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

Damage or Destruction by Fire or Casualty. In the event the Premises are damaged by fire, explosion or other casualty, Landlord shall diligently proceed with respect to the proposed restoration promptly after receipt of the insurance proceeds. Landlord shall commence the repair, restoration or rebuilding thereof and shall complete such restoration, repair or rebuilding within twelve (12) months after the receipt of such proceeds, subject to extension due to delay because of changes, deletions, or additions in construction requested by Tenant, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the control of Landlord (“Extension Events”). In the event of any such casualty all insurance proceeds shall be payable to Landlord. In no event shall Landlord be required to repair or replace any alterations or improvements made by Tenant which are not related to the Improvements, Tenant’s Equipment (as hereinafter defined) or any other fixtures, furnishing and personal property of Tenant. Tenant agrees that in the event the amount of the insurance proceeds received by Landlord are less than the amount required to be expended to restore the Premises. Landlord or Tenant, at its election made within thirty (30) days following Landlord’s delivery to Tenant of written notice of the insufficiency of insurance proceeds, may terminate his lease. Landlord’s obligation to repair, restore or rebuild the Premises shall be limited to entering the Premises to substantially the condition in which the same existed prior to the casualty. Rent and all other charges payable by Tenant hereunder shall axxxx on a prorata basis during the period of such repair, restoration or rebuilding such that Tenant shall not be required to pay Rent with respect to the portion of the Premises that are not useable by Tenant during such period. In the event the casualty causes fifty percent (50%) or more of the Premises to be untenantable, as determined by an independent contractor, either Landlord or Tenant may terminate this Lease as of the date of such casualty by providing notice to the other within thirty (30) days after such determination has been made by the independent contractor, in which event, all insurance proceeds shall be paid to Landlord.

Damage or Destruction by Fire or Casualty. In the event the Premises are damaged by fire, explosion or other casualty, Landlord shall diligently proceed with respect to the proposed restoration promptly after receipt of the insurance proceeds. Landlord shall commence the repair, restoration or rebuilding thereof and shall complete such restoration, repair or rebuilding within twelve (12) months after the receipt of such proceeds, subject to extension due to delay because of changes, deletions, or additions in construction requested by Tenant, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the control of Landlord (“Extension Events”). In the event of any such casualty all insurance proceeds shall be payable to Landlord. In no event shall Landlord be required to repair or replace any alterations or improvements made by Tenant which are not related to the Improvements, Tenant’s Equipment (as hereinafter defined) or any other fixtures, furnishing and personal property of Tenant. Tenant agrees that in the event the amount of the insurance proceeds received by Landlord are less than the amount required to be expended to restore the Premises. , Landlord or Tenant, at its election made within thirty (30) days following Landlord’s delivery to Tenant of written notice of the insufficiency of insurance proceeds, may terminate his leasethis Lease. Landlord’s obligation to repair, restore or rebuild the Premises shall be limited to entering restoring the Premises to substantially the condition in which the same existed prior to the casualty. Rent and all other charges payable by Tenant hereunder shall axxxx xxxxx on a prorata basis during the period of such repair, restoration or rebuilding such that Tenant shall not be required to pay Rent with respect to the portion of the Premises that are not useable by Tenant during such period. In the event the casualty causes fifty percent (50%) or more of the Premises to be untenantable, as determined by an independent contractor, either Landlord or Tenant may terminate this Lease as of the date of such casualty by providing notice to the other within thirty (30) days after such determination has been made by the independent contractor, in which event, all insurance proceeds shall be paid to Landlord.

Damage or Destruction by Fire or Casualty. In the event the Premises are damaged by fire, explosion or other casualty, Landlord shall diligently proceed with respect to the proposed restoration promptly after receipt of the insurance proceeds. Landlord shall commence the repair, restoration or rebuilding thereof and shall complete such restoration, repair or rebuilding within twelve (12) months after the receipt of such proceeds, subject to extension due to delay because of changes, deletions, or additions in construction requested by Tenant, acts of Tenant, strikes, lockouts, casualties, acts of God, . war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the control of Landlord (“Extension Events”). In the event of any such casualty all insurance proceeds shall be payable to Landlord. In no event shall Landlord be required to repair or replace any alterations or improvements made by Tenant which are not related to the Improvements, Tenant’s Equipment (as hereinafter defined) or any other fixtures, furnishing and personal property of Tenant. Tenant agrees that in the event the amount of the insurance proceeds received by Landlord are less than the amount required to be expended to restore the Premises. , Landlord or Tenant, at its election made within thirty (30) days following Landlord’s delivery to Tenant of written notice of the insufficiency of insurance proceeds, may terminate his leasethis Lease. Landlord’s obligation to repair, restore or rebuild the Premises shall be limited to entering restoring the Premises to substantially the condition in which the same existed prior to the casualty. Rent and all other charges payable by Tenant hereunder shall axxxx xxxxx on a prorata pro rata basis during the period of such repair, restoration or rebuilding such that Tenant shall not be required to pay Rent with respect to the portion of the Premises that are not useable by Tenant during such period. In the event the casualty causes fifty percent (50%) or more of the Premises to be untenantable, as determined by an independent contractor, either Landlord or Tenant may terminate this Lease as of the date of such casualty by providing notice to the other within thirty (30) days after such determination has been made by the independent contractor, in which event, all insurance proceeds shall be paid to Landlord.

Damage or Destruction by Fire or Casualty. In the event (A) If the Premises are or any part of the Building shall be damaged by fire, explosion fire or other casualty, Landlord shall diligently proceed with respect to the proposed restoration promptly after receipt of the insurance proceeds. Landlord shall commence the repair, restoration casualty and if such damage does not render all or rebuilding thereof and shall complete such restoration, repair or rebuilding within twelve (12) months after the receipt of such proceeds, subject to extension due to delay because of changes, deletions, or additions in construction requested by Tenant, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the control of Landlord (“Extension Events”). In the event of any such casualty all insurance proceeds shall be payable to Landlord. In no event shall Landlord be required to repair or replace any alterations or improvements made by Tenant which are not related to the Improvements, Tenant’s Equipment (as hereinafter defined) or any other fixtures, furnishing and personal property of Tenant. Tenant agrees that in the event the amount of the insurance proceeds received by Landlord are less than the amount required to be expended to restore the Premises. Landlord or Tenant, at its election made within thirty (30) days following Landlord’s delivery to Tenant of written notice of the insufficiency of insurance proceeds, may terminate his lease. Landlord’s obligation to repair, restore or rebuild the Premises shall be limited to entering the Premises to substantially the condition in which the same existed prior to the casualty. Rent and all other charges payable by Tenant hereunder shall axxxx on a prorata basis during the period of such repair, restoration or rebuilding such that Tenant shall not be required to pay Rent with respect to the substantial portion of the Premises that are not useable or the Building untenantable, then, except as expressly hereinafter set forth, Landlord shall proceed to repair and restore the same to its prior existing condition with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by Tenant during matters beyond Landlord’s control. If any such period. In the event the casualty causes fifty percent (50%) damage renders all or more a substantial portion of the Premises to be or the Building untenantable, as determined by an independent contractor, either Landlord or Tenant may shall have the right to terminate this Lease as of the date of such casualty by providing notice delivered to the other within thirty (30) days after such determination has been made casualty. If neither party elects to terminate this Lease, Landlord shall proceed with reasonable promptness and all due diligence to repair and restore the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant so long as Landlord shall proceed with reasonable promptness and due diligence to complete the same. In addition to the foregoing, either Landlord or Tenant shall have the right to terminate this Lease if a material casualty damages the Premises during the last three (3) months of the Term, by delivering notice thereof to the other within ten (10) days after such casualty. Notwithstanding anything to the contrary herein set forth, Tenant shall not have the right to terminate this Lease pursuant to this Article 11 if the damage or destruction was caused by the independent contractorintentional or negligent act of Tenant, in which eventits subtenants, all insurance proceeds shall be paid to Landlordassigns, agents or employees.

Damage or Destruction by Fire or Casualty. In the event the Premises are damaged by fire, explosion or other casualty, Landlord shall diligently proceed with respect to the proposed restoration promptly after receipt of the insurance proceeds. Landlord shall commence the repair, restoration or rebuilding thereof and shall complete such restoration, repair or rebuilding within twelve (12) months after the receipt of such proceeds, subject to extension due to delay because of changes, deletions, or additions in construction requested by Tenant, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the control of Landlord (“"Extension Events”"). In the event of any such casualty all insurance proceeds shall be payable to Landlord. In no event shall Landlord be required to repair or replace any alterations or improvements made by Tenant which are not related to the Improvements, Tenant’s 's Equipment (as hereinafter defined) or any other fixtures, furnishing and personal property of Tenant. Tenant agrees that Tenant shall deposit with Landlord prior to the commencement of such restoration any sums in the event the amount of the insurance proceeds received deductible amounts carried by Landlord are less than the amount required to be expended to restore the Premises. Landlord or Tenant, at under its election made within thirty (30) days following Landlord’s delivery to Tenant of written notice of the insufficiency of insurance proceeds, may terminate his leasepolicies. Landlord’s 's obligation to repair, restore or rebuild the Premises shall be limited to entering restoring the Premises to substantially the condition in which the same existed prior to the casualty. Rent and all other charges payable by Tenant hereunder shall axxxx on a prorata basis during abatx xxxing the period of such repair, restoration or rebuilding such that Tenant shall not be required to pay Rent with respect to the portion of extent that the Premises that Improvements are not useable by Tenant during such periodtenantable because of any damage or destruction. In the event the casualty causes fifty percent (50%) or more of the Premises to be untenantable, as determined by an independent contractoruntenantable during the last twelve (12) months of the Term, either Landlord or Tenant party may terminate this Lease as of the date of such casualty by providing notice to the other within thirty (30) days after such determination has been made by occurrence of the independent contractorfire or other casualty causing the damage, in which event, all insurance proceeds shall be paid to Landlordthe Landlord and in addition Tenant shall pay to Landlord the amount of any deductible carried by Tenant under its insurance policies. Notwithstanding anything contained herein to the contrary, if Landlord fails to complete such repair, restoration or rebuilding within such twelve-month time period (subject to Extension Events), Tenant may, at its option, terminate this Lease upon written notice to Landlord given within ten (10) days after the expiration of such twelve-month time period (subject to Extension Events).

Damage or Destruction by Fire or Casualty. In the event (A) If the Premises are or any part of the Building shall be damaged by fire, explosion fire or other casualty, Landlord shall diligently proceed with respect to the proposed restoration promptly after receipt of the insurance proceeds. Landlord shall commence the repair, restoration casualty and if such damage does not render all or rebuilding thereof and shall complete such restoration, repair or rebuilding within twelve (12) months after the receipt of such proceeds, subject to extension due to delay because of changes, deletions, or additions in construction requested by Tenant, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the control of Landlord (“Extension Events”). In the event of any such casualty all insurance proceeds shall be payable to Landlord. In no event shall Landlord be required to repair or replace any alterations or improvements made by Tenant which are not related to the Improvements, Tenant’s Equipment (as hereinafter defined) or any other fixtures, furnishing and personal property of Tenant. Tenant agrees that in the event the amount of the insurance proceeds received by Landlord are less than the amount required to be expended to restore the Premises. Landlord or Tenant, at its election made within thirty (30) days following Landlord’s delivery to Tenant of written notice of the insufficiency of insurance proceeds, may terminate his lease. Landlord’s obligation to repair, restore or rebuild the Premises shall be limited to entering the Premises to substantially the condition in which the same existed prior to the casualty. Rent and all other charges payable by Tenant hereunder shall axxxx on a prorata basis during the period of such repair, restoration or rebuilding such that Tenant shall not be required to pay Rent with respect to the substantial portion of the Premises that are not useable or the Building untenantable, then, except as expressly hereinafter set forth, Landlord shall proceed to repair and restore the same to its prior existing condition with reasonable promptness, subject to reasonable delays for insurance adjustments and delays caused by Tenant during matters beyond Landlord’s control. If any such period. In the event the casualty causes fifty percent (50%) damage renders all or more a substantial portion of the Premises to be or the Building untenantable, as determined Landlord shall, with reasonable promptness after the occurrence of such damage and in good faith, estimate the length of time that will be required to substantially complete the repair and restoration of such damage and shall by an independent contractornotice advise Tenant of such estimate. If it is so estimated that the amount of time required to substantially complete such repair and restoration will exceed one hundred eighty (180) days from the date such damage occurred, either Landlord or then Tenant may shall have the right to terminate this Lease as of the date of such casualty by providing damage upon giving notice to Landlord at any time within twenty (20) days after Landlord gives Tenant the other notice containing said estimate. Unless this Lease is terminated as provided in the preceding sentence, except as expressly hereinafter set forth, Landlord shall proceed with reasonable promptness and all due diligence to repair and restore the Premises, subject to reasonable delays for insurance adjustments and delays caused by matters beyond Landlord’s control, and also subject to zoning laws and building codes then in effect. Landlord shall have no liability to Tenant, and Tenant shall not be entitled to terminate this Lease (except as herein provided) if such repairs and restoration are not in fact completed within thirty the time period estimated by Landlord, as aforesaid, or within said one hundred eighty (30180) days, so long as Landlord shall proceed with reasonable promptness and due diligence to complete the same. In addition to the foregoing, Landlord shall have the right to terminate this Lease if a material casualty damages the Premises during the last twelve (12) months of the Term, as it may have been extended, by delivering notice thereof to Tenant within ten (10) days after such determination has been made casualty, provided, however, in any such event, Tenant shall have the right, in addition to the rights of Tenant under Section 38 below, to elect to extend the Term, or any extension thereof, for the next available Initial Extension Term or the Final Extension Term by the independent contractordelivering written notice of such election to Landlord within twenty (20) days after receipt of Landlord’s notice of termination as described in this sentence, in which eventevent said notice shall be of no force and effect and Landlord shall restore the Premises as set forth herein. Notwithstanding anything to the contrary herein set forth, Tenant shall also have the right to complete the restoration of the Premises or to terminate this Lease in the event the Premises are not substantially restored within two hundred ten (210) days after the date of casualty, except that Tenant shall not have the right to terminate this Lease pursuant to this Article 11 if the damage or destruction was caused by the intentional or negligent act of Tenant, its subtenants, assigns, agents or employees. In the event Tenant elects to complete the restoration of the Premises as set forth above, Landlord agrees to make available to Tenant all insurance proceeds shall be paid to Landlordpayable in connection therewith.

Damage or Destruction by Fire or Casualty. In the event the Premises are damaged by fire, explosion or other casualty, Landlord shall diligently proceed with respect to the proposed restoration promptly after receipt of the insurance proceeds. Landlord shall commence the repair, restoration or rebuilding thereof and shall complete such restoration, repair or rebuilding within twelve six (126) months after the receipt of such proceeds, subject to extension due to delay because of changes, deletions, or additions in construction requested by Tenant, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the control of Landlord (“"Extension Events”"). In the event of any such casualty all insurance proceeds shall be payable to Landlord. In no event shall Landlord be required to repair or replace any alterations or improvements made by Tenant which are not related to the ImprovementsBuilding, Tenant’s 's Equipment (as hereinafter defined) or any other fixtures, furnishing and personal property of Tenant. Tenant agrees that Tenant shall deposit with Landlord prior to the commencement of such restoration any sums in the event the amount of the insurance proceeds received deductible amounts carried by Landlord are less than the amount required to be expended to restore the Premises. Landlord or Tenant, at under its election made within thirty (30) days following Landlord’s delivery to Tenant of written notice of the insufficiency of insurance proceeds, may terminate his leasepolicies. Landlord’s 's obligation to repair, restore or rebuild the Premises shall be limited to entering restoring the Premises to substantially the condition in which the same existed prior to the casualty. Rent and all other charges payable by Tenant hereunder shall axxxx on a prorata basis during abatx xxxing the period of such repair, restoration or rebuilding such that Tenant shall not be required to pay Rent with respect to the portion of extent that the Premises that Improvements are not useable by Tenant during such periodtenantable because of any damage or destruction. In the event the casualty causes fifty percent (50%) or more of the Premises to be untenantable, as determined by an independent contractor, either untenantable during the last twenty-four (24) months of the Term and provided Tenant and Landlord have not agreed to extend the Term on terms acceptable to both parties or Tenant has not exercised its option to renew within fifteen (15) days after the date of such casualty. Landlord or Tenant may terminate this Lease as of the date of such casualty by providing notice to the other Tenant within thirty (30) days after such determination has been made by occurrence of the independent contractorfire or other casualty causing the damage, in which event, all insurance proceeds shall be paid to Landlordthe Landlord and in addition Tenant shall pay to Landlord the amount of any deductible carried by Tenant under its insurance policies.

Damage or Destruction by Fire or Casualty. In the event the Premises are damaged by fire, explosion or other casualty, Landlord shall diligently proceed with respect to the proposed restoration promptly after receipt of the insurance proceeds. Landlord shall commence the repair, restoration or rebuilding thereof and shall complete such restoration, repair or rebuilding within twelve (12) months after the receipt of such proceeds, subject to extension due to delay because of changes, deletions, or additions in construction requested by Tenant, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the control of Landlord (“Extension Events”). In the event of any such casualty all insurance proceeds shall be payable to Landlord. In no event shall Landlord be required to repair or replace any alterations or improvements made by Tenant which are not related to the Improvements, Tenant’s Equipment (as hereinafter defined) or any other fixtures, furnishing and personal property of Tenant. Tenant agrees that in the event the amount of the insurance proceeds received by Landlord are less than the amount required to be expended to restore the Premises. Landlord or Tenant, at its election made within thirty (30) days following Landlord’s delivery to Tenant of written notice of the insufficiency of insurance proceeds, may terminate his lease. Landlord’s obligation to repair, restore or rebuild the Premises shall be limited to entering the Premises to substantially the condition in which the same existed prior to the casualty. Rent and all other charges payable by Tenant hereunder shall axxxx xxxxx on a prorata basis during the period of such repair, restoration or rebuilding such that Tenant shall not be required to pay Rent with respect to the portion of the Premises that are not useable by Tenant during such period. In the event the casualty causes fifty percent (50%) or more of the Premises to be untenantable, as determined by an independent contractor, either Landlord or Tenant may terminate this Lease as of the date of such casualty by providing notice to the other within thirty (30) days after such determination has been made by the independent contractor, in which event, all insurance proceeds shall be paid to Landlord.

Damage or Destruction by Fire or Casualty. In the event If the Premises are or the Building (including machinery and equipment used in its operation) shall be destroyed or damaged by fire, explosion 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 from completing the repairs for causes beyond its reasonable control) after such damage, then Landlord shall diligently proceed have the option to: (a) repair and restore the same with respect to reasonable promptness, or (b) demolish the proposed restoration promptly after receipt Building or cease its operation, in which event this Lease shall automatically be canceled and terminated as of the insurance proceeds. Landlord shall commence the repair, restoration or rebuilding thereof and shall complete such restoration, repair or rebuilding within twelve (12) months after the receipt date of such proceeds, subject to extension due to delay because of changes, deletions, or additions in construction requested by Tenant, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the control of Landlord (“Extension Events”)damage. In the event of any such casualty all insurance proceeds shall be payable to Landlord. In no event shall Landlord be required to repair damage not caused by the act or replace any alterations or improvements made by Tenant which are not related to the Improvements, Tenant’s Equipment (as hereinafter defined) or any other fixtures, furnishing and personal property neglect of Tenant. Tenant agrees that in the event the amount of the insurance proceeds received by Landlord are less than the amount required to be expended to restore the Premises. Landlord , its agents, contractors, servants, employees, guests, licensees, or Tenant, at its election made within thirty (30) days following Landlord’s delivery to Tenant of written notice of the insufficiency of insurance proceeds, may terminate his lease. Landlord’s obligation to repair, restore or rebuild invitees renders the Premises untenantable, in whole or in part, and if this Lease shall not be limited to entering the Premises to substantially the condition in which the same existed prior to the casualty. Rent canceled and all other charges payable terminated by Tenant hereunder reason of such damage, then rent shall axxxx on a prorata basis abate during the period beginning xxxx the date of such repairfire or other casualty and ending with the date when Landlord's work in the Premises is completed, restoration or rebuilding such that Tenant shall not abatement to be required to pay Rent with respect in an amount bearing the same ratio to the total amount of rent for such period as the untenantable portion of the Premises that are bears to the entire Premises. Landlord's work shall not useable by Tenant during include the repair, 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 period. In the event the casualty causes fifty percent (50%) or more of damage renders the Premises to untenantable in whole or in part, and if, in Landlord's judgment, such damage cannot reasonably be untenantable, as determined by an independent contractorrepaired and restored within one hundred twenty (120) days (plus such additional time during which Landlord may be prevented from completing the repairs 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 casualty damage, provided, however, that Tenant may not elect to terminate this Lease if such damage was caused by providing 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 Article 11 must be exercised by written notice to the other party served within thirty one hundred fifty (30150) days after such determination has been made by the independent contractor, in which event, all insurance proceeds damage shall be paid to Landlordhave occurred.

Damage or Destruction by Fire or Casualty. In the event the Premises are damaged by fire, explosion or other casualty, Landlord shall diligently proceed with respect to the proposed restoration promptly after receipt of the insurance proceeds. Landlord shall commence the repair, restoration or rebuilding thereof and shall complete such restoration, repair or rebuilding within twelve nine (129) months after the receipt of such proceeds, subject to extension due to delay because of changes, deletions, or additions in construction requested by Tenant, acts of Tenant, strikes, lockouts, casualties, acts of God, war, fuel or energy shortages, material or labor shortages, governmental regulation or control, severe weather conditions or other causes beyond the control of Landlord (“"Extension Events”"). In the event of any such casualty all insurance proceeds shall be payable to Landlord. In no event shall Landlord be required to repair or replace any alterations or improvements made by Tenant which are not related to the Improvements, Tenant’s 's Equipment (as hereinafter defined) or any other fixtures, furnishing and personal property of Tenant. Tenant agrees that Tenant shall deposit with Landlord prior to the commencement of such restoration any sums in the event the amount of the insurance proceeds received deductible amounts carried by Landlord are less than under its insurance policies (currently, the amount required of such deductible is $5,000.00, but it is subject to be expended to restore change during the Premises. Landlord or Tenant, at its election made within thirty (30) days following Landlord’s delivery to Tenant of written notice Term provided the amount of the insufficiency of insurance proceeds, may terminate his leasedeductible that Tenant is obligated to pay to Landlord shall not exceed $10,000.00 during the Term). Landlord’s 's obligation to repair, restore or rebuild the Premises shall be limited to entering restoring the Premises to substantially the condition in which the same existed prior to the casualty. Rent and all other charges payable by Tenant hereunder shall axxxx on a prorata basis xxxxx during the period of such repair, restoration or rebuilding such that Tenant shall not be required to pay Rent with respect to the portion of extent that the Premises that Improvements are not useable by Tenant during such periodtenantable because of any damage or destruction. In the event the casualty causes fifty percent (50%) or more of the Premises to be untenantableuntenantable during the last twenty-four (24) months of the Term, as determined by an independent contractor, either Landlord or Tenant may terminate this Lease as of the date of such casualty by providing notice to the other Tenant within thirty (30) days after such determination has been made by occurrence of the independent contractorfire or other casualty causing the damage, in which event, all insurance proceeds shall be paid to Landlordthe Landlord and in addition Tenant shall pay to Landlord the amount of any deductible carried by Tenant under its insurance policies.