Common use of DAMAGE OR DESTRUCTION OF LEASED PREMISES Clause in Contracts

DAMAGE OR DESTRUCTION OF LEASED PREMISES. Tenant shall give prompt written notice to Landlord of any damage caused to the Leased Premises by fire or other casualty. In the event that the Leased Premises shall be damaged or destroyed by fire or other casualty and Landlord or Tenant does not elect to terminate this Lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at its sole cost and expense (provided that Landlord shall receive and be entitled to use the proceeds of the fire and extended coverage insurance carried by Landlord or Tenant, as applicable, to complete such repairs) to rebuild and repair damage to the roof, foundation, structural components, exterior walls, exterior doors and windows (excluding glass), walks, parking areas, driveways, and other exterior areas (including paving), exterior plumbing lines (including water lines and gas lines) of the Leased Premises within a period of one hundred eighty (180) days after the occurrence of the casualty and the Base Rent and other charges provided for herein shall be abated during such period of rebuilding and restoration to the extent, and only to the extent that the Leased Premises cannot be used for the purposes described in Section 1.1(n) as a result thereof. Notwithstanding the foregoing, Tenant shall be responsible for repairing damage caused by fire or other casualty to those items set forth in Section 10.2 below. In the event (a) such Building shall be destroyed or rendered untenantable to an extent in excess of fifty percent (50%) of the floor area by a casualty covered by Landlord's insurance and the Leased Premises cannot be restored within one hundred eighty (180) days thereafter; or (b) the holder of a mortgage, deed of trust or other lien on the Leased Premises at the time of the casualty elects pursuant to such mortgage, deed of trust or other lien to require the use of all or part of Landlord's insurance proceeds in satisfaction of all or part of the indebtedness secured by the mortgage, deed of trust or other lien; or (c) the damage has occurred in the last twelve (12) months of the Lease Term, then Landlord or Tenant may elect to either terminate this Lease or Landlord may proceed to rebuild and repair the Leased Premises. Either party shall give written notice to the other of such election within thirty (30) days after the occurrence of such casualty and if it elects to rebuild and repair shall proceed to do so with reasonable diligence within a period of one hundred eighty (180) days after such casualty and at its sole cost and expense.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. Tenant shall give prompt written notice to Landlord of any damage caused to 12.1 If the Leased Premises are damaged by fire or any other casualty. In cause which renders the event that Premises completely untenantable, in Tenant’s reasonable determination, then Tenant by a notice in writing sent no later than thirty (30) days after such damage may terminate this Lease as of the Leased Premises date of such damage, and any Base Rent or other amounts for the unexpired period paid in advance beyond the date of such damage, shall be damaged or destroyed refunded by fire or other casualty Landlord to Tenant and Landlord or the original Letter of Credit shall be returned promptly to Tenant. 12.2 If Tenant does not elect to terminate this Lease as hereinafter providedprovided in Section 12.1 or if the Premises are not rendered completely untenantable, Landlord shall proceed with reasonable diligence diligently commence restoration and at restore the Premises to a condition equal to its sole cost and expense (condition before the damage; provided that Landlord’s obligation to repair and restore the Premises is contingent upon its receipt of insurance proceeds sufficient to make such repairs. In the event any mortgagee or lender requires any insurance proceeds to be applied to any debt, Landlord shall receive and not be entitled deemed to use have received the proceeds of proceeds, in which event Tenant may terminate this Lease unless Landlord agrees to fund the fire and extended coverage insurance carried by repairs. If Landlord or Tenant, as applicable, to complete completes such repairs) to rebuild , then Tenant shall promptly repair or replace its trade fixtures, furnishings, furniture, carpeting, wall covering, floor covering, drapes and repair damage equipment to the roof, foundation, structural components, exterior walls, exterior doors and windows (excluding glass), walks, parking areas, driveways, and other exterior areas (including paving), exterior plumbing lines (including water lines and gas lines) of same condition as they were in immediately prior to the Leased Premises within a period of one hundred eighty (180) days after the occurrence of the casualty and the casualty. The Base Rent and other charges provided for herein shall be abated during such period of rebuilding and restoration to the extentamounts owed hereunder, and only according to the extent that such damage and its repair shall interfere with the Leased Premises cannot be used for full enjoyment and use of the purposes described in Section 1.1(n) as a result thereof. Notwithstanding the foregoingPremises, Tenant shall be responsible for repairing suspended and abated from the date of such damage caused by fire or other casualty to those items set forth in Section 10.2 belowuntil Landlord’s repairs have been completed. In the event that the Premises have not been restored to a condition equal to their condition before the damage within ninety (a90) such Building shall be destroyed or rendered untenantable to an extent in excess of fifty percent (50%) days after Landlord’s receipt of the floor area proceeds, then Tenant may, by a casualty covered by Landlord's insurance and the Leased Premises cannot be restored within one hundred eighty (180) days thereafter; or (b) the holder notice in writing sent prior to completion of a mortgagerestoration, deed of trust or other lien on the Leased Premises at the time of the casualty elects pursuant to such mortgage, deed of trust or other lien to require the use of all or part of Landlord's insurance proceeds in satisfaction of all or part of the indebtedness secured by the mortgage, deed of trust or other lien; or (c) the damage has occurred in the last twelve (12) months of the Lease Term, then Landlord or Tenant may elect to either terminate this Lease or Landlord may proceed to rebuild and repair as of the Leased Premises. Either party shall give written notice to the other date of such election within thirty (30) days after termination, and any Base Rent or other amounts for the occurrence unexpired period paid in advance beyond the date of such casualty damage, shall be refunded by Landlord to Tenant and if it elects the original Letter of Credit shall be returned promptly to rebuild and repair shall proceed to do so with reasonable diligence within a period of one hundred eighty (180) days after such casualty and at its sole cost and expenseTenant.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. Tenant Section 1. If, during the Term, twenty-five percent (25%) or less of the insurable value of the buildings and improvements, now existing or hereafter erected by the Lessor upon the Leased Premises, shall give prompt written notice be destroyed by fire, explosion, the elements, an act of God or any other casualty (each, a “Casualty Event”), Lessor shall promptly rebuild and restore the same as nearly as possible to Landlord the condition existing prior to the damage. Rent payments shall be reduced proportionately from the date of any damage caused to such loss until the Leased Premises by fire are restored to the condition which existed prior to the damage. Section 2. If, during the Term, more than twenty-five percent (25%) of the insurable value of the building or other casualty. In the event that improvements upon the Leased Premises shall be damaged or destroyed by fire a Casualty Event, Lessor or other casualty and Landlord or Tenant does not elect Lessee shall have the option to terminate this Lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at its sole cost and expense (provided that Landlord shall receive and be entitled to use the proceeds of the fire and extended coverage insurance carried by Landlord or Tenant, as applicable, to complete such repairs) to rebuild and repair damage to the roof, foundation, structural components, exterior walls, exterior doors and windows (excluding glass), walks, parking areas, driveways, and other exterior areas (including paving), exterior plumbing lines (including water lines and gas lines) of the Leased Premises within a period of one hundred eighty (180) days after the occurrence of the casualty and the Base Rent and other charges provided for herein shall be abated during such period of rebuilding and restoration to the extent, and only to the extent that the Leased Premises cannot be used for the purposes described in Section 1.1(n) as a result thereof. Notwithstanding the foregoing, Tenant shall be responsible for repairing damage caused by fire or other casualty to those items set forth in Section 10.2 below. In the event (a) such Building shall be destroyed or rendered untenantable to an extent in excess of fifty percent (50%) of the floor area by a casualty covered by Landlord's insurance and the Leased Premises cannot be restored within one hundred eighty (180) days thereafter; or (b) the holder of a mortgage, deed of trust or other lien on the Leased Premises at the time of the casualty elects pursuant to such mortgage, deed of trust or other lien to require the use of all or part of Landlord's insurance proceeds in satisfaction of all or part of the indebtedness secured by the mortgage, deed of trust or other lien; or (c) the damage has occurred in the last twelve (12) months of the Lease Term, then Landlord or Tenant may elect to either terminate this Lease or Landlord may proceed to rebuild and repair the Leased Premises. Either party shall give upon providing written notice to the other of such election party within thirty (30) days after following such Casualty Event. In the occurrence of such casualty and if it event either party elects to terminate this Lease in accordance with the foregoing, then the Lease shall terminate on or before the date which is thirty (30) days following such termination notice and Rent shall be accounted for as between Lessor and Lessee as of that date. In the event neither party elects to terminate the Lease within such period, Lessor shall promptly provide Lessee with a calendar date (the “Restoration Date”) prior to which Lessor reasonably expects to complete restoration of the Leased Premises to the condition existing prior to the date of the Casualty Event. Lessor shall thereafter promptly commence to restore or rebuild the building or improvements and repair shall proceed to do so diligently pursue the same, with reasonable diligence within a Rent abated from the date of destruction and throughout the period of one hundred eighty repair and reconstruction during which Lessee is deprived of the use of the Leased Premises; provided however, that if Lessor fails to complete the restoration of the Leased Premises to the condition existing prior to the date of the Casualty Event within sixty (18060) days after following the Restoration Date, Lessee may terminate the Lease, such casualty and at termination effective immediately, by providing written notice to Lessor. In no event shall Lessor be obligated to expend funds in excess of available insurance proceeds in order to restore the Leased Premises. Section 3. If, during the Term, a Casualty Event shall occur, irrespective of the insurable value of the building or improvements upon the Leased Premises which are thereby affected, but which results in Lessee’s inability to effectively conduct its sole cost and expenseoperations in the Leased Premises, to be determined by Lessee within its reasonable discretion, Lessee shall have the option to terminate the Lease upon providing written notice to the other party within thirty (30) days following such Casualty Event.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. Tenant Section 1. If, during the Term, twenty-five percent (25%) or less of the insurable value of the buildings and improvements, now or hereafter existing upon the Leased Premises, shall give prompt written notice be destroyed by fire, explosion, the elements, an act of God or any other insured casualty, Landlord shall promptly rebuild and restore the same as nearly as possible to Landlord the condition existing prior to the damage. Rent payments shall be reduced proportionately from the date of any damage caused to such loss until the Leased Premises by fire are restored to the condition which existed prior to the damage. Section 2. If, during the Term, more than twenty-five percent (25%) of the insurable value of the building or other casualty. In the event that improvements upon the Leased Premises shall be damaged or destroyed by fire fire, explosion, the elements, an act of God or any other casualty or any uninsured casualty or event, this Lease shall nevertheless continue in full force and Landlord effect for a period of thirty (30) days from the date of such damage or destruction or until sooner terminated by the Tenant, subject to abatement of Rent for the period following such destruction. During such thirty (30) day period, Tenant shall have the option of terminating the Lease. In the event Tenant does not elect to terminate this the Lease as hereinafter providedwithin such period, Landlord shall proceed promptly commence to restore or rebuild the building or improvements and complete the same within one hundred and twenty (120) days from the date of destruction, with reasonable diligence Rent abated from the date of destruction and at its sole cost throughout the period of repair and expense (provided that reconstruction during which Tenant is deprived of the use of the Leased Premises. Section 3. If the Landlord shall receive and be entitled to use the proceeds of the fire and extended coverage insurance carried by Landlord or Tenant, as applicable, to complete such repairs) fail to rebuild and repair damage to restore the roof, foundation, structural components, exterior walls, exterior doors said building and windows (excluding glass), walks, parking areas, driveways, and other exterior areas (including paving), exterior plumbing lines (including water lines and gas lines) of the Leased Premises improvements within a period of such one hundred and eighty (180) days after day period as above provided, the occurrence of the casualty and the Base Rent and other charges provided for herein shall be abated during such period of rebuilding and restoration to the extent, and only to the extent that the Leased Premises cannot be used for the purposes described in Section 1.1(n) as a result thereof. Notwithstanding the foregoing, Tenant shall be responsible for repairing damage caused by fire or other casualty have the right to those items set forth in Section 10.2 below. In cancel this Lease at the event (a) expiration of such Building shall be destroyed or rendered untenantable to an extent in excess of fifty percent (50%) of the floor area by a casualty covered by Landlord's insurance and the Leased Premises cannot be restored within one hundred and eighty (180) days thereafter; or (b) day period. Section 4. Landlord shall also have the holder of a mortgage, deed of trust or other lien on right to terminate this Lease if any damage to the Leased Premises at the time of the casualty elects pursuant to such mortgage, deed of trust or other lien to require the use of all or part of Landlord's insurance proceeds in satisfaction of all or part of the indebtedness secured by the mortgage, deed of trust or other lien; or (c) the damage has occurred in Building occurs during the last twelve (12) months of the Lease Term and Landlord’s contractor estimates in writing delivered to the parties that the repair, reconstruction or restoration of such damage cannot be completed within the earlier of (a) the scheduled expiration date of the Term, then Landlord or Tenant may elect to either terminate this Lease or Landlord may proceed to rebuild and repair the Leased Premises. Either party shall give written notice to the other of such election within thirty (30b) sixty (60) days after the occurrence date of such casualty and if it elects to rebuild and repair shall proceed to do so with reasonable diligence within a period of one hundred eighty (180) days after such casualty and at its sole cost and expensecasualty.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. Tenant shall give prompt written notice to Landlord of any damage caused to Should the Leased Premises demised building or buildings become destroyed or damaged by fire or other casualty. In insured loss or by calamity such as earthquake, flood, or similar or dissimilar violent actions of the event that elements, or by act of God, war, threats of war, bombing, insurrection, invasion, falling objects from without the Leased Premises premises, explosions occurring off the premises without the fault of Lessee or Sublessee and not resulting from the activities of Lessee or Sublessee, or other calamities of such nature, then: (a) If the damage be so slight as not to interfere substantially with the use of said building or buildings by Lessee, Lessor shall repair the same to substantially the same condition as it was in immediately preceding the damage with due diligence, and there shall be damaged or destroyed by fire or other casualty and Landlord or Tenant no abatement of rent. If Lessor does not elect commence said repairs within thirty (30) days from the date of notification of such damage or after such commencement fails to terminate proceed with due diligence to complete said repairs Lessee may obtain an appropriate reduction in rental for damaged space in accordance with Paragraph 41 hereof, from said date of such damage until such repairs have been completed. (b) If damage is substantial but renders the premises untenantable only in part and Lessee may nevertheless continue its operation therein, Lessor shall repair the same to substantially the same condition it was immediately preceding the damage if such work can be completed within ninety (90) days from the date of notification of such fire, loss or calamity, and there shall be an abatement of rent for damaged space, as provided in Paragraph 41 hereof, from said date of such damage until such repairs have been completed. If Lessor does not commence said repairs within thirty (30) days from the date of notification of such damage or after such commencement fails to proceed with due diligence to complete said repairs Lessee may cancel this Lease on ten (10) days written notice of intention to do so if said repairs are not commenced or proceeding as hereinafter providedherein provided within said ten (10) days. (c) If the building or buildings are totally destroyed, Landlord shall proceed with reasonable diligence Lessor may rebuild the building or buildings to substantially the condition in which it or they were immediately preceding the destruction if the work can be commenced within thirty (30) calendar days of notification of damage and at its sole cost and expense completed within one-hundred-twenty (provided that Landlord shall receive and be entitled to use the proceeds of the fire and extended coverage insurance carried by Landlord or Tenant, as applicable, to complete such repairs) to rebuild and repair damage to the roof, foundation, structural components, exterior walls, exterior doors and windows (excluding glass), walks, parking areas, driveways, and other exterior areas (including paving), exterior plumbing lines (including water lines and gas lines) of the Leased Premises within a period of one hundred eighty (180120) days after the occurrence of the casualty and the Base Rent and other charges provided for herein shall be abated during such period of rebuilding and restoration to the extent, and only to the extent that the Leased Premises cannot be used for the purposes described in Section 1.1(n) as a result thereofcommencement. Notwithstanding the foregoing, Tenant shall be responsible for repairing damage caused by fire or other casualty to those items set forth in Section 10.2 below. In the event Within thirty (a) such Building shall be destroyed or rendered untenantable to an extent in excess of fifty percent (50%) of the floor area by a casualty covered by Landlord's insurance and the Leased Premises cannot be restored within one hundred eighty (18030) days thereafter; or (b) the holder after such notification of a mortgagedestruction, deed of trust or other lien on the Leased Premises at the time of the casualty elects pursuant to such mortgage, deed of trust or other lien to require the use of all or part of Landlord's insurance proceeds in satisfaction of all or part of the indebtedness secured Lessor may by the mortgage, deed of trust or other lien; or (c) the damage has occurred in the last twelve (12) months of the Lease Term, then Landlord or Tenant may elect to either terminate this Lease or Landlord may proceed to rebuild and repair the Leased Premises. Either party shall give written notice to the other of such election Lessee cancel this Lease. Lessee may cancel this Lease on ten (10) day written notice if, (1) within thirty (30) days after the occurrence such notification of such casualty and damage to Lessor if it elects Lessor fails to notify Lessee in writing within said thirty (30) days that Lessor intends to rebuild and repair shall proceed to do so with reasonable diligence that work can be commenced within a period of thirty (30) calendar days and completed within one hundred eighty twenty (180120) days from commencement, if not delayed by causes beyond control of Lessor, or (2) if the rebuilding is not in fact completed within such period due to the lack of diligence of Lessor. Any cancellation shall be effective as of the date of destruction. In the event of rebuilding, rent shall be abated, in accordance with provisions of Paragraph 41 hereof, from the date of destruction to completion of rebuilding, but said period shall be included as part of the term of this Lease unless it be mutually agreed by and between Lessee and Lessor that this Lease should be extended by said period. (d) In event of loss or damage of Leasehold Improvements through calamity such as earthquake, flood, Act of God, war, act of war or any other cause not covered by insurance Lessee hereby agrees to replace or repair all Leasehold Improvements, at his sole cost and expense, to as good or better condition as they were just prior to such loss or damage, unless the demised building is damaged at same time to the extent that the Lease is cancelled as provided for in this Lease Paragraph 20, in which event the total of all the unpaid monthly Leasehold Improvement payments, provided for in Paragraph 5 of this Lease, due Lessor from Lessee for said Leasehold Improvements for each and every unexpired month of the term of this Lease, as set forth in Paragraph 4 of this Lease shall be paid by Lessee to Lessor within thirty (30) days after such casualty loss. (e) In the event Lease is not cancelled because of damage or destruction, as provided for in this Lease Paragraph 20, and Lessee desires Lessor to replace or repair said Leasehold Improvements Lessor agrees to make such repair or replacement at its sole cost and Lessee's expense. (f) In the event of loss or damage of Leasehold Improvements that are covered by insurance Lessor hereby agrees to either replace or repair said Leasehold Improvements with insurance funds without cost to Lessee provided this Lease is not cancelled as provided for in this Paragraph 20 and Lessee continues making the monthly Leasehold Improvement payments provided for in Paragraph 5 of this Lease. If Lease is cancelled per terms of this Paragraph 20 the insurance funds received by Lessor for such insured loss will be accepted by Lessor as full payment of and will relieve Lessee from making any further monthly Leasehold Improvement payments provided for in Paragraph 5 of this lease. (g) In the event of loss or damage of Lessee Improvements, whether insured or not, Lessee shall have the option of determining whether to replace or repair or not to replace or repair such Lessee improvements. Any replacement or repair of Lessee Improvements shall be at the expense of Lessee. Any sums payable to Lessor by Lessee for repair, replacement or rebuilding, as provided for in this Paragraph 20, shall be due and payable in progressive payments as work is completed for major job and in any event all sums shall be due and payable ten (10) days after completion of such repair, replacement or rebuilding. Lessee shall not be entitled to collect from Lessor any compensation or damages on account of any inconvenience or annoyance of any work of repair or rebuilding or because of any injury, damage, or destruction of demised premises except that it shall be entitled to a pro rata reduction in rent payable during such period of repair as herein provided. Lessor shall not be entitled to collect from Lessee any compensation or damages on account of any damages or destruction to demised premises caused by calamity such as earthquake, flood, or similar violent action of the elements, war or act of war, or act of God, or covered by fire or extended coverage insurance, however, in the event the damages or destruction were caused directly or indirectly by the Lessee through the use or misuse of the demised premises Lessee shall not be entitled to Lease cancellation privileges or rent abatement as herein provided and shall pay Lessor for all repairs and rebuilding not covered and paid for by any insurance and in addition Lessee will pay Lessor reasonable compensation for supervising said repairs or rebuilding. Provided further that in the event Lessor does repairs or rebuilding as provided for in subparagraphs (a), (b) and (c) Lessor shall not thereby be deemed to have waived its right or be estopped to contend that it was not obligated to do so. In the event Lessor makes such repairs or rebuilding and it be thereafter determined that said repairs or rebuilding were the obligation of the Lessee then Lessor shall have the right to reasonable compensation and to reimbursement from Lessee of expenditures made in such repairs or rebuilding and for any reduction or abatement of rental taken by Lessee.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. Tenant shall give prompt written notice to Landlord of any damage caused to (a) If the Leased Premises by fire or other casualty. In the event that the Leased Premises shall be are damaged or destroyed by fire or other casualty and Landlord or Tenant does not elect to terminate this Lease as hereinafter provided, Landlord the Rent shall proceed with reasonable diligence and at its sole cost and expense (provided xxxxx in the proportion that Landlord shall receive and be entitled to use the proceeds of the fire and extended coverage insurance carried by Landlord or Tenant, as applicable, to complete such repairs) to rebuild and repair damage to the roof, foundation, structural components, exterior walls, exterior doors and windows (excluding glass), walks, parking areas, driveways, and other exterior areas (including paving), exterior plumbing lines (including water lines and gas lines) part of the Leased Premises within a period of one hundred eighty (180) days after rendered unfit for occupancy bears to the occurrence whole of the casualty and Leased Premises until the Base Rent and other charges Leased Premises are rebuilt; provided for herein shall be abated during such period that if the Leased Premises are so damaged or destroyed that in the reasonable opinion of rebuilding and restoration to the extent, and only to the extent that Landlord the Leased Premises cannot be used rebuilt or made fit for the purposes described in Section 1.1(n) as a result thereof. Notwithstanding the foregoing, Tenant shall be responsible for repairing damage caused by fire or other casualty to those items set forth in Section 10.2 below. In the event (a) such Building shall be destroyed or rendered untenantable to an extent in excess of fifty percent (50%) of the floor area by a casualty covered by Landlord's insurance and the Leased Premises cannot be restored Tenant within one hundred eighty and twenty (180120) days thereafter; or (b) the holder of a mortgage, deed of trust or other lien on the Leased Premises at the time of the casualty elects pursuant to such mortgage, deed of trust or other lien to require the use of all or part of Landlord's insurance proceeds in satisfaction of all or part of the indebtedness secured by the mortgage, deed of trust or other lien; or (c) after the damage has occurred in or destruction, the last twelve (12) months of the Lease Term, then Landlord or Tenant may elect to either at its option terminate this Lease or Landlord may proceed to rebuild and repair by giving the Leased Premises. Either party shall give written notice to the other of such election Tenant within thirty (30) days of the damage or destruction notice of termination and the Tenant shall on the date specified in that notice, which shall be within sixty (60) days after delivery of the occurrence notice of such casualty and if it elects termination, deliver up possession of the Leased Premises to rebuild and repair the Landlord. (b) In the event of damage or destruction to the Leased Premises, the cost of which is wholly recoverable by the Landlord under a policy or policies of insurance, the Landlord shall proceed to do so with reasonable diligence repair the Leased Premises unless the Tenant is obligated to repair under the terms hereof or unless this Lease is terminated under Articles 6.03(a) or 6.03(c) hereof. The Tenant shall, subject to provisions respecting termination of this Lease, with reasonable diligence repair or replace leasehold improvements damaged or destroyed in the Leased Premises. (c) In the event that twenty-five percent (25%) or more of the Rentable Area in the Building is damaged or destroyed and if in the reasonable opinion of the Landlord the Rentable Area cannot be rebuilt or made fit for the purposes of the tenants thereof within a period of one hundred and eighty (180) days after such casualty and of the damage or destruction, the Landlord may at its sole cost option terminate this Lease by giving the Tenant within thirty (30) days of the damage or destruction notice of termination and expensethe Tenant shall with reasonable expedition, but in any event within sixty (60) days after the delivery of the notice of termination, deliver up possession of the Leased Premises to the Landlord. (d) The Leased Premises shall be deemed to have been rebuilt when the Landlord’s architect certifies that they have been repaired, rebuilt or restored to the point where the Tenant could occupy them for the purpose of rebuilding, restoring, replacing or repairing the Tenant’s Improvements; the issuance of the certificate shall not relieve the Landlord of its obligations to complete its work under Article 5.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. Tenant shall give prompt written notice to Landlord of any damage caused to 8.4.1 If the Leased Premises are partially damaged by fire fire, explosion, the elements, public enemy, or other casualty. In , but the event that hangar building located on the Leased Premises is not rendered untenantable in whole or in part, the same will be repaired with due diligence by Landlord at its own cost and expense. 8.4.2 If the damage shall be damaged so extensive as to render the hangar building located on the Premises untenantable in whole or destroyed in part, but capable of being repaired in one hundred and twenty (120) days, the same shall be repaired with due diligence by fire or other casualty and Landlord or Tenant does not elect to terminate this Lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at its sole own cost and expense (provided that Landlord shall receive and be entitled to use the proceeds of the fire and extended coverage insurance carried by Landlord or Tenant, as applicable, to complete such repairs) to rebuild and repair damage to the roof, foundation, structural components, exterior walls, exterior doors and windows (excluding glass), walks, parking areas, drivewaysexpense, and other exterior areas (including paving), exterior plumbing lines (including water lines and gas lines) of the Leased Premises within a period of one hundred eighty (180) days after the occurrence of the casualty and the Base Rent and other charges provided for rent payable herein shall be abated during such period of rebuilding and restoration in proportion to the extent, and only to diminished utility of the extent that Premises in the Leased conduct of Tenant’s business from the time the damage occurs until such time as the Premises cannot be used for the purposes described in Section 1.1(n) as a result thereof. Notwithstanding the foregoing, Tenant shall be responsible for repairing damage caused by fire or other casualty to those items set forth in Section 10.2 below. are fully restored. 8.4.3 In the event Premises are completely destroyed by fire, explosion, the elements, public enemy or other casualty, or so damaged that they will remain untenantable, in whole or in part, for more than one hundred and twenty (a120) such Building shall be destroyed or rendered untenantable to an extent days, in excess of fifty percent (50%) of the floor area by a casualty covered by Landlord's insurance and the Leased Premises cannot be restored within one hundred eighty (180) days thereafter; or (b) the holder of a mortgageestimation, deed of trust or other lien on the Leased Premises at the time of the casualty elects pursuant to such mortgage, deed of trust or other lien to require the use of all or part of Landlord's insurance proceeds in satisfaction of all or part of the indebtedness secured by the mortgage, deed of trust or other lien; or (c) the damage has occurred in the last twelve (12) months of the Lease Term, then Landlord or Tenant either party may elect to either terminate this Lease or Landlord may proceed to rebuild and repair the Leased Premises. Either party shall give by delivering written notice to the other within thirty (30) days after the delivery of such election Landlord's restoration estimate. 8.4.3.1 Landlord must furnish that restoration estimate within thirty (30) days after the occurrence of such casualty the damage. If neither party terminates, Landlord shall repair the damage at its cost and if it elects expense, with due diligence; and the rent payable herein shall be abated in proportion to rebuild and repair shall proceed the diminished utility of the Premises in the conduct of Tenant’s business from the time the damage occurs until Landlord completes the restoration. 8.4.3.2 If Landlord fails to do so with reasonable diligence within a period complete the restoration of one hundred eighty the Premises by the date that is sixty (18060) days after such casualty and at the expiration of the period within which Landlord estimated the restoration would occur, Tenant may give Landlord written notice of its sole cost and expensecancellation of this contract in its entirety.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. Tenant shall give prompt written notice to Landlord of any damage caused to (a) If the Leased Premises by fire or other casualty. In the event that the Leased Premises shall be are damaged or destroyed by fire or other casualty and Landlord or Tenant does not elect to terminate this Lease as hereinafter provided, Landlord the Rent shall proceed with reasonable diligence and at its sole cost and expense (provided xxxxx in the proportion that Landlord shall receive and be entitled to use the proceeds of the fire and extended coverage insurance carried by Landlord or Tenant, as applicable, to complete such repairs) to rebuild and repair damage to the roof, foundation, structural components, exterior walls, exterior doors and windows (excluding glass), walks, parking areas, driveways, and other exterior areas (including paving), exterior plumbing lines (including water lines and gas lines) part of the Leased Premises within a period of one hundred eighty (180) days after rendered unfit for occupancy bears to the occurrence whole of the casualty and Leased Premises until the Base Rent and other charges Leased Premises are rebuilt; provided for herein shall be abated during such period that if the Leased Premises are so damaged or destroyed that in the reasonable opinion of rebuilding and restoration to the extent, and only to the extent that Landlord the Leased Premises cannot be used rebuilt or made fit for the purposes described in Section 1.1(n) as a result thereof. Notwithstanding the foregoing, Tenant shall be responsible for repairing damage caused by fire or other casualty to those items set forth in Section 10.2 below. In the event (a) such Building shall be destroyed or rendered untenantable to an extent in excess of fifty percent (50%) of the floor area by a casualty covered by Landlord's insurance and the Leased Premises cannot be restored Tenant within one hundred eighty and twenty (180120) days thereafter; or (b) the holder of a mortgage, deed of trust or other lien on the Leased Premises at the time of the casualty elects pursuant to such mortgage, deed of trust or other lien to require the use of all or part of Landlord's insurance proceeds in satisfaction of all or part of the indebtedness secured by the mortgage, deed of trust or other lien; or (c) after the damage has occurred in or destruction, the last twelve (12) months of the Lease Term, then Landlord or Tenant may elect to either at its option terminate this Lease or Landlord may proceed to rebuild and repair by giving the Leased Premises. Either party shall give written notice to the other of such election Tenant within thirty (30) days of the damage or destruction notice of termination and the Tenant shall on the date specified in that notice, which shall be within sixty (60) days after delivery of the occurrence notice of such casualty and if it elects termination, deliver up possession of the Leased Premises to rebuild and repair the Landlord. (b) In the event of damage or destruction to the Leased Premises, the cost of which is wholly recoverable by the Landlord under a policy or policies of insurance, the Landlord shall proceed to do so with reasonable diligence repair the Leased Premises unless the Tenant is obligated to repair under the terms hereof or unless this Lease is terminated under Articles 7.03(a) or 7.03(c) hereof. The Tenant shall, subject to provisions respecting termination of this Lease, with reasonable diligence repair or replace leasehold improvements damaged or destroyed in the Leased Premises. (c) In the event that twenty-five percent (25%) or more of the Rentable Area in the Building is damaged or destroyed and if in the reasonable opinion of the Landlord the Rentable Area cannot be rebuilt or made fit for the purposes of the tenants thereof within a period of one hundred and eighty (180) days after such casualty and of the damage or destruction, the Landlord may at its sole cost option terminate this Lease by giving the Tenant within thirty (30) days of the damage or destruction notice of termination and expensethe Tenant shall with reasonable expedition, but in any event within sixty (60) days after the delivery of the notice of termination, deliver up possession of the Leased Premises to the Landlord. (d) The Leased Premises shall be deemed to have been rebuilt when the Landlord's architect certifies that they have been repaired, rebuilt or restored to the point where the Tenant could occupy them for the purpose of rebuilding, restoring, replacing or repairing the Tenant's Improvements; the issuance of the certificate shall not relieve the Landlord of its obligations to complete its work under Article 6.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. Tenant shall give prompt written notice to Landlord of any damage caused to the Leased Premises by fire or other casualty. In the event that the Leased Premises leased premises are destroyed or damaged so as to be unfit for use by fire, storm, explosion, earthquake or other casualty, so as not to be capable of being economically rebuilt or restored within three hundred sixty-five (365) days, then this lease shall be damaged or destroyed by fire or other casualty and Landlord or Tenant does not elect to terminate this Lease as hereinafter providedautomatically terminated. Otherwise, Landlord shall proceed with reasonable diligence and at its sole cost own expense and expense with due diligence to restore the premises within such three hundred sixty-five (365) days. In the event Landlord determines that the premises cannot be rebuilt or restored within three hundred sixty-five (365) days as provided hereinabove, then it shall give written notice of this decision to Tenant within fifteen (15) days from the date of the happening of such casualty, and this lease shall terminate. Provided, however, that if the Landlord determines that it will not rebuild the improvements on the demised premises then the Landlord agrees to purchase other properties held by the Tenant as part of the development contemplated herein. The purchase price shall be determined as the fair market value prior to the damage or destruction to the demised premises. The Landlord shall receive and be entitled obligated to use the proceeds of the fire and extended coverage insurance carried by Landlord or Tenant, as applicable, to complete purchase such repairs) to rebuild and repair damage to the roof, foundation, structural components, exterior walls, exterior doors and windows (excluding glass), walks, parking areas, driveways, and other exterior areas (including paving), exterior plumbing lines (including water lines and gas lines) of the Leased Premises within a period of one hundred eighty (180) days after the occurrence of the casualty and the Base Rent and other charges provided for herein shall be abated during such period of rebuilding and restoration to the extent, and additional property only to the extent of any insurance proceeds from the damage or destruction of demised premises less the deductible and any costs incurred to demolish or dispose of debris. Alternatively, Xxxxxxxx agrees that the Leased Premises cannot be used it will enter into negotiations for a long term land lease for the purposes described demised premises with Tenant whereby Tenant may construct improvements substantially similar in Section 1.1(n) as a result thereof. Notwithstanding the foregoing, Tenant shall be responsible for repairing damage caused by fire or other casualty purpose to those items set forth found in Section 10.2 below. In the event (a) such Building shall be destroyed or rendered untenantable to an extent in excess of fifty percent (50%) of the floor area by a casualty covered by Landlord's insurance and the Leased Premises cannot be restored within one hundred eighty (180) days thereafter; or (b) the holder of a mortgage, deed of trust or other lien on the Leased Premises at the time of the casualty elects pursuant to such mortgage, deed of trust or other lien to require the use of all or part of Landlord's insurance proceeds in satisfaction of all or part of the indebtedness secured by the mortgage, deed of trust or other lien; or (c) the damage has occurred in the last twelve (12) months of the Lease Term, then Landlord or Tenant may elect to either terminate this Lease or Landlord may proceed to rebuild and repair the Leased Premises. Either party shall give written notice to the other of such election within thirty (30) days after the occurrence of such casualty and if it elects to rebuild and repair shall proceed to do so with reasonable diligence within a period of one hundred eighty (180) days after such casualty and at its sole cost and expenseExhibit “B” attached hereto.