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

DAMAGE OR DESTRUCTION OF LEASED PREMISES. In the event the Leased Premises and/or the Building of which the Leased Premises are a part shall be totally destroyed by fire or other casualty or so badly damaged that, in the opinion of Landlord, it is not feasible to repair or rebuild same, Landlord shall have the right to terminate this Lease upon written notice to Tenant and all obligations of Tenant under this Lease shall cease. If the Leased Premises are partially damaged by fire or other casualty, except if caused by Tenant’s negligence, and said Leased Premises are not rendered untenable thereby, as determined by Landlord, an appropriate reduction of the rent shall be allowed for the unoccupied portion of the Leased Premises until repair thereof shall be substantially completed. If Landlord elects to exercise the right herein vested in it to terminate this Lease as a result of damage to or destruction of the Leased Premises or the Building in which the Leased Premises are located, said election shall be made by giving notice thereof to Tenant within ninety (90) days after the date of said damage or destruction. Notwithstanding the foregoing, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Leased Premises or the Building when the damage resulting from any casualty covered under this Lease occurs during the last twelve (12) months of the term or any renewal term. Any option to renew this Lease that Tenant may be entitled to exercise shall be null and void if such option has not been exercised prior to any such casualty that occurs during the last twelve (12) months of the term or any renewal term and Landlord elects not to repair, reconstruct or restore the Leased Premises or the Building. Such restoration by Landlord shall not include replacement of Tenant’s trade fixtures, furniture, equipment or other items that do not become part of the Building or any improvements to the Leased Premises in excess of those provided for in the allowance (if any) for building standard items as of the Commencement Date of this Lease. Restoration of the Leased Premises required beyond Landlord’s obligation shall be performed by Tenant at no cost to Landlord. Tenant agrees that during any period of reconstruction or repair of the Leased Premises to continue the operation of business in the Leased Premises to the extent reasonably practicable. The Base Rent shall be abated or reduced proportionately to the proportion of the Leased Premises that has been damaged or destroyed during any period in which, by reason of such damage or destruction, there is a substantial interference with the operation of Tenant’s business.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. In the event case the Leased Premises and/or Premises, or any part thereof, shall at any time during the Building of which the Leased Premises are a part shall Term or any renewal thereof be totally damaged or destroyed by fire any cause whatsoever (except where it is the responsibility of the Tenant to repair) such that, in the reasonable opinion of the Landlord, they are rendered unfit in whole or other casualty or so badly damaged thatin part for the purposes of the Tenant then the following shall apply: (a) if, in the opinion of the Landlord, it the Leased Premises shall be capable with reasonable diligence of being repaired and rendered fit for occupation within one hundred eighty (180) days from the happening of such damage, but the damage is not feasible such as to render the Leased Premises wholly unfit for occupancy, then the rent and all additional rent hereby reserved shall be suspended after such damage while the process for repair or rebuild sameis going on, and the Landlord shall have repair the right to terminate this Lease upon written notice to Tenant same with all reasonable speed and the rent and all obligations of additional rent shall recommence immediately after such repairs have been completed and the Tenant under this Lease shall cease. If notified in writing that the Leased Premises are partially damaged by fire or other casualtyready for occupancy; (b) if, except in the opinion of the Landlord, the Leased Premises shall be capable with reasonable diligence of being repaired and rendered fit for occupation within one hundred eighty (180) days as aforesaid and if caused by Tenant’s negligence, and said the damage is such that the Leased Premises are not rendered untenable therebycapable of being partially used then, as determined by Landlorduntil such damage is repaired, an appropriate reduction of the rent and all additional rent shall be allowed for suspended in the proportion that the unoccupied portion part of the Leased Premises until repair thereof shall be substantially completed. If Landlord elects bear to exercise the right herein vested in it to terminate this Lease as a result of damage to or destruction whole of the Leased Premises or for the duration of such repairs and the Landlord shall repair the same with all reasonable speed; (c) notwithstanding Article 9.1(b), if, in the opinion of the Landlord, the Building in which shall be capable with reasonable diligence of being repaired and rendered fit for occupation within one hundred eighty (180) days as aforesaid, and if the damage is such that the Leased Premises are located, said election shall be made by giving notice thereof to Tenant within ninety (90) days after the date capable of said damage being partially used but fifty percent or destruction. Notwithstanding the foregoing, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Leased Premises or the Building when the damage resulting from any casualty covered under this Lease occurs during the last twelve (12) months more of the term or any renewal term. Any option to renew this Lease that Tenant may be entitled to exercise shall be null and void if such option has not been exercised prior to any such casualty that occurs during the last twelve (12) months of the term or any renewal term and Landlord elects not to repair, reconstruct or restore the Leased Premises or the Building. Such restoration by Landlord shall not include replacement of Tenant’s trade fixtures, furniture, equipment or other items that do not become part of the Building or any improvements to the Leased Premises in excess of those provided for in the allowance (if any) for building standard items as of the Commencement Date of this Lease. Restoration floor area of the Leased Premises required beyond Landlord’s obligation is materially damaged and the Tenant, acting reasonably, determines that it is unable to carry on its business substantially in the manner carried on prior to such damage within such period, then the rent and all additional rent shall be performed by suspended (provided only if the Tenant at no cost to Landlord. Tenant agrees that during any period of reconstruction or repair of the Leased Premises to continue the operation of business ceases its operations in the Leased Premises to until such damage is repaired) for the extent reasonably practicable. The Base Rent duration of such repairs and the Landlord shall be abated or reduced proportionately to repair the proportion same with all reasonable speed; (d) if, in the opinion of the Landlord, the Leased Premises that has been damaged cannot be rebuilt or destroyed during any period in which, by reason made fit for the purpose of the Tenant within one hundred eighty (180) days of such damage or destruction, there the Landlord, instead of rebuilding or making the Leased Premises fit for the Tenant, or the Tenant may terminate this Lease by giving the other within thirty (30) days after the rendering of the Landlord’s opinion, written notice of termination, and thereupon rent and additional rent for which the Tenant is liable under this Lease shall be apportioned on a substantial interference with per diem basis and paid to the operation date of Tenant’s businesssuch damage or destruction and the Tenant shall immediately deliver up possession of the Leased Premises to the Landlord; (e) in any case, the Landlord shall not be responsible for and the Tenant shall acquire no rights arising from any delay in the repairs; (f) the Landlord shall act reasonably in forming any opinion pursuant to this Article 9.1.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. In the event If the Leased Premises and/or ---------------------------------------- shall be damaged by fire, the Building elements, unavoidable accident, vandalism, or other like casualty to the extent of which less than fifty percent (5 0%) of the cost of replacement of the Leased Premises, the damage (except damage to Tenant's equipment, trade fixtures and other property) shall be promptly repaired by Landlord at Landlord's expense, but only if insurance proceeds are available, and the rent and other charges hereunder shall be abated to the extent, if any, that any portion of the Leased Premises is rendered untenantable for Tenant's purposes (in the reasonable opinion of Tenant), with such abatement to be computed on the basis of the relation to which the gross square foot area of the space rendered untenantable bears to the entire floor area of the Leased Premises, and with such abatement to run from the date of occurrence of such damage. Provided, however, that Landlord shall not be obligated to commence such repair, restoration or rebuilding until insurance proceeds are a part received by Landlord, and Landlord's obligation hereunder shall be totally destroyed limited to the proceeds actually received by fire Landlord under any insurance policy or other casualty or so badly damaged that, in the opinion of Landlord, it is not feasible to repair or rebuild same, Landlord shall have the right to terminate this Lease upon written notice to Tenant and all obligations of Tenant under this Lease shall ceasepolicies hereunder. If the Leased Premises are partially shall be so damaged by fire to the extent of fifty percent (50%) or other casualty, except if caused by Tenant’s negligence, and said Leased Premises are not rendered untenable thereby, as determined by Landlord, an appropriate reduction more of the rent shall be allowed for the unoccupied portion costs of replacement of the Leased Premises, Landlord may, at its option, upon thirty (30) days prior written notice to Tenant, terminate this Lease, or may elect to repair the Leased Premises until repair thereof (excluding the Tenant's equipment, trade fixtures or other property), and in either event the rent chargeable hereunder shall be substantially completedabated in the manner aforesaid. If the Leased Premises is so damaged to the extent that the Leased Premises is wholly untenantable for the Tenant's purposes (in the reasonable opinion of Tenant), then the Tenant may lease other premises for a period of up to one (1) year, during which time the running of the Lease Term shall be tolled and all of Tenant's obligations under this Lease shall xxxxx. If Landlord elects to exercise the right herein vested in it to terminate this Lease as a result of damage to or destruction of the Leased Premises or the Building in which the Leased Premises are located, said election shall be made by giving notice thereof to Tenant within ninety (90) days after the date of said damage or destruction. Notwithstanding the foregoing, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Leased Premises or the Building when the damage resulting from any casualty covered under this Lease occurs during the last twelve (12) months of the term or any renewal term. Any option to renew this Lease that Tenant may be entitled to exercise shall be null and void if such option has not been exercised prior to any such casualty that occurs during the last twelve (12) months of the term rebuilt or any renewal term and Landlord elects not to repair, reconstruct or restore the Leased Premises or the Building. Such restoration by Landlord shall not include replacement of Tenant’s trade fixtures, furniture, equipment or other items that do not become part of the Building or any improvements to the Leased Premises in excess of those provided for in the allowance (if any) for building standard items as of the Commencement Date of this Lease. Restoration of the Leased Premises required beyond Landlord’s obligation shall be performed by Tenant at no cost to Landlord. Tenant agrees that during any period of reconstruction or repair of repaired the Leased Premises to continue a condition, which is equal to or better than the operation of business in the Leased Premises condition thereof existing immediately prior to the extent reasonably practicable. The Base Rent shall be abated or reduced proportionately to the proportion of the Leased Premises that has been damaged or destroyed during any period in whichsuch casualty within nine (9) months after such casualty, by reason of such damage or destruction, there is a substantial interference with the operation of Tenant’s businessthen Tenant may terminate this Lease.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. In the event If the Leased Premises and/or ---------------------------------------- shall be damaged by fire, the Building elements, unavoidable accident, vandalism, or other like casualty to the extent of which less than fifty percent (50%) of the cost of replacement of the Leased Premises, the damage (except damage to Tenant's equipment, trade fixtures and other property) shall be promptly repaired by Landlord at Landlord's expense, but only if insurance proceeds are available, and the rent and other charges hereunder shall be abated to the extent, if any, that any portion of the Leased Premises is rendered untenantable for Tenant's purposes (in the reasonable opinion of Tenant), with such abatement to be computed on the basis of the relation to which the gross square foot area of the space rendered untenantable bears to the entire floor area of the Leased Premises, and with such abatement to run from the date of occurrence of such damage. Provided, however, that Landlord shall not be obligated to commence such repair, restoration or rebuilding until insurance proceeds are a part received by Landlord, and Landlord's obligation hereunder shall be totally destroyed limited to the proceeds actually received by fire Landlord under any insurance policy or other casualty or so badly damaged that, in the opinion of Landlord, it is not feasible to repair or rebuild same, Landlord shall have the right to terminate this Lease upon written notice to Tenant and all obligations of Tenant under this Lease shall ceasepolicies hereunder. If the Leased Premises are partially shall be so damaged by fire to the extent of fifty percent (50%) or other casualty, except if caused by Tenant’s negligence, and said Leased Premises are not rendered untenable thereby, as determined by Landlord, an appropriate reduction more of the rent shall be allowed for the unoccupied portion costs of replacement of the Leased Premises, Landlord may, at its option, upon thirty (30) days prior written notice to Tenant, terminate this Lease, or may elect to repair the Leased Premises until repair thereof (excluding the Tenant's equipment, trade fixtures or other property), and in either event the rent chargeable hereunder shall be substantially completedabated in the manner aforesaid. If the Leased Premises is so damaged to the extent that the Leased Premises is wholly untenantable for the Tenant's purposes (in the reasonable opinion of Tenant), then the Tenant may lease other premises for a period of up to one (1) year, during which time the running of the Lease Term shall be tolled and all of Tenant's obligations under this Lease shall xxxxx. If Landlord elects to exercise the right herein vested in it to terminate this Lease as a result of damage to or destruction of the Leased Premises or the Building in which the Leased Premises are located, said election shall be made by giving notice thereof to Tenant within ninety (90) days after the date of said damage or destruction. Notwithstanding the foregoing, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore the Leased Premises or the Building when the damage resulting from any casualty covered under this Lease occurs during the last twelve (12) months of the term or any renewal term. Any option to renew this Lease that Tenant may be entitled to exercise shall be null and void if such option has not been exercised prior to any such casualty that occurs during the last twelve (12) months of the term rebuilt or any renewal term and Landlord elects not to repair, reconstruct or restore the Leased Premises or the Building. Such restoration by Landlord shall not include replacement of Tenant’s trade fixtures, furniture, equipment or other items that do not become part of the Building or any improvements to the Leased Premises in excess of those provided for in the allowance (if any) for building standard items as of the Commencement Date of this Lease. Restoration of the Leased Premises required beyond Landlord’s obligation shall be performed by Tenant at no cost to Landlord. Tenant agrees that during any period of reconstruction or repair of repaired the Leased Premises to continue a condition, which is equal to or better than the operation of business in the Leased Premises condition thereof existing immediately prior to the extent reasonably practicable. The Base Rent shall be abated or reduced proportionately to the proportion of the Leased Premises that has been damaged or destroyed during any period in whichsuch casualty within nine (9) months after such casualty, by reason of such damage or destruction, there is a substantial interference with the operation of Tenant’s businessthen Tenant may terminate this Lease.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. In the event the Leased Premises and/or the Building of which the Leased Premises are a part shall be totally destroyed by fire or other casualty or so badly damaged that, in the opinion of LandlordLandlord and Tenant, it is not feasible to repair or rebuild same, Landlord shall have the right to terminate this Lease upon written notice to Tenant and all obligations of Tenant under this Lease shall ceaseTenant. If the Leased Premises are partially damaged by fire or other casualty, except if caused [omitted because stricken by Tenant’s negligence, parties] and said Leased Premises are not rendered untenable untenantable thereby, as determined by LandlordLandlord and Tenant, an appropriate reduction of the rent shall be allowed for the unoccupied portion of the Leased Premises until Landlord's repair thereof shall be substantially completed. If the Landlord elects to exercise the right herein vested in it to terminate this Lease as a result of damage to or destruction of the Leased Premises or the Building in which the Leased Premises are located, said election shall be made by giving notice thereof to the Tenant within ninety thirty (9030) days after the date of said damage or destruction. Notwithstanding anything to the foregoingcontrary contained in this Lease: (i) Landlord shall not have the right to terminate this Lease if damage to or destruction of the Leased Premises results from a casualty ordinarily covered by insurance required to be carried by Landlord under this Lease. (ii) In the event of damage to the Leased Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Landlord shall not have any obligation whatsoever the right to repair, reconstruct terminate this Lease (A) if the damage is relatively minor (e.g. repair or restore restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Leased Premises); or (B) if Tenant agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Leased Premises. (iii) If the Leased Premises are damaged by any peril and Landlord does not elect to terminate this Lease or the Building its not entitled to terminate this Lease pursuant to its terms, then as soon as reasonably practicable, Landlord shall furnish Tenant with a written option of Landlord's architect or construction consultant as to when the damage resulting from any casualty covered under restoration work required of Landlord may be completed. Tenant shall have the option to terminate this Lease occurs during in the last event any of the following occurs, which option may be exercised by delivery to Landlord of a written notice of election to terminate within thirty (30) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (A) the Leased Premises, with reasonable diligence, cannot be fully repaired by Landlord within ninety (90) days after the damage or destruction; or (B) if the Premises are damaged by any peril within twelve (12) months of the term or any renewal term. Any option to renew last day of Term, and cannot be substantially restored within sixty (60) days after the date of such damage. (iv) If this Lease that is not terminated by Landlord or Tenant may be entitled to exercise as provided herein, Landlord shall be null and void if such option has not been exercised prior to any such casualty that occurs during the last twelve (12) months of the term or any renewal term and Landlord elects not to repair, reconstruct or restore the Leased Premises or the Building. Such restoration and all Tenant Improvements installed by Landlord shall not include replacement of Tenant’s trade fixtures, furniture, equipment or other items that do not become part of the Building or any improvements to the Leased Premises condition in excess of those provided for in the allowance (if any) for building standard items as of the Commencement Date of this Lease. Restoration of the Leased Premises required beyond Landlord’s obligation shall be performed by Tenant at no cost to Landlord. Tenant agrees that during any period of reconstruction or repair of the Leased Premises to continue the operation of business in the Leased Premises which they existed immediately prior to the extent reasonably practicable. The Base Rent shall be abated or reduced proportionately to the proportion of the Leased Premises that has been damaged or destroyed during any period in which, by reason of such damage or destruction, there is a substantial interference with the operation of Tenant’s businesscasualty.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. In the event the Leased Premises and/or the Building of which the Leased Premises are a part shall be totally destroyed by fire or other casualty or so badly damaged that, in the opinion of LandlordLandlord and Tenant, it is not feasible to repair or rebuild same, Landlord shall have the right to terminate this Lease upon written notice to Tenant and all obligations of Tenant under this Lease shall ceaseTenant. If the Leased Premises are partially damaged by fire or other casualty, except if caused [Omitted because stricken by Tenant’s negligence, parties.] and said Leased Premises are not rendered untenable untenantable thereby, as determined by LandlordLandlord and Tenant, an appropriate reduction of the rent shall be allowed for the unoccupied portion of the Leased Premises until Landlord's repair thereof shall be substantially completed. If the Landlord elects to exercise the right herein vested in it to terminate this Lease as a result of damage to or destruction of the Leased Premises or the Building in which the Leased Premises are located, said election shall be made by giving notice thereof to the Tenant within ninety thirty (9030) days after the date of said damage or destruction. Notwithstanding anything to the foregoingcontrary contained in this Lease: (i) Landlord shall not have the right to terminate this Lease if damage to or destruction of the Leased Premises results from a casualty ordinarily covered by insurance required to be carried by Landlord under this Lease. (ii) In the event of damage to the Leased Premises which is not required to be covered by insurance, and is not covered by insurance actually carried, Landlord shall not have any obligation whatsoever the right to repair, reconstruct terminate this Lease (A) if the damage is relatively minor (e.g. repair or restore restoration would take fewer than sixty (60) days or it would cost less than ten percent (10%) of the replacement cost of the Leased Premises); or (B) if Tenant agrees to pay the cost of repair in excess of ten percent (10%) of the then replacement cost of the Leased Premises. (iii) If the Leased Premises are damaged by any peril and Landlord does not elect to terminate this Lease or the Building its not entitled to terminate this Lease pursuant to its terms, then as soon as reasonably practicable, Landlord shall furnish Tenant with a written option of Landlord's architect or construction consultant as to when the damage resulting from any casualty covered under restoration work required of Landlord may be completed. Tenant shall have the option to terminate this Lease occurs during in the last event any of the following occurs, which option may be exercised by delivery to Landlord of a written notice of election to terminate within thirty (30) days after Tenant receives from Landlord the estimate of the time needed to complete such restoration: (A) the Leased Premises, with reasonable diligence, cannot be fully repaired by Landlord within ninety (90) days after the damage or destruction; or (B) if the Premises are damaged by any peril within twelve (12) months of the term or any renewal term. Any option to renew last day of Term, and cannot be substantially restored within sixty (60) days after the date of such damage. (iv) If this Lease that is not terminated by Landlord or Tenant may be entitled to exercise as provided herein, Landlord shall be null and void if such option has not been exercised prior to any such casualty that occurs during the last twelve (12) months of the term or any renewal term and Landlord elects not to repair, reconstruct or restore the Leased Premises or the Building. Such restoration and all Tenant Improvements installed by Landlord shall not include replacement of Tenant’s trade fixtures, furniture, equipment or other items that do not become part of the Building or any improvements to the Leased Premises condition in excess of those provided for in the allowance (if any) for building standard items as of the Commencement Date of this Lease. Restoration of the Leased Premises required beyond Landlord’s obligation shall be performed by Tenant at no cost to Landlord. Tenant agrees that during any period of reconstruction or repair of the Leased Premises to continue the operation of business in the Leased Premises which they existed immediately prior to the extent reasonably practicable. The Base Rent shall be abated or reduced proportionately to the proportion of the Leased Premises that has been damaged or destroyed during any period in which, by reason of such damage or destruction, there is a substantial interference with the operation of Tenant’s businesscasualty.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. In the event the Leased Premises and/or the Building of which the Leased Premises are a part shall be totally destroyed by fire or other casualty or so badly damaged that, in the opinion of Landlord, it is not feasible to repair or rebuild same, Landlord shall have the right to terminate this Lease Agreement upon written notice to Tenant and all obligations of Tenant under this if the Landlord elects not to terminate the Lease Agreement, rent shall ceasebe abated until the Leased Premises are reconstructed. If the Leased Premises are partially damaged by fire or other casualty, except if caused by Tenant’s negligence, and said Leased Premises are not rendered untenable thereby, as determined by Landlordordinary reason and prudence, an appropriate reduction of the rent shall be allowed for the unoccupied portion of the Leased Premises until repair thereof shall be substantially completed. If the Landlord elects to exercise the right herein vested in it to terminate this Lease Agreement as a result of damage to or destruction of the Leased Premises or the Building in which the Leased Premises are located, said election shall be made by giving notice thereof to the Tenant within ninety thirty (9030) days after the date of said damage or destruction. Notwithstanding the foregoing, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore If the Leased Premises are damaged by fire or the Building when the damage resulting from any other casualty covered under this Lease occurs during the last twelve (12) months of the term or any renewal term. Any option to renew this Lease such that Tenant may be entitled to exercise shall be null and void if such option has can not been exercised prior to any such casualty that occurs during the last twelve (12) months of the term or any renewal term and Landlord elects not to repair, reconstruct or restore use the Leased Premises for the normal business purposes of Tenant under Section 6 above, whether in part or in full, and the Building. Such restoration by Landlord shall has not include replacement of Tenant’s trade fixtures, furniture, equipment or other items that do not become part of the Building or any improvements to the Leased Premises in excess of those provided a schedule for in the allowance (if any) for building standard items as of the Commencement Date of this Lease. Restoration of the Leased Premises required beyond Landlord’s obligation shall be performed by Tenant at no cost to Landlord. Tenant agrees that during any period of reconstruction or repair of the Leased Premises within forty five (45) days of such event with further assurances that it will be able to continue restore the operation Leased Premises, or is diligently working to restore the Leased Premises, to full operating condition within a 360 day period of business in such event, then Tenant shall be able to cancel this Lease Agreement upon written notice to the Landlord. Notwithstanding the foregoing, Tenant may not cancel the Lease Agreement if the damage to the Leased Premises is due in whole or in part to the extent reasonably practicable. The Base Rent shall be abated act, omission, fault or reduced proportionately negligence of Tenant, so long the Landlord is diligently working to the proportion of restore the Leased Premises that has been damaged or destroyed during any period in which, by reason of such damage or destruction, there is a substantial interference with the operation of Tenant’s businessPremises.

DAMAGE OR DESTRUCTION OF LEASED PREMISES. In the event the Leased Premises and/or the Building of which the Leased Premises are a part shall be totally destroyed by fire or other casualty or so badly damaged that, in the opinion of Landlord, it is not feasible to repair or rebuild same, Landlord shall have the right to terminate this Lease upon written notice to Tenant and all obligations of Tenant under this Lease shall cease. (a) If the Leased Premises are partially damaged by fire or other casualty, except if caused by Tenant’s negligence, and said destroyed the Rent shall abate in the proportion that the xxxx of the Leased Premises are not rendered untenable thereby, as determined by Landlord, an appropriate reduction of unfit for occupancy bears to the rent shall be allowed for the unoccupied portion whole of the Leased Premises until repair thereof shall be substantially completed. If Landlord elects to exercise the right herein vested in it to terminate this Lease as a result of damage to or destruction of the Leased Premises or the Building in which the Leased Premises are located, said election shall rebuilt; provided that if the Leased Premises are so damaged or destroyed that in the reasonable opinion of the Landlord the Leased Premises cannot be rebuilt or made by giving notice thereof to fit for the purposes of the Sub-Tenant within ninety one hundred and twenty (90120) days after the date of said damage or destruction. Notwithstanding , the foregoing, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore may at its option terminate this Lease by giving the Leased Premises or the Building when Sub-Tenant within thirty (30) days of the damage resulting from any casualty covered under this Lease occurs during or destruction notice of termination and the last twelve Sub-Tenant shall on the date specified in that notice, which shall be within sixty (1260) months days after delivery of the term or any renewal term. Any option to renew this Lease that Tenant may be entitled to exercise shall be null and void if such option has not been exercised prior to any such casualty that occurs during the last twelve (12) months notice of the term or any renewal term and Landlord elects not to repairtermination, reconstruct or restore the Leased Premises or the Building. Such restoration by Landlord shall not include replacement of Tenant’s trade fixtures, furniture, equipment or other items that do not become part of the Building or any improvements to the Leased Premises in excess of those provided for in the allowance (if any) for building standard items as of the Commencement Date of this Lease. Restoration of the Leased Premises required beyond Landlord’s obligation shall be performed by Tenant at no cost to Landlord. Tenant agrees that during any period of reconstruction or repair deliver uppossession of the Leased Premises to continue the operation Landlord. (b) In the event of business 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 with reasonable diligence repair the Leased Premises unless the Sub-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 Sub-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 Sub-Tenants thereof within one hundred and eighty (180) days of the damage or destruction, the Landlord may at its option terminate this Lease by giving the Sub-Tenant within thirty (30) days of the damage or destruction notice of termination and the Sub-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 extent reasonably practicable. Landlord. (d) The Base Rent Leased Premises shall be abated deemed to have been rebuilt when the Landlord's architect certifies that they have been repaired, rebuilt or reduced proportionately restored to the proportion point where the Sub-Tenant could occupy them for the purpose of rebuilding, restoring, replacing or repairing the Sub-Tenant's Improvements; the issuance of the Leased Premises that has been damaged or destroyed during any period in which, by reason certificate shall not relieve the Landlord of such damage or destruction, there is a substantial interference with the operation of Tenant’s business.its obligations to complete its work under Article

DAMAGE OR DESTRUCTION OF LEASED PREMISES. In the event the Leased Premises and/or the Building of which building(s) or improvements constructed on the Leased Premises are a part shall be totally destroyed or damaged by fire or other casualty or so badly damaged thatto such an extent as to render the Leased Premises untenable for Lessee’s purposes, in then the opinion of Landlord, it is not feasible to repair or rebuild same, Landlord Lessee shall have the right and option to (a) exercise its option to purchase as hereinafter provided in which event Lessee shall be entitled to the entirety of the casualty insurance proceeds; (b) immediately terminate this Lease upon written notice in which event Lessor shall be entitled to Tenant the entirety of the proceeds of casualty insurance covering the building(s), or to (c) restore the damaged building(s) to substantially the same condition as existed immediately prior to the casualty utilizing the proceeds of the casualty insurance. If Lessee elects to repair or rebuild, rentals due hereunder during the period of repair or rebuilding shall be abated for such time as Lessee is unable, by reason of the casualty, to occupy and all obligations use the Leases Premises and the term of Tenant under this Lease shall ceasebe extended for a period equal to the period of time rent has been abated. If In the event the building(s) or improvements constructed upon the Leased Premises are partially damaged by fire or other casualtycasualty which does not render the Lease Premises untenable for Lessee’s uses and Lessee continues to conduct its business therein, except if caused by Tenant’s negligence, Lessee shall promptly repair such damage and said Leased Premises are not rendered untenable thereby, as determined by Landlord, an appropriate reduction of the rent shall be allowed entitled to use all insurance proceeds available for the unoccupied portion of the Leased Premises until repair thereof such repairs. Any such damage shall be substantially completedneither annul nor void this Lease. If Landlord elects to exercise the right All repairs as herein vested in it to terminate this Lease as a result of damage to or destruction of the Leased Premises or the Building in which the Leased Premises are located, said election provided shall be made by giving notice thereof to Tenant Lessee within ninety (90) days after the date of said damage or destructiona reasonable time utilizing due diligence. Notwithstanding the foregoing, Landlord shall not have any obligation whatsoever to repair, reconstruct or restore Any and all personal property on the Leased Premises or shall be kept at the Building when the damage resulting from any casualty covered under this Lease occurs during the last twelve (12) months risk of the term or Lessee only, and Lessor will not be liable for any renewal termdamage to any personal property on the Leased Premises. Any option to renew this Lease that Tenant may Lessor shall not be entitled to exercise shall be null and void if such option has not been exercised prior any proceeds of insurance policies that cover loss to any such casualty that occurs during the last twelve (12) months of the term or any renewal term and Landlord elects not to repair, reconstruct or restore Lessee’s personal property within the Leased Premises or the Building. Such restoration by Landlord shall not include replacement of Tenant’s trade fixtures, furniture, equipment or other items that do not become part of the Building or any improvements to the Leased Premises in excess of those provided for in the allowance (if any) for building standard items as of the Commencement Date of this Lease. Restoration of the Leased Premises required beyond Landlord’s obligation shall be performed by Tenant at no cost to Landlord. Tenant agrees that during any period of reconstruction or repair of the Leased Premises to continue the operation of business in the Leased Premises to the extent reasonably practicable. The Base Rent shall be abated or reduced proportionately to the proportion of the Leased Premises that has been damaged or destroyed during any period in which, by reason of such damage or destruction, there is a substantial interference with the operation of Tenant’s businessPremises.