Common use of DAMAGE TO LEASED PREMISES Clause in Contracts

DAMAGE TO LEASED PREMISES. (a) If and whenever the Leased Premises shall be destroyed, demolished or damaged by fire or other cause to such an extent that the same shall not be capable with due diligence of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days of the date of such destruction, demolition or damage, and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If the Leased Premises are destroyed, demolished or damages by fire or other cause and notice to terminate this Lease shall not have been given as provided under subparagraph (a) of this paragraph 14, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. (a) 27.1 If and whenever during the Initial Term or any Extended Term, the Leased Premises shall be destroyed, demolished or are damaged by fire or other cause to such an extent that any of the same shall not be capable with due diligence of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after perils insured against by the happening of such destruction, demolition or damageCITY, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days of the date of such destruction, demolition or damage, and in every such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If the Leased Premises are destroyed, demolished or damages by fire or other cause and notice to terminate this Lease shall not have been given as provided under subparagraph (a) of this paragraph 14, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition damage or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage destruction is such that the Leased Premises can be partially used by are rendered wholly unfit for occupancy, or it is impossible or unsafe to use and occupy it, and if in either event the Tenant all rent hereunder shall be payable damage, in accordance with the terms hereof, provided that rent payable during the whole or any part opinion of the period during which the Leased Premises may CITY, acting reasonably to be only partially used by the Tenant, shall abatx xxxording given to the nature and extent LESSEE within ten (10) days of the destruction, demolition or damage happening of the damage: (a) cannot be repaired with reasonable diligence within one hundred and eighty (180) days from the time happening of the occurrence damage, either party may within five (5) days next succeeding the giving of such destruction, demolition or damage until the substantial completion of repairs opinion terminate this Lease by giving to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under other notice in writing, in which event this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question cease as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and the rent and all other payments for which the LESSEE is liable under this Lease shall be final apportioned and binding paid in full to the date of damage. If neither the CITY nor the LESSEE terminates this Lease, then the CITY shall repair the Leased Premises with all reasonable speed and no appeal the rent shall lie therefromxxxxx from the date of the happening of the damage until the damage shall be made good and the LESSEE can again use and occupy the Leased Premises; or (b) can be repaired with reasonable diligence within one hundred and eighty (180) days from the happening of the damage, then the rent shall xxxxx from the date of the happening of the damage until the damage shall be made good and the LESSEE can again use the Leased Premises and the CITY shall repair the damage with all reasonable speed; or (c) is such that the Leased Premises are capable of being partially used for the purposes for which they are leased, then until the damage has been repaired the rent shall be reduced by the fraction that the area of that part of the Leased Premises which is rendered unfit for occupancy is to the area of the Leased Premises, and the CITY shall repair the damage with all reasonable speed. Notwithstanding anything in this Lease, the CITY shall only be required to expend funds to repair and replace the Leased Premises in the amounts received by the CITY under the proceeds of insurance maintained by the CITY.

DAMAGE TO LEASED PREMISES. If at the inception of this Lease or at any time thereafter (aincluding any renewal) If and whenever all or any part of the Leased Premises shall be destroyedso damaged or destroyed through any cause, demolished or damaged by fire or other cause than Lessee's willful act as to such an extent that the same shall not be capable with due diligence of being repairedrendered unfit for Lessee's occupancy, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destructionin Lessee's judgment, demolition or damage, then either the Landlord or the Tenant Lessee may terminate declare this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days of the date of such destruction, demolition or damage, and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord terminated and rent shall be apportioned payable only to the date of such the damage. Alternatively, demolition or destruction. (b) Lessee, in its sole discretion, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the Leased Premises are destroyed, demolished or damages by fire or other cause and notice to terminate inception of this Lease shall not have been given as provided under subparagraph or at any time thereafter (aincluding any renewal) of this paragraph 14, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which Leased Premises shall be so slightly damaged through any cause, other than Lessee's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Lessee's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises may be only partially used by with all reasonable promptness, at Lessor's expense, and the Tenantrent shall xxxxx fairly until repairs are completed. However, shall abatx xxxording if Lessor fails to the nature and extent of the destruction, demolition promptly commence or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of to expeditiously complete repairs necessary to restore the Leased Premises by the Landlord; to their former condition, Lessee may declare this Lease terminated and (iii) upon the substantial completion of repairs rent, including any fair abatement thereof, shall be payable only to the Leased Premises by date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the Landlord costs from rent, including any fair abatement. Lessee's decision as to whether all rent under this Lease shall recommence within fifteen (15) days, or upon the opening any part of the Leased Premises is fit or unfit for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein occupancy shall be funded only by insurance proceedsfinal, and the Landlordbut Lessee's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of reasonable in the date of the damage and which shall be final and binding and no appeal shall lie therefromcircumstances.

DAMAGE TO LEASED PREMISES. (a) If and whenever In the event the Leased Premises shall be destroyed, demolished or Building are damaged by fire fire, the elements, acts of God, or other cause to such an extent that the same shall Leased Premises are rendered untenantable by Tenant or more than fifty percent (50%) of the Building is rendered untenantable, and in the event Landlord elects not be capable with due diligence of being repaired, restored to rebuild the Leased Premises and Building as they existed prior to the damage or rebuilt within a period of one hundred in some other manner satisfactory to Tenant and twenty (120) days after the happening of such destruction, demolition or damageLandlord, then either the Landlord or the Tenant may terminate this Lease upon Landlord, within thirty (30) days' written notice days of the date the damage occurred, shall notify Tenant in writing of such election, and this Lease shall be canceled as of the date the damage occurred, and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event Landlord elects to rebuild the Leased. Premises and Building as they existed prior to the damage or in some other given manner satisfactory to Tenant and Landlord, then Landlord shall commence such rebuilding within forty-five thirty (4530) days of the date of such destructiondamage and shall continue and complete such rebuilding as promptly as possible. Upon completion of such rebuilding, demolition or damagethis Lease shall be reinstated in all of its terms; provided, and however, the rent shall xxxxx in full during the period of such rebuilding. In the event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease or Building are not damaged to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If extent that the Leased Premises are destroyed, demolished or damages rendered wholly untenantable by fire or other cause Tenant and notice to terminate this Lease shall is not have been given otherwise terminated as provided under subparagraph (a) above, then Tenant shall continue to occupy those portions of this paragraph 14the Leased Premises which are tenantable, the rent shall xxxxx proportionately to the portions occupied, and Landlord shall repair promptly commence and complete repairs to the portions damaged. In no event and under no circumstances shall Landlord be liable to Tenant for any loss occasioned by damage to the Leased Premises, excluding other than for the Tenant's fixturesabatement of rent as provided in this Paragraph 14, with all reasonable speedexcept to the extent of property damage resulting from the negligence of Landlord, and (i) if the destruction, demolition its agents or damage employees which is such as not otherwise covered by insurance required to render the Leased Premises wholly unfit for occupancy, all be carried by Tenant under this Lease. Under no circumstances shall there be any abatement of rent under this Lease shall cease from Paragraph 14 if the time of the occurrence thereof until the substantial completion of repairs damage to the Leased Premises is caused by the Landlord; (ii) if the destruction, demolition acts or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part negligence of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destructionits agents, demolition employees or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to itinvitees. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. (a) If and whenever In the event the Leased Premises shall be destroyed, demolished or Building are damaged by fire fire, the elements, acts of God, or other cause to such an extent that the same shall Leased Premises are rendered untenantable by Tenant or more than fifty percent (50%) of the Building is rendered untenantable, and in the event Landlord elects not be capable with due diligence of being repaired, restored to rebuild the Leased Premises and Building as they existed prior to the damage or rebuilt within a period of one hundred in some other manner satisfactory to Tenant and twenty (120) days after the happening of such destruction, demolition or damageLandlord, then either the Landlord or the Tenant may terminate this Lease upon Landlord, within thirty (30) days' written notice days of the date the damage occurred, shall notify Tenant in writing of such election, and this Lease shall be canceled as of the date the damage occurred, and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event Landlord elects to rebuild the Leased Premises and Building as they existed prior to the damage or in some other given manner satisfactory to Tenant and Landlord, then Landlord shall commence such rebuilding within forty-five thirty (4530) days of the date of such destructiondamage and shall continue and complete such rebuilding as promptly as possible. Upon completion of such rebuilding, demolition or damagethis Lease shall be reinstated in all of its terms; provided, however, the Base Rent and additional rent shall xxxxx in full dining the period of such rebuilding. In the event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease or Building are not damaged to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If extent that the Leased Premises are destroyed, demolished or damages rendered wholly untenantable by fire or other cause Tenant and notice to terminate this Lease shall is not have been given otherwise terminated as provided under subparagraph (a) above, then Tenant shall continue to occupy those portions of this paragraph 14the Leased Premises which are tenantable, the Base Rent and additional rent shall xxxxx proportionately to the portions occupied, and Landlord shall repair promptly commence and complete repairs to the portions damaged In no event and under no circumstances shall Landlord be liable to Tenant for any loss occasioned by damage to the Leased Premises, excluding other than for the Tenant's fixturesabatement of Base Rent and additional rent as provided in this Paragraph 14, with all reasonable speedexcept to the extent of property damage resulting from the negligence of Landlord, and (i) if the destruction, demolition its agents or damage employees which is such as not otherwise covered by insurance required to render the Leased Premises wholly unfit for occupancy, all be carded by Tenant under this Lease. Under no circumstances shall there be any abatement of Base Rent or additional rent under this Lease shall cease from Paragraph 14 if the time of the occurrence thereof until the substantial completion of repairs damage to the Leased Premises is caused by the Landlord; (ii) if the destruction, demolition acts or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part negligence of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destructionits agents, demolition employees or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.invitee&

DAMAGE TO LEASED PREMISES. It is understood and agreed that, notwithstanding the other provisions of this Lease, should the Leased Premises at any time be partially or wholly destroyed or damaged by any cause whatsoever or should demolition of the Leased Premises be necessitated thereby or bhould the Leased Premises become unfit for occupancy by the Tenant: (a) If Subject as hereinafter provided in this Section 10.1, the Landlord shall, to the extent of the insurance proceeds available for reconstruction and whenever actually received by the Landlord from its insurers following an election by the Mortgagee to apply all or any portion of such insurance proceeds against the debt owing to the Mortgagee as the case may be, expeditiously reconstruct the Leased Premises in accordance with the Laindlord's obligations to repair under the provisions of Section 6.4 hereof. Upon substantial completion of the Landiord's work, the Landlord shall be destroyednotify the Tenant, demolished or damaged by fire or other cause and the Tenant shall forthwith commence and expeditiously complete reconstruction and repair of the Leased Premises in accordance with the Tenant's obligations to such an extent that repair under the same provisions of Section 6.2 hereof., (b) Rent shall not be capable with due diligence xxxxx unless the Leased Premises are rendered wholly or partially unfit for occupancy by such occurrence and in such event Rent, as of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after the happening date of such destructionoccurrence shall xxxxx proportionately as to the portion of the Leased Premises rendered unfit for occupancy, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon until thirty (30) days' written days following receipt by the Tenant of the Landiord's notice given to the other Tenant as provided in subsection 10.1 (a) hereof, at which time Rent shall recommence; (c) If the Leased Premises, in the opinion of the Architect, such opinion to be given to the landlord and the Tenant within forty-five thirty (4530) days of the date of such destruction, demolition or damage, cannot be repaired and in made fit for occupancy within one hundred and eidhty (180) days next following any occurrence, the Landlord may, by written notice to the Tenant within thirty (30) days of receipt of such event opinion of the Architect, terminate this Lease.and Rent shall cease and be adjusted as of the date of such occurrence, and the Tenant shall thereupon immediately surrender vacate the Leased Premises and this Lease surrender same to the Landlord; (d) If, in the opinion of the Architect, such opinion to be given to the Landlord and rent shall be apportioned to the Tenant within thirty (30) days of the date of such damage, demolition thirty per cent (30%) or destruction. (b) If more of the Leased Premises are destroyedat any time destroyed or damaged in whole or in part by any cause whatsoever or by demolition caused or necessitated thereby, demolished or damages then and so often as such event occurs, the Landlord may, at its option, to be exercised by fire or other cause and notice in writing to the Tenant within sixty (60) days of receipt of such opinion of the Architect, elect to terminate this Lease and in the case of such election the Term and tenancy hereby created shall not have been given as provided under subparagraph expire on the thirtieth (a30th) day following the giving of this paragraph 14, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, such notice and (i) if the destruction, demolition or damage is in such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease event Rent shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can and be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question adjusted as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the occurrence, and all rights and obligations contained in this Lease shall thereupon also cease, save and except for rights and obligations that may have accrued prior to such termination and the Tenant shall within such thirty (30) day period vacate the Leased Premises and surrender the same to the Landlord with the Landlord having the right to re-enter and repossess the Leased Premises discharged of this Lease and to remove all persons therefrom; and (e) In no event, including termination of the Lease in accordance with the provisions of subsection 10.1 (c) or (d) hereof, shall the Landlord be liable to reimburse the Tenant for damage and which shall be final and binding and no appeal shall lie therefromto, or replacement or repair of any Leasehold Improvements or any of the Tenant's property.

DAMAGE TO LEASED PREMISES. (a) If the Leased Premises, excluding Concessionaire’s Leasehold Improvements or Trade Fixtures, are partially damaged by fire or other casualty, but not rendered untenantable, the same shall be repaired or restored by the Authority to essentially the same condition as that which existed prior to such damage and whenever the Authority shall be entitled to all insurance proceeds and recoveries relating thereto. In the event such damage is caused by any act or omission of the Concessionaire, its officials, agents, sub-concessionaires or employees, it shall be the responsibility of the Concessionaire to pay all loss, damage and costs not covered by Concessionaire’s insurance proceeds. Should a portion of the Leased Premises be untenantable other than due to any act or omission of the Concessionaire, its officials, agents, sub- concessionaires or employees, rent for the untenantable portions of the Leased Premises shall be destroyed, demolished or damaged by fire or other cause to such an extent that abated for the same shall not be capable with due diligence period from the occurrence of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice damage to the other given within forty-five (45) days completion of the date repairs. The amount of such destruction, demolition or damage, and in such event the Tenant rent abatement shall thereupon immediately surrender be calculated as the pro rata portion of the Minimum Annual Guarantee owed for the untenantable portions of the Leased Premises and this Lease to the Landlord and rent such pro rata portion shall be apportioned to calculated based on the date square footage of such damage, demolition or destruction. (b) If the untenantable Leased Premises as a percentage of the total square footage for all Leased Premises from which sales are destroyed, demolished or damages by fire or other cause and notice to terminate this Lease shall not have been given as provided under subparagraph (a) of this paragraph 14, the Landlord shall repair generated. If the Leased Premises, excluding Concessionaire’s Leasehold Improvements or Trade Fixtures, are completely destroyed by fire or other casualty or so damaged as to remain untenantable for more than sixty (60) days, the Tenant's fixtures, with Authority shall be entitled to all reasonable speed, insurance proceeds and (i) if the destruction, demolition recoveries relating thereto but shall be under no obligation to repair or reconstruct such Leased Premises. Unless damage is due to any act or omission of the Concessionaire, its officials, agents, sub-concessionaires or employees, the Rent for the affected portions of Concessionaire’s Leased Premises shall be abated for the period from the date of such occurrence until such space is temporarily replaced with other space(s) sufficient to allow the Concessionaire to operate. The amount of the rent abatement shall be calculated as to render the pro rata portion of the Minimum Annual Guarantee owed for the untenantable portions of the Leased Premises wholly unfit for occupancy, all rent under this Lease and such pro rata portion shall cease from be calculated based on the time square footage of the occurrence thereof until the substantial completion of repairs to the untenantable Leased Premises by as a percentage of the Landlord; (ii) if the destruction, demolition or damage is such that the total square footage for all Leased Premises can be partially used by the Tenant all rent hereunder from which sales are generated. The Authority shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time notify Concessionaire within sixty (60) days of the occurrence of such destructioncasualty whether it intends to repair or reconstruct the damaged Leased Premises. If the Authority elects to repair or reconstruct, demolition and if such damage was caused by any act or damage until omission of the substantial completion Concessionaire, its officials, employees, agents, or sub-concessionaires, it shall be the responsibility of repairs the Concessionaire to pay all loss, damage, and costs not covered by the Concessionaire’s insurance proceeds. Should the Authority elect not to repair or reconstruct the Leased Premises by Premises, the Landlord; and (iii) upon Authority shall have the substantial completion of repairs right to the Leased Premises by the Landlord all rent under terminate this Lease shall recommence within fifteen (15) days, or upon Agreement for the opening untenantable portions of the Leased Premises (in addition to any and all other rights and remedies the Authority may have against Concessionaire). In such event, the Authority agrees to use commercially reasonable efforts to obtain adequate substitute space for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to itConcessionaire. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. (a) If and whenever In the event the Leased Premises shall be destroyed, demolished or are damaged by fire fire, the elements, act of God, or other cause to such an extent that they are rendered untenantable by Tenant, and in the same shall event Landlord elects not be capable with due diligence of being repaired, restored to rebuild the Leased Premises as they existed prior to the damage or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damagein some other manner satisfactory to Tenant, then either the Landlord or the Tenant may terminate this Lease upon Landlord, within thirty (30) days' written notice days of the date the damage occurred, shall notify Tenant in writing of such election, and this Lease shall be canceled as of the date the damage occurred, and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event Landlord elects to rebuild the Leased Premises as they existed prior to the damage or in some other given manner satisfactory to Tenant, then Landlord shall commence such rebuilding within forty-five thirty (4530) days of the date of such destructiondamage and shall continue and complete such rebuilding as promptly as possible. Upon completion of such rebuilding, demolition or damage, and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to shall be reinstated in all of its terms; provided, however, the Landlord and rent shall be apportioned to abaxx xx full during the date period of such damage, demolition or destruction. (b) If rebuilding. In the event the Leased Premises are destroyednot damaged to such extent that they are rendered wholly untenantable by Tenant, demolished or damages by fire or other cause and notice then Tenant shall continue to terminate this Lease shall not have been given as provided under subparagraph (a) occupy that portion of this paragraph 14the Leased Premises which are tenantable, the rent shall abaxx xxoportionately to the portion occupied, and Landlord shall repair promptly commence and complete repairs to the portion damaged. In no event and under no circumstances shall Landlord be liable to Tenant for any loss occasioned by damage to the Leased Premises, excluding other than for the Tenant's fixturesabatement of rent as provided in this Paragraph 14, with all reasonable speedexcept to the extent of property damage resulting from the negligence of Landlord, and (i) if the destruction, demolition its agents or damage employees which is such as not otherwise covered by insurance required to render the Leased Premises wholly unfit for occupancy, all be carried by Tenant under this Lease. Under no circumstances shall there be any abatement of rent under this Lease shall cease from Paragraph 14 if the time of the occurrence thereof until the substantial completion of repairs damage to the Leased Premises is caused by the Landlord; (ii) if the destruction, demolition acts or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part negligence of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destructionits agents, demolition employees or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to itinvitees. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. (a) If and whenever the Leased Premises building erected by the County shall be destroyed, demolished or damaged by fire fire, flood, lightning, windstorm or other force of the elements or by the public enemy or from any other cause not brought about by Concessionaire, so as to such an extent that adversely affect Concessionaire’s operations under this Concession Agreement then the same following shall apply.  If the building or space is not rendered untenantable, the damage shall be capable promptly repaired with due diligence by the County at its own cost and expense; and Concessionaire shall continue its operations with such reasonable accommodations as require by the circumstances.  If any of the building or space is rendered untenantable but capable of being repaired, restored or rebuilt repaired and made tenantable within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' , the County shall repair the damage with due diligence at its own cost and expense, and Concessionaire shall immediately resume its operations upon completion of repairs.  If within three (3) months after the building or space is completely destroyed or so damaged as to be untenantable, the building or space shall not have been substantially restored, then Concessionaire may by written notice to the other given within forty-five (45) days of the date of County cancel this Concession Agreement in its entirety and such destruction, demolition or damage, and in such event the Tenant cancellation shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and rent shall be apportioned relate back to the date of such damage, demolition the damage or destruction. (b) If .  Nothing in this Section shall apply to damages caused by the Leased Premises are destroyedwrongful act or negligence for which Concessionaire is legally liable. In that even, demolished or damages by fire or other cause Concessionaire shall, at its own cost and notice to terminate this Lease shall not have been given as provided under subparagraph (a) of this paragraph 14expense, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speedsuch damages, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder there shall be payable no reduction or abatement in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, rent. The County shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time notify Concessionaire within sixty (60) days of the occurrence of such destructioncasualty whether it intends to repair or reconstruct the damaged Leased Premises. If the County elects to repair or reconstruct, demolition it shall do so with due diligence and at its own cost and expense, unless such damage was caused by the negligence of the Concessionaire, its officials, employees, or damage until agents, in which case it shall be the substantial completion responsibility of repairs the Concessionaire to pay all loss, damage, and costs not covered by Concessionaires insurance proceeds. Should the County elect not to repair or reconstruct the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under Premises, this Lease Concession Agreement shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of terminate on the date of notification by the damage and which shall be final and binding and no appeal shall lie therefromCounty as specified in this paragraph for the untenantable portions of the Concessionaire’s Leased Premises. In such even, the County agrees to use its best efforts to obtain adequate substitute space for Concessionaire.

DAMAGE TO LEASED PREMISES. (a) If and whenever the Leased Premises shall be destroyed, demolished or damaged by fire or other cause to such an extent that the same shall not be capable with due diligence of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days of the date of such destruction, demolition or damage, and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If the Leased Premises are destroyed, demolished at any time destroyed or damages by damaged as a result of fire or any other cause occurrence insured against by the Landlord and notice not caused or contributed to terminate this Lease by the Tenant and such damage is such that, in the opinion of the Landlord, the Leased Premises can be rebuilt or restored and made fit for the purpose of the Tenant within one hundred and eighty (180) days of the happening of such damage or destruction then the following provisions shall not have been given as provided under subparagraph apply: (a) of this paragraph 14if the Leased Premises are rendered untenantable only in part, the Landlord shall proceed to diligently repair the Leased Premises, excluding Premises to the Tenantextent only of its obligations under Section 6.4 and Rent shall xxxxx proportionately to the portion of the Leased Premises rendered untenantable from the date of destruction or damage until the Landlord's fixtures, with all reasonable speed, and repairs have been substantially completed; (ib) if the destructionLeased Premises are rendered wholly untenantable, demolition or damage is such as the Landlord shall proceed to render diligently repair the Leased Premises wholly unfit for occupancy, all rent under this Lease to the extent only of its obligations pursuant to Section 6.4 and Rent shall cease xxxxx entirely from the time date of the occurrence thereof destruction or damage until the substantial completion of Landlord's repairs have been substantially completed; (c) if the Leased Premises are not rendered untenantable in whole or in part, the Landlord shall diligently perform such repairs to the Leased Premises to the extent only of its obligations under Section 6.4, but in such circumstances Rent shall not xxxxx; (d) upon being notified by the Landlord; (ii) if the destruction, demolition or damage is such Landlord that the Leased Premises can be partially used by Landlord's repairs have been substantially completed, the Tenant shall diligently perform all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by which are the Landlord; Tenant's responsibility under Section 7.1 and (iii) upon the substantial completion of repairs all other work required to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of fully restore the Leased Premises for use in the Tenant's business, whichever is in every case at the earlier. For greater certainty it is acknowledged Tenant's cost and agreed that without any contribution to such cost by the Landlord's work herein shall be funded only by insurance proceeds, and whether or not the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it Landlord has received at any time made any contribution to the insurer's authorization cost of supply, installation or construction of Improvements in the payment of such proceeds to it.Leased Premises; (ce) Any question as nothing in this Section shall require the Landlord to the extent of damage to or destruction of rebuild the Leased Premises in the condition which existed before any such damage or destruction occurred so long as the building Leased Premises as rebuilt will have reasonably similar facilities to those in the Leased Premises prior to such damage or destruction, having regard, however, to the age of the Building at such time; and (f) nothing in this Section shall be determined require the Landlord to undertake any repairs having a cost in excess of the insurance proceeds actually received by the Landlord's architect whose decision shall be available Landlord with respect to Tenant within fifteen (15) days of the date of the such damage and which shall be final and binding and no appeal shall lie therefromor destruction.

DAMAGE TO LEASED PREMISES. If at the inception of this lease or at any time thereafter (aincluding any renewal) If and whenever all or any part of the Leased Premises shall be destroyedso damaged or destroyed through any cause, demolished or damaged by fire or other cause than Xxxxxx's willful act as to such an extent that the same shall not be capable with due diligence of being repairedrendered unfit for Xxxxxx's occupancy, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destructionin Lessee's judgment, demolition or damage, then either the Landlord or the Tenant Lessee may terminate declare this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days of the date of such destruction, demolition or damage, and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord lease terminated and rent shall be apportioned payable only to the date of such the damage. Alternatively, demolition or destruction. (b) Lessee, in its sole discretion, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the Leased Premises are destroyed, demolished or damages by fire or other cause and notice to terminate this Lease shall not have been given as provided under subparagraph (a) inception of this paragraph 14, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with lease or at any time thereafter (including any renewal) all reasonable speed, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which Leased Premises shall be so slightly damaged through any cause, other than Xxxxxx's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Xxxxxx's occupancy, in Xxxxxx's judgment, Lessor shall repair the Leased Premises may be only partially used by with all reasonable promptness, at Lessor's expense, and the Tenantrent shall xxxxx fairly until repairs are completed. However, shall abatx xxxording if Xxxxxx fails to the nature and extent of the destruction, demolition promptly commence or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of to expeditiously complete repairs necessary to restore the Leased Premises by the Landlord; to their former condition, Lessee may declare this lease terminated and (iii) upon the substantial completion of repairs rent, including any fair abatement thereof, shall be payable only to the Leased Premises by date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the Landlord costs from rent, including any fair abatement. Lessee's decision as to whether all rent under this Lease shall recommence within fifteen (15) days, or upon the opening any part of the Leased Premises is fit or unfit for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein occupancy shall be funded only by insurance proceedsfinal, and the Landlordbut Xxxxxx's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of reasonable in the date of the damage and which shall be final and binding and no appeal shall lie therefromcircumstances.

DAMAGE TO LEASED PREMISES. If the Leased Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord’s sole opinion, be required (awhether or not the Leased Premises shall have been damaged by such casualty) or in the event there is less than two (2) years of the Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such casualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and whenever proceed with reasonable diligence to restore the Building, and the improvements located within the Leased Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit D; to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, Landlord’s obligation to restore the Building, and the improvements located within the Leased Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not be required to expend for the repair and restoration of the improvements located within the Leased Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the Allowance, if any, described in the Work Letter Agreement. When the repairs described in the preceding two sentences have been completed by Landlord, Tenant shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Leased Premises. Except as set forth above, all cost and expense of reconstructing the Leased Premises shall be destroyedborne by Tenant, demolished and Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord’s commencement of repair and restoration of the Leased Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the Landlord: Tenant: business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of Rent during the time and to the extent the Leased Premises are unfit for occupancy. If the Leased Premises or any other portion of the Property is damaged by fire or other cause to such an extent that casualty resulting from the same fault or negligence of Tenant or any of Tenant’s agents, employees, or invitees, the Rent hereunder shall not be capable with due diligence of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after diminished during the happening repair of such destruction, demolition or damage, then either damage and Tenant shall be liable to Landlord for the Landlord or cost of the Tenant may terminate this Lease upon thirty (30) days' written notice repair and restoration of the Property caused thereby to the other given within forty-five (45) days of the date of extent such destruction, demolition or damage, cost and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If the Leased Premises are destroyed, demolished or damages by fire or other cause and notice to terminate this Lease shall expense is not have been given as provided under subparagraph (a) of this paragraph 14, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only covered by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. If the Leased Premises shall at any time be wholly or partially destroyed or damaged, the following provisions shall apply. (a) If and whenever the Leased Premises shall be destroyed, demolished or damaged are not rendered unfit for the Tenant's use by fire or other cause to such an extent that the same shall not be capable with due diligence of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days of the date of such destruction, demolition or damage, and in such event Rent shall not abatx xxx the Tenant shall thereupon immediately surrender promptly repair the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destructionPremises. (b) If the Leased Premises are destroyed, demolished or damages by fire or other cause and notice rendered unfit for the Tenant's use to terminate this Lease an extent of less than fifty percent (50%) then RENT shall not have been given as provided under subparagraph (a) abatx xxxm the date of this paragraph 14, the Landlord shall repair damage in the proportion that the area rendered unfit bears to the area of the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of If the Leased Premises are rendered unfit for the Tenant's use to an extent of fifty per cent (50%) or more, then the building full amount of RENT shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of wholly abatx xxxm the date of the damage and the Tenant shall cease to carry on business on the Leased Premises. The Landlord may, at its option (without prejudice to its right of termination hereinafter expressed) permit the Tenant to carry on business in any portion of the Leased Premises which is fit for use on such terms as to payment of Rent and otherwise as the Landlord may specify. In the event the Leased Premises are rendered unfit for use to an extent of fifty per cent (50%) or more, the Landlord may elect to terminate this Lease by written notice to the Tenant given within ninety (90) days from the date of the damage, and in that event the Lease shall be final terminate effective from the date of the damage. (d) Whenever subsections (b) or (c) apply, unless the Landlord elects to terminate this Lease under subsection (c) or under Section 15.02, the Landlord shall commence diligently to reconstruct, rebuild or repair the building TO THE SAME CONDITION THAT EXISTED PRIOR TO THE DAMAGE and binding to the extent only of the Landlord's repair obligations under the Lease. In performing any reconstruction or repair, the Landlord may effect changes in the buildings, equipment or systems of the Project or minor changes in the location or area of the Leased Premises. The Landlord shall have no obligation to grant to the Tenant any Tenant's allowances to which it may have been entitled at the beginning of the Term. (e) Whenever subsections (b) or (c) apply and the Landlord has not elected to terminate this Lease, the Landlord shall give the Tenant written notice, WITHIN NINETY (90) DAYS FROM THE DATE OF THE DAMAGE, OF THE PERIOD REQUIRED BY THE LANDLORD TO COMPLETE the Landlord's reconstruction, rebuilding or repair of the Leased Premises to the extent that the Tenant can have access thereto or that no appeal Landlord's reconstruction. rebuilding or repair is required. Basic Rent shall lie therefromrecommence on the date or delivery of such notice and thereafter the Tenant shall proceed diligently to perform all Tenant's work to the extent of the Tenant's repair obligations under this Lease, and to perform all other work required to fully restore the Leased Premises. IN THE EVENT THE LANDLORD'S RECONSTRUCTION, REBUILDING OR REPAIR OF THE LEASED PREMISES CANNOT BE COMPLETED WITHIN ONE HUNDRED AND EIGHTY (180) DAYS OF THE DATE OF THE DAMAGE, THE TENANT MAY TERMINATE THIS LEASE BY WRITTEN NOTICE TO THE LANDLORD GIVEN WITHIN TEN (10) DAYS OF RECEIPT OF THE LANDLORD'S ESTIMATE AND IN SUCH EVENT RENT WILL ABATX XX OF THE DATE OF DAMAGE OR DESTRUCTION.

DAMAGE TO LEASED PREMISES. If the Leased Premises or any part thereof shall be damaged by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. In case the Building shall be so damaged that substantial alteration or reconstruction of the Building shall, in Landlord’s sole opinion, be required (awhether or not the Leased Premises shall have been damaged by such casualty) or in the event there is less than two (2) years of the Lease Term remaining or in the event Landlord’s mortgagee should require that the insurance proceeds payable as a result of a casualty be applied to the payment of the mortgage debt or in the event of any material uninsured loss to the Building, Landlord may, at its option, terminate this Lease by notifying Tenant in writing of such termination within ninety (90) days after the date of such casualty. If Landlord does not thus elect to terminate this Lease, Landlord shall commence and whenever proceed with reasonable diligence to restore the Building, and the improvements located within the Leased Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement attached hereto as Exhibit D; to substantially the same condition in which it was immediately prior to the happening of the casualty. Notwithstanding the foregoing, Landlord’s obligation to restore the Building, and the improvements located within the Leased Premises, if any, for which Landlord had financial responsibility pursuant to the Work Letter Agreement, shall not require Landlord to expend for such repair and restoration work more than the insurance proceeds actually received by the Landlord as a result of the casualty and Landlord’s obligation to restore shall be further limited so that Landlord shall not be required to expend for the repair and restoration of the improvements located within the Leased Premises, if any, for which Landord: JN Tenant: AS Landlord had financial responsibility pursuant to the Work Letter Agreement, more than the dollar amount of the Allowance, if any, described in the Work Letter Agreement. When the repairs described in the preceding two sentences have been completed by Landlord, Tenant shall complete the restoration of all improvements, including furniture, fixtures and equipment, which are necessary to permit Tenant’s reoccupancy of the Leased Premises. Except as set forth above, all cost and expense of reconstructing the Leased Premises shall be destroyedborne by Tenant, demolished and Tenant shall present Landlord with evidence satisfactory to Landlord of Tenant’s ability to pay such costs prior to Landlord’s commencement of repair and restoration of the Leased Premises. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the provisions of the next sentence, Landlord shall allow Tenant a fair diminution of Rent during the time and to the extent the Leased Premises are unfit for occupancy. If the Leased Premises or any other portion of the Property is damaged by fire or other cause to such an extent that casualty resulting from the same fault or negligence of Tenant or any of Tenant’s agents, employees, or invitees, the Rent hereunder shall not be capable with due diligence of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after diminished during the happening repair of such destruction, demolition or damage, then either damage and Tenant shall be liable to Landlord for the Landlord or cost of the Tenant may terminate this Lease upon thirty (30) days' written notice repair and restoration of the Property caused thereby to the other given within forty-five (45) days of the date of extent such destruction, demolition or damage, cost and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If the Leased Premises are destroyed, demolished or damages by fire or other cause and notice to terminate this Lease shall expense is not have been given as provided under subparagraph (a) of this paragraph 14, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only covered by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. (a) If and whenever the Leased Premises shall be destroyed, demolished or damaged by fire or other cause to such an extent that the same shall not be capable with due diligence of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days of the date of such destruction, demolition or damage, and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If the Leased Premises are destroyed, demolished or damages by fire or other cause and notice to terminate this Lease shall not have been given as provided under subparagraph (a) of this paragraph 14, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. (a) If and whenever all or part of the Leased Premises shall be destroyed, demolished or damaged are rendered untenantable by damage from fire or other cause to such casualty which, in the reasonable opinion of an extent that the same shall architect selected by Landlord, cannot be capable with due diligence substantially repaired under applicable laws and governmental regulations within ninety (90) days from the date of being repairedsuch casualty (employing normal construction methods without overtime or other premium and utilizing insurance proceeds recoverable by Landlord under its then existing insurance coverage), restored then either Landlord or rebuilt Tenant may elect to terminate this Lease as of the date of such casualty by written notice delivered to the other not more than ten (10) days after receipt of such architect's opinion. Landlord shall cause its architect to provide to Tenant, within a period of one hundred and twenty forty five (12045) days after the happening date of such destructioncasualty, demolition or notice of such architect's determination of the estimated time to repair any such damage. If such notice is not timely provided to Tenant, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to Landlord. In the other given within forty-five (45) days event of the termination of this Lease as provided by this Section 7.1, or by Section 7.3 below, the rent payable by Tenant hereunder shall xxxxx as of the date of such destruction, demolition or damage, and in such event the casualty. If neither Landlord nor Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If the Leased Premises are destroyed, demolished or damages by fire or other cause and notice to so terminate this Lease shall not have been given as provided under subparagraph (a) of this paragraph 14Lease, the Landlord shall repair the Leased Premisesforthwith at its own expense, excluding the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of insurance proceeds actually received by Landlord on account of such fire or other casualty, subject to the rights of any mortgagee, repair such damage, other than damage to improvements, furniture, chattels or destruction trade fixtures which do not belong to Landlord or which were originally constructed by Tenant, which shall be repaired by Tenant. Upon substantial completion of Landlord's work as aforesaid, Tenant shall promptly install its equipment, appliances, furniture, furnishings and other personal property in the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available as required to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefromconduct its business.

DAMAGE TO LEASED PREMISES. (a) If and whenever the Building or the Leased Premises shall be destroyed, demolished or are damaged by fire or any other cause cause, the following provisions shall apply: A. If the damage is to such an extent that the same cost of restoration, as estimated by Landlord, will equal or exceed 30% of the replacement value of the Building, or equal or exceed 30% of the value of the Leased Premises, in its condition just prior to the occurrence of the damage, Landlord may, no later than the 45th day following the damage, give Tenant notice stating that it elects to terminate this Lease. If such notice shall not be capable with due diligence given: (i) this /s/ MB ------- /s/ DW ------- Lease shall terminate on the third day after the giving of being repaired, restored or rebuilt said notice; (ii) Tenant shall surrender possession of the Premises within a period of one hundred reasonable time thereafter; and twenty (120iii) days after the happening of such destruction, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days rent and additional rent shall be apportioned as of the date of such destruction, demolition or damage, surrender and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and any rent paid for any period beyond said date shall be apportioned repaid to the date of such damage, demolition or destructionTenant. (b) B. If the Leased Premises are destroyedcost of restoration, demolished or damages as estimated by fire or other cause and notice to terminate this Lease shall not have been given as provided under subparagraph (a) of this paragraph 14, the Landlord shall repair amount to less than 30% of said replacement value of the Building or of the Leased Premises, excluding or if despite the cost Landlord does not elect to terminate this Lease, Landlord shall restore the Building and the Premises with reasonable promptness, subject to delays beyond Landlord's control and delays in the making of insurance adjustments by Landlord, and Tenant shall not have the right to terminate this Lease. Landlord need not restore fixtures, improvements or other personal property of Tenant. C. In any case in which the use of the Premises is affected by any damage to the Building, there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the premises are not reasonably usable for the purposes for which they are leased hereunder. The words "restoration" and "restore" as used in this paragraph shall include repairs. If the damage results from the fault of Tenant, or Tenant's fixturesagents, with all reasonable speedservants, and (i) if the destructionvisitors or licensees, demolition Tenant shall not be entitled to any abatement or damage is such as to render the Leased Premises wholly unfit for occupancyreduction of rent, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs except to the Leased Premises by extent, if any, that Landlord receives the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all proceeds of rent hereunder shall be payable insurance in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence lieu of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to itrent. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. (a) If and whenever the Leased Premises or any part thereof shall be partially damaged by fire or other casualty not due to Lessee’s negligence or willful act or that of Lessee’s employees, guests, agents, visitors, or possessions, the Leased Premises shall be destroyedpromptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, demolished and the extent to which, the Leased Premises may have been untenantable; but, if the Leased Premises shall be damaged other than by Xxxxxx’s negligence or damaged by fire willful act or other cause that of Lessee’s employees, guests, agents, visitors or possessions to such an the extent that Lessor shall decide not to rebuild or repair, in Lessors sole discretion, the same Term of this Lease shall end and the Rent shall be prorated up to the time of the damage. If the damage to the Leased Premises is due to the Lessee’s negligence or willful act or that of Lessee’s employees, agents, visitors, or possessions, the Rent shall not be capable with due diligence xxxxx. While Xxxxxx is in possession of being repairedthe Leased Premises, restored Xxxxxx is responsible for the repair of any and all damage to the Leased Premises brought about by Xxxxxx, Lessee’s employees, guests, agents, visitors, or rebuilt within a period of one hundred and twenty (120) days after possessions. Should the happening of such destructionLeased Premises become uninhabitable by casualty as described in this paragraph 7, demolition or damageLessor may, then either the Landlord or the Tenant may at Lessor’s option, terminate this Lease upon thirty (30) days' written notice or commence to repair the other given within forty-five (45) days of damages. Should the date of such destruction, demolition or damage, and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease Lessor elect to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If the Leased Premises are destroyed, demolished or damages by fire or other cause and notice to terminate this Lease shall not have been given as provided under subparagraph (a) of this paragraph 14, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, rent shall be abated and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease pro-rated from the time date of the occurrence thereof until the substantial completion of repairs casualty to the Leased Premises date of re-occupancy; provided, however, that during the repairs, Xxxxxx has vacated and removed Xxxxxx’s possessions as required by Lessor. The date of re-occupancy shall be the Landlord; (ii) if the destruction, demolition or damage is such date of notice that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording is repaired. Notwithstanding anything contained herein to the nature and extent contrary, Lessee shall immediately notify Lessor of the destruction, demolition or any damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to itPremises. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. (a) If and whenever In the event the Leased Premises shall be destroyed, demolished or and/or the Building are damaged by fire fire, the elements, act of God, or other cause to such an extent that either the same shall Leased Premises or the Building are rendered untenantable by Tenant, or more than fifty percent (50%) of the Building is rendered untenantable, and in the event Landlord elects not be capable with due diligence of being repaired, restored to rebuild the Leased Premises and the Building as they existed prior to the damage or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damagein some other manner satisfactory to Tenant, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to the other party given within forty-five thirty (4530) days of the date the damage occurred, and this Lease shall be canceled as of the date the damage occurred, and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event Landlord elects to rebuild the Leased Premises as they existed prior to the damage or in some other manner satisfactory to Tenant, then Landlord shall commence such rebuilding within thirty (30) days of the date of such destructiondamage and shall continue and complete such rebuilding as promptly as possible. Upon completion of such rebuilding, demolition or damage, and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to shall be reinstated in all of its terms; provided, however, the Landlord and rent shall be apportioned to xxxxx in full during the date period of such damage, demolition or destruction. (b) If rebuilding. In the event the Leased Premises are destroyed, demolished not damaged to such extent that they are rendered wholly untenantable by Tenant or damages by fire or other cause and notice to terminate this Lease shall not have been given as provided under subparagraph more than fifty percent (a50%) of this paragraph 14the Building is rendered untenantable, then Tenant shall continue to occupy that portion of the Leased Premises which are tenantable, the rent shall xxxxx proportionately to the portion occupied, and Landlord shall repair promptly commence and complete repairs to the portion damaged. In no event and under no circumstances shall Landlord be liable to Tenant for any loss occasioned by damage to the Leased Premises, excluding other than for the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such abatement of rent as to render the Leased Premises wholly unfit for occupancy, all provided in this Paragraph 14. Under no circumstances shall there be any abatement of rent under this Lease shall cease from Paragraph 14 if the time of the occurrence thereof until the substantial completion of repairs damage to the Leased Premises is caused by the Landlord; (ii) if the destruction, demolition acts or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part negligence of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destructionits agents, demolition employees or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to itinvitees. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. (a) If and whenever In the event the Leased Premises shall be destroyed, demolished or Building are damaged by fire fire, the elements, acts of God, or other cause to such an extent that the same shall not be capable with due diligence Leased Premises are rendered un-tenantable by Tenant or more than fifty percent (50%) of being repairedthe Building is rendered un-tenantable, restored or rebuilt within a period of one hundred and twenty (120) days after to such extent that the happening of such destructioninsurance proceeds are insufficient to rebuild and/or repair the Leased Premises and/or Building, demolition or damage, then either the Landlord or the Tenant may elect to terminate this Lease upon Lease. In the event Landlord or Tenant elects to terminate this Lease, the electing party, within thirty (30) days' written notice to the other given within forty-five (45) days of the date the damage occurred, shall notify the other party in writing of such destruction, demolition or damageelection, and in such event this Lease shall be canceled as of the date the damage occurred, and Landlord and Tenant shall thereupon immediately surrender have no further obligations by reason of its provisions. In the event neither party elects to terminate this Lease, Landlord shall commence such rebuilding, and shall continue and complete such rebuilding, as promptly as reasonably possible. Upon completion of such rebuilding, this Lease shall be reinstated in all of its terms; provided, however, that during the period of such rebuilding, the rent shall xxxxx in proportion to that portion of the Leased Premises and this Lease rendered un-tenantable. In the event the Leased Premises or Building are not damaged to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If extent that the Leased Premises are destroyed, demolished or damages rendered wholly un-tenantable by fire or other cause Tenant and notice to terminate this Lease shall is not have been given otherwise terminated as provided under subparagraph (a) above, then Tenant shall continue to occupy those portions of this paragraph 14the Leased Premises which are tenantable, the rent shall xxxxx in proportion to the portion of the Leased Premises rendered un-tenantable, and Landlord shall commence and complete repairs to the portions damaged as promptly as reasonably possible. In the event the Leased Premises or Building are damaged to such extent that the Leased Premises are rendered wholly un-tenantable by Tenant for any period of time and this Lease is not otherwise terminated as provided above, then Tenant shall receive a rent abatement for those number of days the Leased Premises was un-tenantable in order to allow Landlord to repair or make improvements for the damage. Landlord shall promptly notify Tenant that the Leased Premises is ready for Tenant to return. The rent abatement shall be determined by dividing the rent for the Leased Premises by 30 and multiplying that number by the number of days the Leased Premises was rendered wholly un-tenantable as determined by Landlord. The rent abatement shall be applied as a credit to the following month’s rent. In no event shall Landlord be liable to Tenant for any loss occasioned by damage to the Leased Premises. Notwithstanding the foregoing, excluding the Tenant's fixtures, with all reasonable speed, and (i) Xxxxxx’s rent shall not xxxxx under this Paragraph 14 if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises is caused by the Landlord; (ii) if the destruction, demolition acts or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part negligence of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destructionits agents, demolition employees or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to itinvitees. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. (a) If and whenever the Building or the Leased Premises shall be destroyed, demolished or are damaged by fire or any other cause cause, the following provisions shall apply: A. If the damage is to such an extent that the same cost of restoration, as estimated by Landlord, will equal or exceed 30% of the replacement value of the Building, or equal or exceed 30% of the value of the Leased Premises, in its condition just prior to the occurrence of the damage, Landlord may, no later than the 60th day following the damage, give Tenant notice stating that it elects to terminate this Lease. If such notice shall not be capable with due diligence given: (i) this Lease shall terminate on the third day after the giving of being repaired, restored or rebuilt said notice; (ii) Tenant shall surrender possession of the Premises within a period of one hundred reasonable time thereafter; and twenty (120iii) days after the happening of such destruction, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days rent and additional rent shall be apportioned as of the date of such destruction, demolition or damage, surrender and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and any rent paid for any period beyond said date shall be apportioned repaid to the date of such damage, demolition or destructionTenant. (b) B. If the Leased Premises are destroyedcost of restoration, demolished as estimated by Landlord, shall amount to less than 30% of said replacement value of the Building or damages by fire or other cause and notice to terminate this Lease shall not have been given as provided under subparagraph (a) of this paragraph 14, the Landlord shall repair the Leased Premises, excluding or if despite the cost Landlord does not elect to terminate this Lease, Landlord shall restore the Building and the Premises with reasonable promptness, subject to delays beyond Landlord's control and delays in the making of insurance adjustments by Landlord, and Tenant shall not have the right to terminate this Lease. Landlord need not restore fixtures, improvements or other personal property of Tenant. C. In any case in which the use of the Premises is affected by any damage to the Building, there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the premises are not reasonably usable for the purposes for which they are leased hereunder. The words "restoration" and "restore" as used in this paragraph shall include repairs. If the damage results from the fault of Tenant, or Tenant's fixturesagents, with all reasonable speedservants, and (i) if the destructionvisitors or licensees, demolition Tenant shall not be entitled to any abatement or damage is such as to render the Leased Premises wholly unfit for occupancyreduction of rent, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs except to the Leased Premises by extent, if any, that Landlord receives the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all proceeds of rent hereunder shall be payable insurance in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence lieu of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to itrent. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and which shall be final and binding and no appeal shall lie therefrom.

DAMAGE TO LEASED PREMISES. (a) If and whenever In the event the Leased Premises shall be destroyed, demolished or are damaged by fire fire, the elements, act of God, or other cause to such an extent that they are rendered untenantable by Tenant, and in the same shall event Landlord elects not be capable with due diligence of being repaired, restored to rebuild the Leased Premises as they existed prior to the damage or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damagein some other manner satisfactory to Tenant, then either the Landlord or the Tenant may terminate this Lease upon Landlord, within thirty (30) days' written notice days of the date the damage occurred, shall notify Tenant in writing of such election, and this Lease shall be canceled as of the date the damage occurred, and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event Landlord elects to rebuild the Leased Premises as they existed prior to the damage or in some other given manner satisfactory to Tenant, then Landlord shall commence such rebuilding within forty-five thirty (4530) days of the date of such destructiondamage and shall continue and complete such rebuilding as promptly as possible. Upon completion of such rebuilding, demolition or damagethis Lease shall be reinstated in all of its terms; provided, and however, the rent shall axxxx in full during the period of such rebuilding. Notwithstanding anything contained in this paragraph to the contrary, in the event the premises are rendered untenantable by any of the above-mentioned causes, Tenant shall thereupon immediately surrender have the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If the Leased Premises are destroyed, demolished or damages by fire or other cause and notice option to terminate this Lease shall not have been given effective as provided under subparagraph (a) of this paragraph 14, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part date of the period during which the Leased Premises may be only partially used damage, by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the providing Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant with written notice within fifteen (15) days of the date the damage occurred. In the event the Leased Premises are not damaged to such extent that they are rendered wholly untenantable by Tenant, then Tenant shall continue to occupy that portion of the Leased Premises which are tenantable, the rent shall axxxx proportionately to the portion occupied, and Landlord shall promptly commence and complete repairs to the portion damaged. In no event and under no circumstances shall Landlord be liable to Tenant for any loss occasioned by damage to the Leased Premises, other than for the abatement of rent as provided in this Paragraph 14, and which under no circumstances shall there be final and binding and no appeal shall lie therefromany abatement of rent under this Paragraph 14 if the damage to the Leased Premises is caused by the negligence or willful misconduct of Tenant, its agents or employees.

DAMAGE TO LEASED PREMISES. (a) If and whenever the Leased Premises shall at any time be destroyedwholly or partially destroyed or damaged, demolished or damaged the following provisions shall apply: a) If the Leased Premises are not rendered unfit for the Tenant's use by fire or other cause to such an extent that the same shall not be capable with due diligence of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days of the date of such destruction, demolition or damage, Rent shall not xxxxx and in such event the Tenant shall thereupon immediately surrender promptly repair the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destructionPremises. (b) If the Leased Premises are destroyedrendered unfit for the Tenant's use to an extent of less than fifty percent, demolished or damages by fire or then Basic Rent (but not any other cause and notice Rent) shall xxxxx from the date of the damage in the proportion that the area rendered unfit bears to terminate this Lease shall not have been given as provided under subparagraph (a) the area of this paragraph 14, the Landlord shall repair the Leased Premises, excluding . c) If the Leased Premises are rendered unfit for the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such as use to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and an extent of fifty percent or more, then the destruction, demolition or damage full amount of Basic Rent (but not any other Rent) shall wholly xxxxx from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage and the Tenant shall cease to carry on business on the Leased Premises. The Landlord may, at its option (without prejudice to its right of termination hereinafter expressed) permit the Tenant to carry on business in any portion of the Leased Premises which is fit for use on such terms as to payment of Rent and otherwise as the Landlord may specify. In the event the Leased Premises are rendered unfit for use to an extent of fifty percent or more, the Landlord may elect within ninety days from the date of the damage to terminate this Lease, (of which election the Landlord shall be final give the Tenant prompt notice) and binding and no appeal in that event, the Lease shall lie therefromterminate effective from the date of the damage.

DAMAGE TO LEASED PREMISES. (a) If and whenever In the event the Leased Premises shall be destroyed, demolished or and/or the Building are damaged by fire fire, the elements, or other cause to such an extent that either the same shall not be capable with due diligence Leased Premises are rendered untenantable by Tenant or more than fifty percent (50%) of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damageBuilding is rendered untenantable, then either the Landlord or the Tenant party may terminate this Lease upon written notice given within thirty (30) days' written notice to the other given within forty-five (45) days of the date the damage occurred and Landlord and Tenant shall have no further obligations by reason of its provisions. In the event of such destructiona termination, demolition or damage, Base Rent and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and rent Additional Rent shall be apportioned prorated to the date of such damagedamage and Tenant shall have not less than thirty (30) days after delivery of the notice of termination to vacate the Leased Premises. In the event this Lease is not so terminated, demolition or destruction. (b) If Landlord shall as soon as reasonably possible rebuild the Building and the Leased Premises are destroyedto substantially the condition that existed prior to the damage or in some other manner satisfactory to Tenant. Upon completion of such rebuilding, demolished or damages by fire or other cause and notice to terminate this Lease shall not have been given as provided under subparagraph (a) be reinstated in all of this paragraph 14its terms; provided, however, the Landlord rent shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable abatx xx full during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of the date of the damage to the date of completion. In the event the Leased Premises and the Building are not damaged to such extent that the Leased Premises are rendered wholly untenantable by Tenant or more than fifty percent (50%) of the Building is rendered untenantable, then Tenant shall continue to occupy that portion of the Leased Premises which are tenantable, the rent shall abatx xxxportionately to the portion occupied, and Landlord shall promptly commence and complete repairs to the portions damaged. In no event and under no circumstances shall Landlord be final and binding and no appeal shall lie therefromliable to Tenant for any loss occasioned by damage to the Leased Premises, other than for the abatement of rent as provided in this Paragraph 15, except to the extent of property damage resulting from the negligence of Landlord, its agents or employees which is not otherwise covered by insurance required to be carried by Tenant under this Lease.

DAMAGE TO LEASED PREMISES. (a) If and whenever the Leased Premises shall be destroyed11.1 Landlord’s Duty to Restore: Except as set forth above, demolished or damaged by fire or other cause to such an extent that the same shall not be capable with due diligence of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days of the date of such destruction, demolition or damage, and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If if the Leased Premises are destroyeddamaged by any peril after the Commencement Date of this Lease, demolished Landlord shall restore the Leased Premises unless the Lease is terminated pursuant to this Article. All insurance proceeds available from fire and property damage insurance carried by Landlord pursuant to Article 9 shall be paid to and become the property of Landlord subject to Landlord’s restoration obligations set forth in this Article 11. If this Lease is terminated pursuant to this Article then all insurance proceeds available from insurance carried by Tenant which covers loss to property that is Landlord’s property or damages by fire or other cause and notice to terminate would become Landlord’s property on the termination of this Lease shall be paid to and become the property of Landlord, provided that Tenant shall be entitled to retain insurance proceeds applicable to the portion of the Leasehold Improvements paid for Tenant. If this Lease is not have been given as provided under subparagraph so terminated, then upon receipt of the insurance proceeds (aif the loss is covered by insurance) and the issuance of this paragraph 14all necessary governmental permits, the Landlord shall repair commence and diligently prosecute to completion the restoration of the Leased Premises, excluding to the Tenant's fixturesextent then allowed by Law, with all reasonable speed, and (i) if to substantially the destruction, demolition or damage is such as to render same condition in which the Leased Premises wholly unfit for occupancy, all rent under this Lease were immediately prior to such damage. Landlord’s obligation to restore shall cease from the time of the occurrence thereof until the substantial completion of repairs be limited to the Leased Premises as they existed as of the Commencement Date, excluding any Leasehold Improvements, Trade Fixtures, and/or personal property constructed or installed by Tenant in the Landlord; (ii) if the destruction, demolition or damage is Leased Premises. Tenant shall forthwith perform such that improvements in the Leased Premises can be partially used by as are necessary to restore any damage to the Tenant all rent hereunder shall be payable in accordance with the terms hereofImprovements, provided that rent payable during Tenant shall not be required to spend more than the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by the Landlord; and (iii) upon the substantial completion of repairs to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of the Leased Premises for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein shall be funded only by insurance proceeds, and the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15or that would have been available to Tenant had Tenant maintained the insurance required to be carried by Tenant under Section 9.1 above) days of the date of the damage and which shall be final and binding and no appeal shall lie therefromin connection with such damage.

DAMAGE TO LEASED PREMISES. (a) If and whenever the Leased Premises shall be destroyed, demolished or damaged by fire or other cause to such an extent that the same shall not be capable with due diligence of being repaired, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destruction, demolition or damage, then either the Landlord or the Tenant may terminate this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days of the date of such destruction, demolition or damage, and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord and rent shall be apportioned to the date of such damage, demolition or destruction. (b) If the Leased Premises are destroyed, demolished at any time ------------------------- destroyed or damages by damaged as a result of fire or any other cause occurrence insured against by the Landlord and notice not caused or contributed to terminate this Lease by the Tenant and such damage is such that, in the opinion of the Landlord, the Leased Premises can be rebuilt or restored and made fit for the purpose of the Tenant within one hundred and eighty (180) days of the happening of such damage or destruction then the following provisions shall not have been given as provided under subparagraph apply: (a) of this paragraph 14if the Leased Premises are rendered untenantable only in part, the Landlord shall proceed to diligently repair the Leased Premises, excluding Premises to the Tenantextent only of its obligations under Section 6.04 and Rent shall xxxxx proportionately to the portion of the Leased Premises rendered untenantable from the date of destruction or damage until the Landlord's fixtures, with all reasonable speed, and repairs have been substantially completed; (ib) if the destructionLeased Premises are rendered wholly untenantable, demolition or damage is such as the Landlord shall proceed to render diligently repair the Leased Premises wholly unfit for occupancy, all rent under this Lease to the extent only of its obligations pursuant to Section 6.04 and Rent shall cease xxxxx entirely from the time date of the occurrence thereof destruction or damage until the substantial completion of Landlord's repairs have been substantially completed; (c) if the Leased Premises are not rendered untenantable in whole or in part, the Landlord shall diligently perform such repairs to the Leased Premises to the extent only of its obligations under Section 6.04, but in such circumstances Rent shall not xxxxx; (d) upon being notified by the Landlord; (ii) if the destruction, demolition or damage is such Landlord that the Leased Premises can be partially used by Landlord's repairs have been substantially completed, the Tenant shall diligently perform all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which the Leased Premises may be only partially used by the Tenant, shall abatx xxxording to the nature and extent of the destruction, demolition or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of repairs to the Leased Premises by which are the Landlord; Tenant's responsibility under Section 7.01 and (iii) upon the substantial completion of repairs all other work required to the Leased Premises by the Landlord all rent under this Lease shall recommence within fifteen (15) days, or upon the opening of fully restore the Leased Premises for use in the Tenant's business, whichever is in every case at the earlier. For greater certainty it is acknowledged Tenant's cost and agreed that without any contribution to such cost by the Landlord's work herein shall be funded only by insurance proceeds, and whether or not the Landlord's work shall accordingly be delayed until its claims under such insurance have been accepted and it Landlord has received at any time made any contribution to the insurer's authorization cost of supply, installation or construction of Improvements in the payment of such proceeds to it.Leased Premises; (ce) Any question as nothing in this Section shall require the Landlord to the extent of damage to or destruction of rebuild the Leased Premises in the condition which existed before any such damage or destruction occurred so long as the building Leased Premises as rebuilt will have reasonably similar facilities to those in the Leased Premises prior to such damage or destruction, having regard, however, to the age of the Building at such time; and (f) nothing in this Section shall be determined require the Landlord to undertake any repairs having a cost in excess of the insurance proceeds actually received by the Landlord's architect whose decision shall be available Landlord with respect to Tenant within fifteen (15) days of the date of the such damage and which shall be final and binding and no appeal shall lie therefromor destruction.

DAMAGE TO LEASED PREMISES. If at the inception of this Lease or at any time thereafter (aincluding any renewal) If and whenever all or any part of the Leased Premises shall be destroyedso damaged or destroyed through any cause, demolished or damaged by fire or other cause than Xxxxxx's willful act as to such an extent that the same shall not be capable with due diligence of being repairedrendered unfit for Xxxxxx's occupancy, restored or rebuilt within a period of one hundred and twenty (120) days after the happening of such destructionin Xxxxxx's judgment, demolition or damage, then either the Landlord or the Tenant Lessee may terminate declare this Lease upon thirty (30) days' written notice to the other given within forty-five (45) days of the date of such destruction, demolition or damage, and in such event the Tenant shall thereupon immediately surrender the Leased Premises and this Lease to the Landlord terminated and rent shall be apportioned payable only to the date of such the damage. Alternatively, demolition or destruction. (b) Lessee, in its sole discretion, may continue to occupy any portion useful to it, and the rent shall xxxxx in proportion to the portions not useful to Lessee. If at the Leased Premises are destroyed, demolished or damages by fire or other cause and notice to terminate inception of this Lease shall not have been given as provided under subparagraph or at any time thereafter (aincluding any renewal) of this paragraph 14, the Landlord shall repair the Leased Premises, excluding the Tenant's fixtures, with all reasonable speed, and (i) if the destruction, demolition or damage is such as to render the Leased Premises wholly unfit for occupancy, all rent under this Lease shall cease from the time of the occurrence thereof until the substantial completion of repairs to the Leased Premises by the Landlord; (ii) if the destruction, demolition or damage is such that the Leased Premises can be partially used by the Tenant all rent hereunder shall be payable in accordance with the terms hereof, provided that rent payable during the whole or any part of the period during which Leased Premises shall be so slightly damaged through any cause, other than Xxxxxx's willful act, ordinary wear and tear or repair subject to routine maintenance, as not to be rendered unfit for Xxxxxx's occupancy, in Lessee's judgment, Lessor shall repair the Leased Premises may be only partially used by with all reasonable promptness, at Lessor's expense, and the Tenantrent shall xxxxx fairly until repairs are completed. However, shall abatx xxxording if Xxxxxx fails to the nature and extent of the destruction, demolition promptly commence or damage from the time of the occurrence of such destruction, demolition or damage until the substantial completion of to expeditiously complete repairs necessary to restore the Leased Premises by the Landlord; to their former condition, Lessee may declare this Lease terminated and (iii) upon the substantial completion of repairs rent, including any fair abatement thereof, shall be payable only to the Leased Premises by date of termination. Alternatively, if Lessor fails to promptly commence or to expeditiously complete repairs, Lessee, in its sole discretion, may perform or cause to be performed such repairs, and may deduct the Landlord costs from rent, including any fair abatement. Lessee's decision as to whether all rent under this Lease shall recommence within fifteen (15) days, or upon the opening any part of the Leased Premises is fit or unfit for business, whichever is the earlier. For greater certainty it is acknowledged and agreed that the Landlord's work herein occupancy shall be funded only by insurance proceedsfinal, and the Landlordbut Xxxxxx's work shall accordingly be delayed until its claims under such insurance have been accepted and it has received the insurer's authorization of the payment of such proceeds to it. (c) Any question as to the extent of damage to or destruction of the Leased Premises or the building shall be determined by the Landlord's architect whose decision shall be available to Tenant within fifteen (15) days of reasonable in the date of the damage and which shall be final and binding and no appeal shall lie therefromcircumstances.