Landlord’s notice. If the restoration actually takes more than 240 days from the date such damage occurs; provided, however, that if this Lease gives Tenant an option to extend the Term and Tenant extends the Term of this Lease for at least five (5) years by exercising such option within fifteen (15) days after Tenant receives a notice from Landlord of its intention to terminate this Lease, neither Landlord nor Tenant shall have the casualty right to completecancel this Lease and any cancellation by Landlord shall be deeded revoked. In addition, in such event Tenant (unless Landlord shall have the damage was caused by Tenant) may right to terminate this Lease effective by written notice to Tenant if there occurs a fire or other damage to the Building at any time during the Term and the cost of restoration exceeds forty percent (40%) of the insurable value of the Building (above foundations) and Landlord elects not to restore the Building. If this Lease is terminated pursuant to this Section, the Rent payable hereunder shall be abated as of the date of casualty by giving notice to the other within 210 days such damage, and Tenant shall remove all of Tenant’s property from the date of the casualty. 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 Premises within 30 thirty (30) days after the date notice of the casualty. Moreover, Landlord may terminate this Lease if the loss termination is not covered by the insurance required to be maintained by Landlord under this Lease. Tenant will receive an abatement of Minimum Annual Rent, Annual Operating Expenses and other Rent to the extent the Premises are rendered untenantable as a result of the casualtygiven.

Damage by Fire or Other Casualty. If fire or other casualty shall render the whole or any material portion of the Premises untenable, and the Premises can reasonably be expected to be made tenantable within one hundred twenty (120) days from the date of such event, then Lessor shall repair and restore the Premises and the Complex to as near their condition prior to the fire or Common Areas other casualty as is reasonably possible within such one hundred twenty (120) day period (subject to delays for causes beyond Lessor's reasonable control) and notify Lessee that it will be doing so, such notice to be mailed within thirty (30) days from the date of such damage or destruction, and this Lease shall remain in full force and effect, but the rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable); provided however, if such casualty occurs within the last two (2) years of the term of this Lease (as the same may be extended), Lessee shall have the right to terminate this Lease by notice given to Lessor within thirty (30) days of the casualty and such termination shall be effective thirty (30) days after said notice. If Lessor is required to repair the Complex and/or the Premises, as aforesaid, said work shall be undertaken and prosecuted with all due diligence and speed. It fire or other casualty shall render the whole or any material part of the Premises untenantable and the Premises cannot reasonably be expected to be made tenantable within one hundred twenty (120) days from the date of such event, then either party, by notice in writing to the other mailed within 16 thirty (30) days from the date of such damage or destruction, may terminate this Lease effective upon a date within thirty (30) days from the date of such notice. In the event that more than fifty percent (50%) of the value of the Complex is damaged or destroyed by fire or other casualty, Tenant shall promptly notify Landlordand irrespective of whether damage or destruction can be made tenantable within one hundred twenty (120) days thereafter, and Landlordthen at Lessor's option, subject by written notice to Lessee, mailed within forty-five (45) days from 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 date of 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 Lessor may terminate this Lease effective upon a date within thirty (other than the Tenant Improvements). Landlord shall notify Tenant, within 30 days after the date of the casualty, if Landlord anticipates that the restoration will take more than 180 30) days from the date of the such notice to Lessee. If fire or other casualty to complete; in such event, either Landlord or Tenant (unless the damage was caused by Tenant) may terminate this Lease effective as shall render any portion of the date Premises or any material portion of casualty the Complex untenantable and the insurance proceeds are not sufficient to make repairs, then Lessor may, by giving notice to the other Lessee, mailed within 30 days after Landlord’s notice. If the restoration actually takes more than 240 thirty (30) days from the date of the casualty to completesuch damages or destruction, in such event Tenant (unless the damage was caused by Tenant) may terminate this Lease effective as of the upon a date of casualty by giving notice to the other within 210 thirty (30) days from the date of the casualtysuch notice. If a casualty occurs during the last 12 months Premises or the Complex is damaged, and such damage is of the Termtype insured against under the fire and special form property damage insurance maintained by Lessor hereunder, Landlord may the cost of repairing said damage up to the amount of the deductible under said insurance policy shall be included as a part of the Operating Expenses. If the damage was due to an act or omission of Lessee, Lessee shall pay Lessor the difference between the actual cost of repair and any insurance proceeds received by Lessor. If fire or other casualty shall render the whole or any material part of the Premises untenantable and the Premises cannot reasonably be expected to be made tenantable within one hundred twenty (120) days from the date of such event and neither party hereto terminates this Lease pursuant to its rights herein or in the event that more than fifty percent (50%) of the value of the Complex is damaged or destroyed by fire or other casualty, and Lessor does not terminate this Lease unless Tenant has pursuant to its option granted herein, or in the right event that fifty percent (50%) or less of the value of the Complex is damaged or destroyed by fire or other casualty and neither the whole nor any material portion of the Premises is rendered untenantable, then Lessor shall repair and restore the Premises and the Complex to extend as near their condition prior to the Term fire or other casualty as is reasonably possible with all due diligence and speed (subject to delays for at least 3 causes beyond Lessor's reasonable control) and the rent for the period during which the Premises are untenantable shall be abated pro rata (based upon the portion of the Premises which is untenantable). In no event shall Lessor be obligated to repair or restore any special equipment or improvements installed by Lessee. Anything herein contained to the contrary notwithstanding, Lessor shall not be obligated to spend more years than the net insurance proceeds available to Lessor on account of any fire or other casualty in order to repair or restore the Premises or the Complex following such casualty; provided, however, Lessor shall notify Lessee promptly after the casualty if Lessor is unwilling to expend more than available net insurance proceeds. In the event of a termination of this Lease pursuant to this Article, rent shall be apportioned on a per them basis and does so within 30 days after paid to 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, Annual Operating Expenses and fire or other Rent to the extent the Premises are rendered untenantable as a result of the casualty.

Damage by Fire or Other Casualty. If the Premises or Common Areas shall be damaged or 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 (other than the Tenant Improvements)Tenant. Landlord shall notify Tenant, within 30 thirty (30) days after the date of the casualty, if Landlord anticipates that the restoration will take more than 180 one hundred eighty (180) days from the date of the casualty to complete; in such event, either Landlord or Tenant (unless the damage was caused by Tenant or Tenant’s Agents) may terminate this Lease effective as of the date of casualty by giving notice to the other within 30 days ten (10) Business Days after LandlordXxxxxxxx’s notice. If the restoration actually takes more than 240 days from the date of the casualty to complete, in such event 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 210 days from the date of the casualty. If a casualty occurs during the last 12 twelve (12) months of the Term, Landlord may terminate this Lease 126390.00400/118481426v.4 04/15/2019 05:55 A4P4 unless Tenant Xxxxxx has the right to extend the Term for at least 3 three (3) more years and does so within 30 thirty (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. Notwithstanding the foregoing, if Xxxxxx was entitled to but elected not to exercise its right to terminate this Lease and Landlord does not substantially complete the 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, Rent and Annual Operating Expenses and other Rent to the extent the Premises (or any material portion) are rendered untenantable unusable as a result of the casualty, except if caused by Tenant or Tenant’s Agents and not covered by Landlord’s insurance proceeds.

Damage by Fire or Other Casualty. If the Premises or the Common Areas shall be damaged or destroyed by fire or other casualty, Tenant shall promptly notify Landlord, and Landlord, subject to the conditions set forth in this SectionSection 15, 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 (other than the Tenant Improvements)Tenant. Landlord shall notify Tenant, within 30 sixty (60) days after the date of the casualty, if casualty of the length of time it anticipates that the restoration will take. If Landlord anticipates that the restoration will take more than 180 days twenty-four (24) months from the date of the casualty date of the casualty, and if Tenant, in Tenant’s good faith judgment, (i) is reasonably unable to complete; conduct its business, in the ordinary course, in more than fifty percent (50%) of the Premises (based on square footage) due to such eventdamage, or (ii) is unable to reasonably and lawfully conduct the pharmacological or biological operations that Tenant conducts in the Phase 1-A area of the Building as a result of the casualty, then in either 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 30 thirty (30) days after Landlord’s notice. If Landlord advises Tenant that the restoration actually takes casualty is not expected to take more than 240 days twenty-four (24) months from the date of the casualty to completefully repair and restore, but in such event fact takes more than twenty-four (24) months from casualty date to repair and restore, then Tenant (unless shall have the damage was caused by Tenant) may right to terminate this Lease effective as of the date of casualty by giving upon ninety (90) days’ notice to the other Landlord, unless Landlord shall complete its repair and restoration within 210 days from the date such ninety (90) day period, in which event Tenant’s notice of the casualtytermination shall be void. If In addition, if a casualty occurs during the last 12 twelve (12) months of the Term, Landlord and the cost to restore such damage shall exceed $2,000,000 Constant Dollars, either party may terminate this Lease; provided, however, that Landlord shall not have the right to terminate this Lease unless if Tenant has the right to extend the Term for at least 3 three (3) more years and does so timely pursuant to the requirements of this Lease, but in any event within 30 sixty (60) days after the date of the following such 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. If this Lease is not terminated as set forth above, Tenant will receive an abatement of Minimum Annual Rent, Rent and Annual Operating Expenses and other Rent to the extent extent, and for so long, as the Premises are rendered untenantable as a result of the casualty. Landlord shall obtain the agreement of any Mortgagee now or hereafter encumbering the Building to re-advance insurance proceeds for restoration of the Building so long as (A) the restoration can reasonably be completed at least one (1) year before maturity of the mortgage loan, (B) Tenant is not in monetary default beyond applicable notice and cure periods under the Lease at the time of the casualty, (C) Tenant continues to have at least 66.67% of the Building under Lease, and (D) Tenant shall have at least three (3) years remaining under this Lease or agrees to exercise its option to extend the Term. Alternatively, Landlord, Tenant and Landlord’s lender may agree on alternative provisions for the release of insurance proceeds in an SNDA or other agreement among the parties. Landlord shall restore the Building (including the Tenant’s Work) to an architectural whole in substantially the same configuration and condition as existed immediately prior to the happening of such casualty, subject to the availability of insurance proceeds for such restoration; provided, however, that if Landlord has failed to carry the insurance required under this Lease, and such damage would have been covered by such insurance, such requirement to restore shall be irrespective of whether insurance proceeds advanced to Landlord are sufficient for same. Tenant agrees that promptly after completing of such work by Landlord, it will proceed with reasonable diligence and at its sole cost and expense, to rebuild, repair, and restore Tenant’s Alterations and Tenant’s signs, furniture, trade fixtures, equipment and other personal property. It is hereby acknowledged and agreed that Landlord’s lender may, as a condition to disbursing insurance proceeds for restoration, require that Landlord and Tenant demonstrate access to, and provide reserves for, sufficient liquid assets to fund the above-described restoration in the event of any shortfall in insurance proceeds for such work, and each party agrees to comply with such requirements.

Damage by Fire or Other Casualty. a. If the Premises or Common Areas shall be damaged or destroyed by fire or other casualty, Tenant shall promptly notify Landlord, and Landlord, subject to any mortgagee’s consent to the conditions set forth in this SectionSection 12, and subject also to the provisions of Paragraph (b) below, shall repair repair, rebuild or replace 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; 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 not including 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 the damage or destruction of the Premises in excess of the cost of adjusting the insurance claim and collecting the insurance proceeds (such excess amount being hereinafter called the “net insurance proceeds”) shall be applied towards the reasonable cost of restoration. If in Landlord’s reasonable opinion the cost of completing such restoration will exceed the net insurance proceeds despite Landlord’s compliance with Section 7(e)(i), Landlord shall have the right, within thirty (30) days of the casualty, 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 then ten (10) days after its transmission. d. Landlord’s obligation or election to restore the Premises under this Section shall include the repair, restoration or replacement of the fixtures, equipment, or Alterations installed by or on behalf of Tenant (other than base Building and the Tenant Improvements). Landlord , but shall notify not include fixtures, alterations, furniture or any other property owned, installed, made by, or in the possession of Tenant, within 30 days after the date . e. Rent shall equitably xxxxx for any period that Tenant is unable to use all or a portion of the casualty, if Landlord anticipates that the restoration will take more than 180 days from the date of the casualty to complete; in such event, either Landlord or Tenant (unless the damage was caused by Tenant) may terminate this Lease effective as of the date of casualty by giving notice to the other within 30 days after Landlord’s notice. If the restoration actually takes more than 240 days from the date of the casualty to complete, in such event 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 210 days from the date of the casualty. 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, Annual Operating Expenses and other Rent to the extent the Premises are rendered untenantable as a result of the casualtya casualty normally covered by an “all risk” type of insurance policy.

Damage by Fire or Other Casualty. If the Premises or Common Areas shall be damaged or destroyed by fire or other casualty, Tenant shall promptly notify Landlord, and Landlord, subject to the conditions set forth in this SectionSection 15, 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 destructiondestruction (including Landlord’s Work), but not including the repair, restoration or replacement of the fixtures, equipment, any FFE or any Alterations installed by or on behalf of Tenant (other than the Tenant Improvements)Tenant. Landlord shall notify Tenant, within 30 thirty (30) days after the date of the casualty, if Landlord anticipates that the restoration will take more than 180 one hundred eighty (180) days from the date of the casualty to complete; in such event, either Landlord or Tenant (unless the damage was intentionally caused by Tenant) may terminate this Lease effective as of the date of casualty by giving notice to the other within 30 ten (10) days after Landlord’s notice. If the notice or, if neither party terminates this Lease as aforementioned, and such restoration actually takes more than 240 days from the date of the casualty to completeis not completed within such two hundred seventy (270) day period, in such event then Tenant (unless the damage was caused by Tenant) may terminate this Lease effective as of the date of casualty by giving upon thirty (30) days’ written notice to Landlord at any time prior to the other within 210 days from the date of the casualtycompletion. If a casualty occurs during the last 12 twelve (12) months of the Term, Landlord either party may terminate this Lease unless Tenant has the right to extend the Term for at least 3 three (3) more years and does so within 30 thirty (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 LeaseLease or if any holder of a Mortgage on the Land or Building does not permit or release insurance proceeds for such repair or restoration. Tenant will receive an a proportionate abatement of Minimum Annual Rent, Rent and Annual Operating Expenses and other Rent to the extent all or a portion of the Premises are is rendered untenantable as a result of the any such casualty.

Damage by Fire or Other Casualty. If 11.1 In the Premises event of damage or Common Areas shall be damaged or destroyed destruction by fire or other casualty, Tenant shall promptly notify Landlord, and Landlord, subject casualty (“Destruction”) to the conditions set forth in this Section, shall repair such damage and restore the Premises or Common Areas the Premises, Landlord shall commence reasonably promptly, and with reasonably due diligence continue, to restore same to substantially the same condition as existed immediately preceding such casualty, except as otherwise provided 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 (other than the Tenant Improvements)this Section 11.1. Landlord shall notify Tenant, within 30 days after have the date right to make changes that do not materially change the Premises or access thereto. Landlord shall not be obligated to expend for such repair or restoration amount in excess of the casualtyinsurance proceeds plus deductibles and self-insured amounts made available to Landlord for such purpose. If, if as a result of any Destruction, (i) more than 50% of the Building shall be damaged or destroyed, or (ii) Landlord anticipates reasonably determines that the entire Building must be shut-down for restoration and that such shut-down will take continue more than 180 days from the date of the casualty to complete; in such event, either Landlord or Tenant (unless the damage was caused by Tenant) may terminate this Lease effective as of the date of casualty by giving notice to the other within 30 days after Landlord’s notice. If the restoration actually takes more than 240 days from the date of the casualty to complete, in such event 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 210 days from the date of the casualty. If a casualty Destruction, or (iii) any material damage or destruction occurs to the Premises during the last 12 twelve (12) months of the then current Term (including any exercised Option Term) or (iv) if full restoration of all damage to the Premises does in fact take more than 210 days to complete (other than as a result of a Tenant Delay), then Landlord may terminate this Lease unless and Tenant has shall each shall have the right right, but not the obligation, to extend the Term for at least 3 more years and does so terminate, notice to be given within 30 thirty (30) days after the date of the Destruction. Upon the fifteenth (15th) day after such termination notice is given, Tenant shall vacate and surrender the Premises to Landlord, without prejudice, however, to Landlord’s rights and remedies against Tenant under the Lease prior to termination and any Rent owing shall be paid. 11.2 Tenant shall give immediate notice to Landlord of fire or other casualty at the Premises. If Landlord repairs or restores the Premises, Tenant, at its own cost and expense, shall promptly repair or replace its trade fixtures, furnishings, equipment, personal Premises and leasehold improvements in a manner and to a condition equal to that existing prior to the occurrence of the damage or casualty. 11.3 If the fire, casualty, repairing or rebuilding of the Premises shall render the Premises untenantable, a proportionate reduction of the Annual Base Rent and all other charges, due thereafter shall be abated from the date of the occurrence of such casualty until the date Landlord completes the repairs to the Premises or, in the event Landlord or Tenant elects to terminate this Lease, until the date of termination. MoreoverSuch reduction shall be computed on the basis of the ratio which the floor area of the Premises rendered untenantable bears to the Rentable Floor Area of Premises. Landlord shall not be liable for any delay in the repair or restoration of the Premises which is not reasonably within its control. 11.4 Landlord and Tenant shall look first to any insurance in its favor, including that which the party is required to carry by this Lease, before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance, or the insurance required by this Lease, if in force, would have paid the claim, Landlord and Tenant each hereby releases and waives all right of recovery against the other or any one claiming through or under each of them by way of subrogation or otherwise. 11.5 Tenant acknowledges that Landlord is not required to carry insurance on Tenant’s personal Premises, fixtures, and improvements, and agrees that Landlord will not be obligated to repair any damage or replace the same. However, subject to reimbursement by Tenant to the extent set forth elsewhere in this Lease, Landlord may terminate this Lease insure, repair, restore and replace the Premises, including the Tenant Improvements, if the loss is not covered by the insurance required to be maintained by Landlord under any, constructed in accordance with Section 2 of this Lease. Tenant will receive an abatement of Minimum Annual Rent, Annual Operating Expenses and other Rent to the extent the Premises are rendered untenantable as a result of the casualty.

Damage by Fire or Other Casualty. If the Premises or Common Areas Building shall be damaged or destroyed by fire or other casualty, Tenant shall promptly notify Landlord, and Landlord, subject to the conditions set forth in this SectionSection 23, shall repair repair, rebuild or replace 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 repairexcluding, restoration or replacement however, any of the fixturesTenant Work, leasehold improvements, equipment, fixtures and other property installed or Alterations installed located in the Premises by Tenant and for any of Tenant’s Alterations, additions or on behalf of Tenant improvements subsequently made (other than the Tenant Improvementscollectively, “Tenant’s Installations”). ; provided, however, that Landlord shall notify 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 30 days after the date of the casualty, if Landlord anticipates that the restoration will take more than 180 two hundred seventy (270) days from the date of damage, or (ii) if less than one (1) year remains in the casualty to complete; in such eventterm from the date of damage, either Landlord or Tenant (unless the damage was caused by Tenant) party may terminate this Lease effective as 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 casualty damage, in the case of (ii). The net amount of any insurance proceeds (excluding proceeds received pursuant to a rental coverage endorsement) recovered by giving reason of the damage or destruction of the Building in excess of the cost of adjusting the insurance claim and collecting the insurance proceeds (such excess amount being hereinafter called the “net insurance proceeds”) shall be applied towards the reasonable cost of restoration. If in Landlord’s reasonable opinion the 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 the other within 30 specify a termination date no less than ten (10) days after Landlord’s noticeits transmission. If the restoration actually takes net insurance proceeds are more than 240 days from adequate, the date amount by which the net insurance proceeds exceed the cost of the casualty restoration will be retained by Landlord or applied to complete, in such event Tenant (unless the damage was caused by Tenant) may terminate this Lease effective as repayment of the date of casualty by giving notice to the other within 210 days from the date of the casualty. 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 any mortgage secured by the insurance required to be maintained by Landlord under this LeaseBuilding. Tenant will receive an abatement of Minimum Annual Rent, Annual Operating Expenses its Base Rent and Additional Rent and other Rent charges or payment made to or for the account of Landlord under this Lease to the extent and during the Premises time the Premises, or a material portion thereof, are rendered untenantable as a result of the unusable for their intended purposes due to casualty.

Damage by Fire or Other Casualty. If 11.1. In the Premises event of damage or Common Areas shall be damaged or destroyed destruction by fire or other casualty, Tenant shall promptly notify Landlord, and Landlord, subject casualty (“Destruction”) to the conditions set forth in this Section, shall repair such damage and restore the Premises or Common Areas the Project, Landlord shall commence reasonably promptly, and with reasonable due diligence continue, to restore same to substantially the same condition as existed immediately preceding such casualty, except as otherwise provided in which they were immediately prior this Section 11. Landlord shall have the right to make changes that do not materially change the Premises or access thereto. Landlord shall not be obligated to expend for such repair or restoration an amount in excess of the insurance proceeds plus deductibles and self-insured amounts made available to Landlord for such purpose. 11.2. If, as a result of any Destruction, (i) more than 50% of the Building shall be damaged or destroyed, or (ii) Landlord reasonably determines that the entire Building must be shut-down for restoration and that such shut-down will continue more than 270 days from the date of the Destruction, or (iii) any material damage or destructiondestruction occurs to the Premises during the last twelve (12) months of the then current Term, then Landlord shall have the right, but not including the repairobligation, restoration or replacement of the fixturesto terminate, equipment, or Alterations installed by or on behalf of Tenant notice to be given within thirty (other than the Tenant Improvements). Landlord shall notify Tenant, within 30 30) days after the date of the Destruction. Upon the fifteenth (15th) day after such termination notice is given, Tenant shall vacate and surrender the Premises to Landlord, without prejudice, however, to Landlord’s rights and remedies against Tenant under the Lease prior to termination and any Rent owing shall be paid. 11.3. Tenant shall give immediate notice to Landlord of fire or other casualty at the Premises. If Landlord repairs or restores the Premises, Tenant at its own cost and expense shall promptly repair or replace its trade fixtures, furnishings, equipment, personal property and leasehold improvements in a manner and to a condition equal to that existing prior to the occurrence of the damage or casualty. 11.4. If the fire, casualty, if Landlord anticipates that repairing or rebuilding of the restoration will take more than 180 days Premises shall render the Premises untenantable, a proportionate reduction of the Annual Base Rent and all other charges, due thereafter shall be abated from the date of the occurrence of such casualty until the date Landlord completes the repairs to complete; the Premises or, in such event, either the event Landlord or Tenant (unless the damage was caused by Tenant) may elects to terminate this Lease effective as of Lease, until the date of casualty by giving notice termination. Such reduction shall be computed on the basis of the ratio which the floor area of the Premises rendered untenantable bears to the other within 30 days after Landlord’s noticeRentable Floor Area of Premises. If Landlord shall not be liable for any delay in the repair or restoration actually takes more than 240 days from the date of the casualty Project which is not reasonably within its control. 11.5. Landlord and Tenant shall look first to completeany insurance in its favor, in such event Tenant (unless including that which the party is required to carry by this Lease, before making any claim against the other party for recovery for loss or damage was caused by Tenant) may terminate this Lease effective as of the date of casualty by giving notice resulting from fire or other casualty, and to the extent that such insurance, or the insurance required by this Lease, if in force, would have paid the claim, Landlord and Tenant each hereby releases and waives all right of recovery against the other within 210 days from or any one claiming through or under each of them by way of subrogation or otherwise. 11.6. Tenant acknowledges that Landlord is not required to carry insurance on Tenant’s personal property, fixtures, and improvements, and agrees that Landlord will not be obligated to repair any damage or replace the date of same. However, subject to reimbursement by Tenant to the casualty. If a casualty occurs during the last 12 months of the Termextent set forth elsewhere in this Lease, Landlord may terminate this Lease unless Tenant has insure, repair, restore and replace 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, Annual Operating Expenses and other Rent to the extent the Premises are rendered untenantable as a result of the casualtyProject.

Damage by Fire or Other Casualty. In the event of loss of, or damage to, the Premises or the Building by fire or other casualty, the rights and obligations of the parties hereto shall be as follows: (a) If the Premises or Common Areas any part thereof shall be damaged or destroyed by fire or other casualty, Tenant shall promptly notify give prompt notice thereof to Landlord, and Landlord, upon receiving such notice, shall proceed promptly and with reasonable diligence, subject to the conditions set forth in this Sectionunavoidable delays and a reasonable time for adjustment of insurance losses, shall repair to repair, or cause to be repaired, such damage and restore in a manner designed to minimize interference with Tenant's occupancy (but with no obligation to employ labor at overtime or other premium pay rates). If the Premises or Common Areas any part thereof shall be rendered untenantable by reason of such damage, whether to substantially the same condition in which they were immediately prior to Premises or the Building, the Base rent and any additional charges due hereunder shall proportionately xxxxx for the period from the date of such damage or destruction, but not including to the repair, restoration or replacement date when such damage has been repaired for the portion of the fixturesPremises rendered untenantable. (b) If as a result of fire or other casualty more than one-half (1/2) of the Building is rendered untenantable, equipment, Landlord within 60 days from the date of such fire or Alterations installed casualty may terminate this Lease by or on behalf of Tenant (other than the Tenant Improvements). Landlord shall notify notice to Tenant, within 30 specifying a date, not less than 20 nor more than 40 days after the giving of such notice, on which the Term shall expire as fully and completely as if such date were the date herein originally fixed for the expiration of the casualty, Term. If the Premises are damaged as a result of fire or other casualty and if Landlord anticipates the damage to the Premises is so extensive that the restoration will take more than such damage cannot be substantially repaired within 180 days from the date of the casualty to complete; in such eventfire or other casualty, either Landlord or Tenant (unless within 30 days from the damage was caused by Tenant) date of such fire or other casualty may terminate this Lease effective by notice to the other, specifying a date, not less than 20 nor more than 40 days after the giving of such notice, on which the Term shall expire as fully and completely as if such date were the date originally fixed for the expiration of the Term. If either Landlord or Tenant terminates this Lease, the Base Rent and all other charges due hereunder shall be apportioned as of the date of casualty by giving notice to the such fire or other within 30 days after Landlord’s notice. If the restoration actually takes more than 240 days from the date of the casualty to complete, in such event 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 210 days from the date of the casualty. If a neither Landlord or Tenant so elects to terminate this Lease, then Landlord shall proceed to repair the damage to the Building and the damage to the Premises, if any shall have occurred, and the Base Rent and any other charges due hereunder shall meanwhile be apportioned and abated all as provided in this subsection (a). (c) If the Premises shall be rendered untenantable to the extent of eighty percent (80%) or more by fire or other casualty occurs during the last 12 six months of the Term, Landlord or Tenant may terminate this Lease unless Tenant has upon notice to the right to extend the Term for at least 3 other party given within 90 days after such fire or other casualty specifying a date, not less than 20 days nor more years and does so within 30 than 40 days after the giving of such notice, on which the Term shall expire as fully and completely as if such date were the date originally fixed for the expiration of the Term. If either Landlord or Tenant terminates this Lease pursuant to this subsection, the Base Rent and any additional charges due hereunder shall be apportioned as of the date of such fire or casualty. (d) Landlord shall not be required to repair or replace any of Tenant's alterations or improvements or any other personal property of Tenant and no damages, compensation or claim shall be payable by Landlord for inconvenience, loss of business by annoyance arising from any repair or restoration of any portion of the casualty. MoreoverPremises or of the Building. (e) Notwithstanding any other provisions of this Lease, Landlord may terminate this Lease if the shall not be liable or responsible for, and Tenant hereby releases Landlord and its Partners, officers, directors, agents and employees from and any person claiming by, through or under Tenant, by way of subrogation or otherwise, for any injury, loss is not or damage to Tenant's property covered by a valid and collectible fire insurance policy with extended coverage endorsement. Tenant shall require its insurer(s) to include in all of Tenant's insurance policies which could give rise to a right of subrogation against Landlord a clause or endorsement whereby the insurer(s) shall waive any rights of subrogation against Landlord, and Tenant shall pay any additional premium required therefor. (f) Notwithstanding any other provision of this Lease, Tenant shall not be liable or responsible for, and Landlord hereby releases Tenant and its partners, officers, directors, agents and employees from, any and all liability or responsibility to Landlord or any person claiming by, through or under Landlord, by way of subrogation or otherwise, for any injury, loss or damage to Landlord's property covered by a valid and collectible fire insurance policy with extended coverage endorsement. Landlord shall require its insurer(s) to include in all of Landlord's insurance policies which could give rise to a right of subrogation against Tenant a clause or endorsement whereby the insurer(s) shall waive any rights of subrogation against Tenant, and Landlord shall pay any additional premium required to be therefor. (g) The proceeds payable under all fire and other hazard insurance policies maintained by Landlord under this Leaseon the building shall belong to and be the property of the Landlord, and Tenant shall not have any interest in such proceeds. Tenant will receive an abatement agrees to look to its own fire and hazard insurance policies in the event of Minimum Annual Rent, Annual Operating Expenses and other Rent damage to the extent the Premises are rendered untenantable as a result of the casualtyTenant's alterations or its personal property.