Common use of Damage to Demised Premises Clause in Contracts

Damage to Demised Premises. If the Building or the Demised ------------- -------------------------- Premises are rendered partially or wholly untenantable by fire or other casualty, Landlord shall promptly, using the insurance proceeds as provided below, cause such damage to be repaired and all Minimum Base Rent payable hereunder shall abate proportionately as to the portion of the Demised Premises renderxx xxtenantable until the completion of such repairs. If the Building or the Demised Premises are damaged such that they cannot be repaired or rebuilt within one hundred eighty (180) days from the date of such damage, then either Landlord or Tenant may terminate this Lease. In the event either Landlord or Tenant exercises this election to terminate, they must do so within thirty (30) days of the date of such damage. In the event this Lease is not terminated, then Landlord shall commence such repairs within thirty (30) days of the expiration of the above thirty (30) days and complete the same as soon as possible, considering extent of repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant may terminate this Lease. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or the Demised Premises shall be pro-rated based upon the respective values of (i) the Building and any other improvements, alterations or additions paid for by Landlord, and (ii) any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs the Demised Premises, Landlord shall be entitled to use all, or the amounts needed, of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds are not sufficient, any additional amounts required shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining to the Building shall be payable to Landlord.

Damage to Demised Premises. If If, at any time during the Building or term of this Lease, the Demised ------------- -------------------------- Premises are rendered partially is destroyed or wholly untenantable damaged in whole or in part by fire or other casualtycause within the extended coverage of the casualty insurance policies required to be carried by Tenant in accordance with this Lease, Landlord Tenant shall promptlycause the same to be repaired, using the replaced or rebuilt within twelve (12) months after receipt by Tenant of insurance proceeds payable under such casualty insurance policies. Tenant’s rebuilding obligations shall not be reduced by any shortfall in receipt of insurance proceeds or any failure to receive insurance proceeds as provided belowa result of said casualty. Tenant shall bear the risk of uninsured casualties and of under-insurance. Tenant shall not be entitled to any reduction or abatement of rent as a result of any casualty. Notwithstanding the foregoing, cause such damage to be repaired and all Minimum Base Rent payable hereunder shall abate proportionately as to the portion of the Demised Premises renderxx xxtenantable until the completion of such repairs. If the Building or if the Demised Premises are destroyed or damaged such that they canat any time during the last three (3) years of the term of this Lease (including the last three [3] years of any exercised Option Period) to the extent that, in Tenant’s reasonable discretion, the Demised Premises are not be repaired or rebuilt within one hundred eighty (180) days from usable in their damaged condition for the date normal conduct of such damageTenant’s business, then either Landlord or Tenant may may, upon written notice to Landlord, elect to terminate this Lease. In the event either Landlord or Tenant exercises this election to terminate, they must do so within thirty (30) days of the date of such damage. In the event this Lease is not terminated, then Landlord shall commence such repairs within thirty (30) days of the expiration of the above thirty (30) days and complete the same as soon as possible, considering extent of repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damageevent, Tenant may terminate this Lease. Any insurance which may be carried by Landlord or Tenant against loss or damage to shall bear the Building or risk of uninsured casualties and of under-insurance, and shall place the Demised Premises shall be pro-rated based upon in a safe condition and pay to Landlord all insurance proceeds received by Tenant plus the respective values amount of (i) the Building any deductible carried by Tenant and any other improvements, alterations or additions paid for by Landlord, and amount necessary to equal the entire sum necessary to rebuild the Demised Premises (ii) but excluding any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs ancillary insurance proceeds unrelated to the costs of rebuilding the Demised Premises, Landlord ). Such termination shall be entitled effective on the date stated in Tenant's notice to use allLandlord and neither Landlord nor Tenant shall have any further obligations hereunder after such date, or the amounts needed, of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds are not sufficient, any additional amounts required and Tenant’s obligation to pay rent shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining to the Building shall be payable to Landlordlikewise cease.

Damage to Demised Premises. If In the Building or event the Demised ------------- -------------------------- Premises are rendered is partially or wholly untenantable totally destroyed by fire or other casualty, then, subject to the following terms of this Article, Landlord shall promptlyrepair or restore the same to substantially the same condition as existed prior to such fire or other casualty. Notwithstanding the foregoing provision, using in the insurance proceeds event the Demised Premises or any portion of the Building is partially or totally destroyed by fire or other casualty and such damage will cost in excess of Two Hundred Thousand Dollars ($200,000.00) to repair or restore, Landlord in its sole discretion shall have the option to either rebuild and repair the Demised Premises or damaged portion of the Building or to terminate this Lease unless Tenant elects to make the needed repairs at its expense. Landlord shall give notice in writing to Tenant of Landlord's election to rebuild and repair or to terminate this Lease, as provided belowthe case may be, within thirty (30) days of the happening of the event of destruction or damage ("Landlord's Casualty Election"). Landlord shall use all commercially reasonable efforts to provide temporary premises, in another building owned or run by Landlord and, if reasonably possible, located within a radius of 5 miles of the Demised Premises, for Tenant following a casualty loss unless Landlord has elected to terminate the Lease as permitted above; provided, however, that Landlord shall have no obligation to provide temporary premises for Tenant if the period in which the Demised Premises are unavailable for Tenant's use is ten (10) days or less. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, and if Landlord does not provide temporary premises as required above, or if the temporary premises offered to Tenant is outside of the 5 mile radius of the Demised Premises, Tenant shall have the option to terminate the Lease, so long as Tenant provides written notice to Landlord of Tenant's exercise of the option to terminate within thirty (30) days of receipt of Landlord's Casualty Election. In the event Landlord elects to rebuild and repair and Tenant does not exercise its option to terminate this Lease, Landlord shall proceed with the same as soon as practical and in all events shall use commercially reasonable efforts to cause such damage rebuilding and repair to be repaired and all Minimum completed to substantially the same condition as existed prior to such destruction as soon as is reasonably possible. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, then the Base Rent payable hereunder and any additional rent shall abate be abated proportionately as to the portion of the Demised Premises renderxx xxtenantable rendered untenable until the completion of such repairs. If the Building or the Demised Premises are damaged such that they cannot be is repaired or rebuilt within one hundred eighty (180) days from the date of such damage, then either Landlord or Tenant may terminate this Lease. In the event either Landlord or Tenant exercises this election to terminate, they must do so within thirty (30) days of the date of such damage. In the event this Lease is not terminated, then Landlord shall commence such repairs within thirty (30) days of the expiration of the above thirty (30) days and complete the same terminated as soon as possible, considering extent of repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant may terminate set forth in this Lease. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or the Demised Premises shall be pro-rated based upon the respective values of (i) the Building and any other improvements, alterations or additions paid for by Landlord, and (ii) any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs the Demised Premises, Landlord shall be entitled to use all, or the amounts needed, of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds are not sufficient, any additional amounts required shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining to the Building shall be payable to LandlordArticle IX.

Damage to Demised Premises. If In the Building or event the Demised ------------- -------------------------- Premises are rendered partially or wholly untenantable totally destroyed by fire or other casualty, which is not caused by the negligent or willful actions of Tenant or Tenant's employees, Landlord and Tenant shall promptlyhave the option either to rebuild and repair the Demised Premises or to terminate this Lease as hereinafter provided. (Partial destruction for these purposes shall mean that Tenant is unable to reasonably carry on its operations from the Demised Premises.) Either party shall give notice in writing to the other of the election to rebuild and repair or to terminate this Lease, using as the insurance proceeds as provided belowcase may be, cause such damage within forty-five (45) days of the happening of the event of destruction or damage. In the event Landlord elects to be repaired rebuild and all restore the Demised Premises, and Tenant does not remain in possession and operate Tenant's business during the period of rebuilding and repair, the Minimum Base Rent payable hereunder Annual Rental shall abate proportionately as to abatx (xxless the casualty is a result of vandalism or burglary) based upon the portion of the Demised Premises renderxx xxtenantable until the completion of such repairs. If the Building or the Demised Premises are damaged have been rebuilt and repaired. If Tenant remains in possession and operated Tenant's business during the period of rebuilding and repair, the Minimum Annual Rental shall ablate (unless the casualty is a result of vandalism or burglary) based upon the loss of business, if any, resulting from such that they cannot be repaired destruction during the period of building and repair, using a base figure, the gross sales of Tenant and of all licensees, concessionaires and tenants of Tenant, from all business conducted upon or rebuilt within one hundred eighty (180) days from the date Demised Premises, for the same period for the year immediately prior to the year, in which the casualty occurs, provided, however, (a) if the casualty shall occur during the first six (6) months of the Demised Term, the Minimum Annual Rental shall abatx xxxpletely (unless the casualty is a result of vandalism or burglary) until Landlord rebuilds and repairs the Demised Premises, and (b) if the casualty shall occur during the period beginning on the first day of the seventh month and ending the last day of the twelth month of the first year of the Demised Term, the Minimum Annual Rental shall abatx (xxless the casualty is a result of vandalism or burglary) based upon the loss of business, if any, resulting from such damagedestruction during the period of rebuilding and repair using as a base figure, then either Landlord the average of the monthly gross sales of Tenant and of all licensees, concessionaires and tenants or Tenant may terminate this LeaseTenant, from all business conducted upon or from the Demised Premises, for the period beginning on the first day of the first calendar month of the Demised Term and ending on the last day of the calendar month of the Demised Term occurring immediately prior to the casualty. In the event either Landlord or Tenant exercises this election elects to terminaterebuild and repair, they must do so within thirty (30) days of the date of such damage. In the event this Lease is not terminated, then Landlord shall commence such repairs within thirty (30) days of the expiration of the above thirty (30) days and complete proceed with the same as soon as possible, considering extent of repairs practical and weather. In the event any in all events such repairs have not been rebuilding and repair shall be completed within one hundred eighty (180) days after notice has been given of such damageLandxxxx'x xntent to rebuild and repair, Tenant may terminate this Lease. Any insurance which may be carried by Landlord or Tenant against loss or damage subject only to the Building or the Demised Premises shall be pro-rated based upon the respective values of (i) the Building and any other improvements, alterations or additions paid for by delays beyond Landlord, and (ii) any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs the Demised Premises, Landlord shall be entitled to use all, or the amounts needed, of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds are not sufficient, any additional amounts required shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining to the Building shall be payable to Landlord's reasonable control.

Damage to Demised Premises. If during the term hereof the Demised Premises or the Building shall be destroyed or the Demised ------------- -------------------------- Premises are rendered partially damaged by fire, lightning, storm or wholly untenantable by fire tempest, act of God or other casualtycasualty or accident so as in the opinion of the University, Landlord shall promptlyacting reasonably, using the insurance proceeds as provided below, cause such damage to be repaired and all Minimum Base Rent payable hereunder shall abate proportionately as to the render any portion of the Demised Premises renderxx xxtenantable until which portion constitutes in excess of fifty (50%) per cent in total of the completion area of such repairs. If the Building or the Demised Premises are damaged such that they cannot be unfit for occupancy and incapable of being repaired or rebuilt within one hundred eighty ninety (18090) days of the happening of such damage, the term hereby granted shall at the option of the University cease and be at an end to all intents and purposes from the date of such damagedamage or destruction and the Tenant shall immediately surrender and yield up possession of the Demised Premises to the University. If, however, such portions of the Demised Premises shall in the opinion of the University, acting reasonably, be capable of being repaired and rendered fit for occupancy by the Tenant within ninety (90) days from the happening of such damage or the portion constitutes less than fifty 50%) per cent in total area of the Demised Premises or neither the University nor the Tenant terminates the term as otherwise entitled above, this Lease and the term shall continue, but the amounts payable for Annual Rent shall cease and determine until such time as the Demised Premises are rebuilt and made fit for the purposes of the Tenant, provided that to the extent such damage or destruction prevents use and occupancy by the Tenant of part only of the Demised Premises then either Landlord the Annual Rent shall xxxxx proportionately only until such time or times as various portions of the Demised Premises are rebuilt and made fit for the purposes of the Tenant may terminate this Leasehaving regard to the portions of the Demised Premises which are so unusable by the Tenant. In the event either Landlord or Tenant exercises situations contemplated in the preceding portions of this election to terminate, they must do so within thirty (30) days of Section in which the date of such damage. In the event this Lease is not terminated, then Landlord the University shall commence such repairs within thirty (30) days of the expiration of the above thirty (30) days proceed forthwith and complete the same as soon as possible, considering extent of diligently to effect any necessary repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant may terminate this Lease. Any insurance which may be carried by Landlord or Tenant against loss or damage rebuilding to the Building or and the Demised Premises provided that the University shall not, except as otherwise required pursuant to Section 6.5(c), be pro-rated based upon responsible for the respective values rebuilding or restoration of (i) the Building and any other alterations, improvements, alterations fixtures, partitions, materials, equipment or additions paid for furnishings made or installed by Landlord, and (ii) any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs the Demised Premises, Landlord shall be entitled to use all, or the amounts needed, of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds are not sufficient, any additional amounts required shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining to the Building shall be payable to LandlordTenant.

Damage to Demised Premises. If the Building or the Demised ------------- -------------------------- Premises are rendered partially or wholly untenantable by fire or other casualty, Landlord shall promptly, using the insurance proceeds as provided below, cause such damage to be repaired and all Minimum Base Rent payable hereunder shall abate xxxxx proportionately as to the portion of the Demised Premises renderxx xxtenantable rendered untenantable until the completion of such repairs. If the Building or the Demised Premises are damaged such that they cannot be repaired or rebuilt within one hundred eighty (180) days from the date of such damage, then either Landlord or Tenant may terminate this Lease. In the event either Landlord or Tenant exercises exercised this election to terminate, they must do so within thirty (30) days of the date of such damage. In the event this Lease is not terminated, then Landlord shall commence such repairs within thirty (30) 30 days of the expiration of the above thirty (30) days and complete the same as soon as possible, considering extent of repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant may terminate this Lease. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or the Demised Premises shall be pro-rated based upon the respective values of (i) the Building and any other improvements, alterations or additions paid for by Landlord, and (ii) any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs the Demised Premises, Landlord shall be entitled to use all, or the amounts needed, of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds are not sufficient, any additional amounts required shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining to the Building shall be payable to Landlord.

Damage to Demised Premises. If A. If, during the Building or term of this Lease, the Demised ------------- -------------------------- Premises are rendered totally or partially or wholly untenantable destroyed by fire or other casualty, so as to render the Demised Premises wholly unfit for occupancy or make it impossible to conduct the business of Tenant thereon, and if it reasonably appears that the Demised Premises cannot be repaired and restored within one hundred twenty (120) days from the date of the damage, then either Tenant or Landlord shall promptlyhave the right to terminate this Lease from the date of such damage or destruction, using by giving the other party written notice. Upon the giving of such notice, Tenant shall immediately surrender the Demised Premises and all interest therein, including rights to insurance proceeds as provided belowin Paragraph 11 hereof, cause to Landlord, and in case of any such damage to be repaired termination, Landlord may re-enter and all Minimum Base Rent payable hereunder shall abate proportionately as to the portion of repossess the Demised Premises renderxx xxtenantable until the completion discharged of such repairsthis Lease and may dispossess all Parties then in possession thereof. If the Building or the Demised Premises are damaged such that they cannot be repaired or rebuilt within and restored in one hundred eighty twenty (180120) days from the date of such damage and neither Tenant nor Landlord elect to terminate the Lease, then, and upon the commencement of the repair or restoration, the Lease may not be terminated but rent may be abated according to the nature and extent of the damage, then either Landlord or Tenant . Full rent shall commence on the date that the repair and restoration is completed. If it reasonably appears that the Demised Premises may terminate this Lease. In the event either Landlord or Tenant exercises this election to terminate, they must do so be repaired and restored within thirty one hundred twenty (30120) days of from the date of such damage. In the event this Lease is not terminateddamage or destruction, then Landlord Landlord, at its own sole cost and expense, shall commence such repairs within thirty (30) days of the expiration of the above thirty (30) days repair and complete the same as soon as possible, considering extent of repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant may terminate this Lease. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or restore the Demised Premises shall be pro-rated based upon the respective values of (i) the Building and any other improvements, alterations or additions paid for by Landlord, and (ii) any improvements, alterations or additions paid for by Tenantwith all reasonable speed; provided, however, if that in no event shall Landlord rebuilds be required to repair and restore the Demised Premises at a cost greater than the net proceeds of moneys received from an insurance policy or repairs insurance policies covering such loss or damages, nor shall Landlord be required to commence repair and restoration until such fact is determined. During the period of repair, a just portion of the rent reserved under Paragraph 4 hereof, but not Tenant's obligation to make payments or performance under any other paragraphs of this Lease, shall be abated according to the nature and extent of damages and Tenant’s ability to occupy a portion of the Demised Premises, Landlord . Full rent shall be entitled to use all, or recommence on the amounts needed, of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds date that repairs are not sufficient, any additional amounts required shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining to the Building shall be payable to Landlordcompleted.

Damage to Demised Premises. If In the Building or event the Demised ------------- -------------------------- Premises are rendered is partially or wholly untenantable totally destroyed by fire or other casualty, then, subject to the following terms of this Article, Landlord shall promptlyrepair or restore the same to substantially the same condition as existed prior to such fire or other casualty. Notwithstanding the foregoing provision, using in the insurance proceeds event the Demised Premises or any portion of the Building is partially or totally destroyed by fire or other casualty and such damage will cost in excess of Two Hundred Thousand Dollars ($200,000.00) to repair or restore, Landlord in its sole discretion shall have the option to either rebuild and repair the Demised Premises or damaged portion of the Building or to terminate this Lease unless Tenant elects to make the needed repairs at its expense. Landlord shall give notice in writing to Tenant of Landlord's election to rebuild and repair or to terminate this Lease, as provided belowthe case may be, within thirty (30) days of the happening of the event of destruction or damage ("Landlord's Casualty Election"). Landlord shall use all commercially reasonable efforts to provide temporary premises, in another building owned or run by Landlord and, if reasonably possible, located within a radius of 5 miles of the Demised Premises, for Tenant following a casualty loss unless Xxxxxxxx has elected to terminate the Lease as permitted above; provided, however, that Landlord shall have no obligation to provide temporary premises for Tenant if the period in which the Demised Premises are unavailable for Tenant's use is ten (10) days or less. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, and if Landlord does not provide temporary premises as required above, or if the temporary premises offered to Tenant is outside of the 5 mile radius of the Demised Premises, Tenant shall have the option to terminate the Lease, so long as Tenant provides written notice to Landlord of Tenant's exercise of the option to terminate within thirty (30) days of receipt of Landlord's Casualty Election. In the event Landlord elects to rebuild and repair and Tenant does not exercise its option to terminate this Lease, Landlord shall proceed with the same as soon as practical and in all events shall use commercially reasonable efforts to cause such damage rebuilding and repair to be repaired and all Minimum completed to substantially the same condition as existed prior to such destruction as soon as is reasonably possible. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, then the Base Rent payable hereunder and any additional rent shall abate be abated proportionately as to the portion of the Demised Premises renderxx xxtenantable rendered untenable until the completion of such repairs. If the Building or the Demised Premises are damaged such that they cannot be is repaired or rebuilt within one hundred eighty (180) days from the date of such damage, then either Landlord or Tenant may terminate this Lease. In the event either Landlord or Tenant exercises this election to terminate, they must do so within thirty (30) days of the date of such damage. In the event this Lease is not terminated, then Landlord shall commence such repairs within thirty (30) days of the expiration of the above thirty (30) days and complete the same terminated as soon as possible, considering extent of repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant may terminate set forth in this Lease. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or the Demised Premises shall be pro-rated based upon the respective values of (i) the Building and any other improvements, alterations or additions paid for by Landlord, and (ii) any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs the Demised Premises, Landlord shall be entitled to use all, or the amounts needed, of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds are not sufficient, any additional amounts required shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining to the Building shall be payable to LandlordArticle IX.

Damage to Demised Premises. If In the Building event a fire, explosion or other casualty (collectively, "Casualty") destroys the demised premises or the Demised ------------- -------------------------- building in which the demised premises (collectively "Premises") are located or in the event of a Casualty which partially destroys the Premises are rendered partially or so as to render the demised premises wholly untenantable or unfit for occupancy, or should the demised premises be so damaged by fire or other casualty, Landlord shall promptly, using a Casualty so that the insurance proceeds as provided below, cause such damage to be repaired and all Minimum Base Rent payable hereunder shall abate proportionately as to the portion of the Demised Premises renderxx xxtenantable until the completion of such repairs. If the Building or the Demised Premises are damaged such that they demised premises cannot be repaired within thirty days from the occurrence of such Casualty, then, at the option of the Landlord or rebuilt within one hundred eighty (180) days Tenant, the term of this Lease shall cease and become null and void from the date of such damage, then either the Casualty. If the Landlord or Tenant may so exercises said option to terminate this Lease, then the Tenant shall immediately surrender the demised premises and all the Tenant's interest therein to the Landlord. The Tenant shall only be obligated to pay any rent due hereunder up to and including the date the Tenant so surrenders the demised premises. In the event either Landlord or Tenant exercises this election to terminate, they must do the demised premises are damaged by a Casualty so that said demised premises can be repaired and made fit for occupancy within thirty (30) days of from the date occurrence of such damageCasualty, the Landlord may enter and repair the demised premises, and any rent hereunder shall be abated only while the Landlord is making said repairs and the demised premises are wholly untenantable. In the event this Lease is the demised premises are damaged by a Casualty but not terminatedso at to render the demised premises wholly untenantable and unfit for occupancy, then the Landlord agrees to repair the same within a reasonable period of time and the rent accrued and accruing shall commence such repairs within thirty (30) days not cease or terminate and shall be abated with respect to the purchase of the expiration premises which are untenable. The Tenant shall immediately notify the Landlord in the event of the above thirty (30) days and complete the same as soon as possible, considering extent occurrence of repairs and weather. In the event a Casualty or any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant may terminate this Lease. Any insurance which may be carried by Landlord or Tenant against loss or other damage to the Building or the Demised Premises shall be pro-rated based upon the respective values of (i) the Building and any other improvements, alterations or additions paid for by Landlord, and (ii) any improvements, alterations or additions paid for by Tenant; provided, however, if Landlord rebuilds or repairs the Demised Premises, Landlord shall be entitled to use all, or the amounts needed, of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds are not sufficient, any additional amounts required shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining to the Building shall be payable to Landlord.

Damage to Demised Premises. If In the Building or event the Demised ------------- -------------------------- Premises are rendered is partially or wholly untenantable totally destroyed by fire or other casualty, then, subject to the following terms of this Article, Landlord shall promptlyrepair or restore the same to substantially the same condition as existed prior to such fire or other casualty. Notwithstanding the foregoing provision, using in the insurance proceeds as provided below, cause such damage to be repaired and all Minimum Base Rent payable hereunder shall abate proportionately as to event the Demised Premises or any portion of the Building is partially or totally destroyed by fire or other casualty and such damage will cost in excess of Two Hundred Thousand Dollars ($200,000) to repair or restore, Landlord in its sole discretion shall have the option to either rebuild and repair the Demised Premises renderxx xxtenantable until the completion or damaged portion of such repairs. If the Building or the Demised Premises are damaged such that they cannot be repaired or rebuilt within one hundred eighty (180) days from the date of such damage, then either Landlord or Tenant may to terminate this Lease. In the event either Landlord or shall give notice in writing to Tenant exercises this of Landlord's election to terminaterebuild and repair or to terminate this Lease, they must do so as the case may be, within thirty (30) days of the date happening of such damage. In the event this Lease is not terminated, then of destruction or damage ("Landlord's Casualty Election"). Landlord shall commence such repairs use all commercially reasonable efforts to provide temporary premises, in another school owned or run by Landlord and, if reasonably possible, located within thirty (30) days a radius of 5 miles of the expiration of Demised Premises, for Tenant following a casualty loss unless Landlord has elected to terminate the above thirty (30) days and complete the same Lease as soon as possible, considering extent of repairs and weather. In the event any such repairs have not been completed within one hundred eighty (180) days of such damage, Tenant may terminate this Lease. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Building or the Demised Premises shall be pro-rated based upon the respective values of (i) the Building and any other improvements, alterations or additions paid for by Landlord, and (ii) any improvements, alterations or additions paid for by Tenantpermitted above; provided, however, that Landlord shall have no obligation to provide temporary premises for Tenant if the period in which the Demised Premises are unavailable for Tenant's use is ten (10) days or less. If the Demised Premises is rendered partially or wholly untenable from fire or other casualty, and if Landlord rebuilds does not provide temporary premises as required above, or repairs if the temporary premises offered to Tenant is outside of the 5 mile radius of the Demised Premises, Tenant shall have the option to terminate the Lease, so long as Tenant provides written notice to Landlord shall be entitled to use all, or the amounts needed, of Tenant's exercise of the insurance proceeds for the costs of such rebuilding or repairing. If the insurance proceeds are not sufficient, any additional amounts required shall be paid by Landlord. If the Lease is terminated, all casualty insurance proceeds pertaining option to the Building shall be payable to Landlord.terminate within thirty