Common use of DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS Clause in Contracts

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. CONTRACTOR shall be responsible for any damage caused by CONTRACTOR, or CONTRACTOR’s employees or Contractors to Airport facilities, including but not limited to roadways, access roads, PARCS equipment, signs, and parking spaces. Should such damage require immediate repairs or replacement and CONTRACTOR is unable to respond immediately to complete said repairs or replacement, COUNTY Project Coordinator may cause to be made or make any necessary repairs or replacements and the cost thereof shall be paid by CONTRACTOR. Said cost shall include all labor, materials, equipment and an administrative fee equal to 15% of the sum of those items. Said cost shall be paid by CONTRACTOR within 15 days of receipt of an invoice for costs from COUNTY Project Coordinator. In the event of damage to or destruction of CONTRACTOR-owned or constructed buildings, facilities or improvements located within the Operating Area or in the event CONTRACTOR- owned or constructed buildings, facilities, or improvements located within the Operating Area are declared unsafe or unfit for use or occupancy by COUNTY or any other public entity with jurisdiction to make and enforce such a declaration, CONTRACTOR shall, within 30 days, commence and diligently pursue completion of the repair, replacement or reconstruction of improvements to the same size and floor area as they existed immediately prior to the event causing the damage or destruction, as necessary to permit full use and occupancy of the Operating Area for the purposes required by the CONTRACT. Repair, replacement or reconstruction or improvements within the Operating Area shall be accomplished in a manner and according to plans approved by COUNTY Project Coordinator. Termination of this CONTRACT shall not reduce or nullify CONTRACTOR’s obligation under this section except as otherwise provided herein. With respect to damage or destruction to be repaired by COUNTY or which COUNTY elects to repair, CONTRACTOR waives and releases its rights under CALIFORNIA CIVIL CODE Sections 1932(2) and 1933(4).

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. CONTRACTOR shall be responsible for any damage caused by CONTRACTOR, or CONTRACTOR’s employees 's equipment, employees, agents, visitors or Contractors suppliers, to Airport common use areas of JWA facilities, including but not limited to roadwaysrunways, taxiways, access roads, PARCS equipmentnavigational aids, signs, apron areas and parking spacesloading bridges. Should such damage require immediate repairs or replacement and CONTRACTOR is unable to respond immediately to complete said repairs or replacement, COUNTY Project Coordinator may cause to be made or make any necessary repairs or replacements and the cost thereof shall be paid by CONTRACTOR. Said cost shall include all labor, materials, equipment and an administrative fee equal to fifteen percent (15% %) of the sum of those items. Said cost shall be paid by CONTRACTOR within 15 days of receipt of an invoice for costs from COUNTY Project CoordinatorCOUNTY. In the event of damage to or destruction of CONTRACTOR-owned or constructed buildings, facilities or improvements located within the Operating Area or in the event CONTRACTOR- CONTRACTOR-owned or constructed buildings, facilities, or improvements located within the Operating Area are declared unsafe or unfit for use or occupancy by the COUNTY or any other public entity with jurisdiction to make and enforce such a declaration, CONTRACTOR shall, within 30 thirty (30) days, commence and diligently pursue completion of the repair, replacement or reconstruction of improvements to the same size and floor area as they existed immediately prior to the event causing the damage or destruction, as necessary to permit full use and occupancy of the Operating Area for the purposes required by the this CONTRACT. Repair, replacement or reconstruction or improvements within the Operating Area shall be accomplished in a manner and according to plans approved by COUNTY Project CoordinatorCOUNTY. Termination Except as otherwise provided herein, termination of this CONTRACT shall not reduce or nullify CONTRACTOR’s 's obligation under this section except as otherwise provided hereinparagraph. With respect to damage or destruction to be repaired by COUNTY or which COUNTY elects to repair, CONTRACTOR waives and releases its rights under CALIFORNIA CIVIL CODE Sections 1932(2) and 1933(4).

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. CONTRACTOR If Landlord's improvements on the Leased Premises shall be responsible damaged or rendered untenantable by fire or other casualty, the Landlord shall within thirty (30) days from the date of said damage or destruction commence to repair or replace said improvements, according to the condition and use of the property prior to said damage or destruction so that the Tenant may continue with occupancy and the same shall be completed within one hundred twenty (120) days thereafter. However, Landlord's obligation to pay for cost of rebuilding or repairing any such damage caused or destruction to the improvements located on the Leased Premises shall be limited to the insurance monies payable by CONTRACTORreason of such damage or destruction and if the cost of repairing or replacing said improvements according to the condition and use of the Leased Premises prior to said damage shall exceed this amount this Lease shall terminate immediately and Landlord shall be entitled to keep all insurance proceeds as compensation for damage done to the Leased Premises unless Tenant, upon written notification by Landlord of the amount of the excess elects in writing to itself pay such excess. It is further agreed that the Rent herein required to be paid shall axxxx during said period of untenantability or if the improvements shall be damaged but not rendered untenantable thereby, the Rent shall axxxx in an amount appropriate to the decrease in the utility of the Leased Premises. In the event Landlord has not commenced construction or has not notified Tenant that he intends to commence construction within thirty (30) days from the date of such damage, then, and in that event, Tenant may either (a) terminate this Lease by giving written notice of such termination in accordance with Article 28 hereof, or CONTRACTOR’s employees (b) thereupon and without further notice to Landlord commence to repair or Contractors replace said building with Tenant having access to Airport facilities, including but not limited to roadways, access roads, PARCS equipment, signs, and parking spaces. Should the insurance proceeds available by reason of such damage require immediate repairs or replacement and CONTRACTOR is unable to respond immediately to complete destruction. In the event Tenant makes said repairs or replacementreplacements, COUNTY Project Coordinator may cause to be made or make any necessary repairs or replacements and the cost thereof Landlord shall be paid by CONTRACTOR. Said cost liable to the Tenant for any and all costs and expenses of Tenant in making the same and Landlord shall include all labor, materials, equipment be required to reimburse Tenant for any such costs and an administrative fee equal to 15% expenses of Tenant for any costs which Tenant expends for replacement or repair of the sum improvements plus 12% (which shall not be in excess of those itemsthe insurance proceeds payable by reason of such damage or destruction). Said cost If Landlord fails to reimburse Tenant within thirty (30) days after receiving Tenant's invoice Tenant shall have the right to deduct this amount of the invoice from Rent payments due to Landlord and/or institute legal action at law or equity to recover its expense. It is agreed by the parties that if the building cannot be replaced or repaired within one hundred twenty (120) days after such damage to the building, due to the inability of either party to obtain materials or labor needed, strikes or acts of God or governmental restrictions that would prohibit, limit, or delay said construction, then the time for completion of said repairs and replacement shall be paid by CONTRACTOR extended accordingly, provided, however, that in any event, if the repair or replacement of the building has not been completed within 15 a period of one hundred eighty (180) days from the date of receipt of an invoice for costs from COUNTY Project Coordinatorsuch damage or destruction, Tenant may, at its option, and in addition to other remedies available to Tenant, elect to terminate this Lease. In the event of any damage to or destruction of CONTRACTOR-owned or constructed buildings, facilities or improvements located within the Operating Area or occurring in the event CONTRACTOR- owned or constructed buildings, facilities, or improvements located within the Operating Area are declared unsafe or unfit for use or occupancy by COUNTY or any other public entity with jurisdiction to make and enforce such a declaration, CONTRACTOR shall, within 30 days, commence and diligently pursue completion last six (6) months of the repairoriginal term of this Lease or during any extension of the term, replacement or reconstruction of improvements to the same size extent of fifty percent (50%) or more of the insurable value of the building, Tenant may, at its option, to be evidenced by notice in writing given to Landlord within thirty (30) days after the occurrence of such damage and floor area destruction, in lieu of repairing or replacing such building, elect to terminate this Lease as they existed immediately prior to of the event causing the date of said damage or destruction, as necessary to permit full use and occupancy of the Operating Area for the purposes required by the CONTRACT. Repair, replacement or reconstruction or improvements within the Operating Area shall be accomplished in a manner and according to plans approved by COUNTY Project Coordinator. Termination of this CONTRACT shall not reduce or nullify CONTRACTOR’s obligation under this section except as otherwise provided herein. With respect to damage or destruction to be repaired by COUNTY or which COUNTY elects to repair, CONTRACTOR waives and releases its rights under CALIFORNIA CIVIL CODE Sections 1932(2) and 1933(4).

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. CONTRACTOR If Premises shall be responsible for ---------------------------------------- rendered in LESSOR'S reasonable judgment untenantable by fire or other casualty during the term of this Lease or during any damage caused extension of the term, to the extent of fifty (50%) percent or more of the insurable value of the improvements on Premises, LESSOR, as evidenced by CONTRACTOR, or CONTRACTOR’s employees or Contractors notice in writing given to Airport facilities, including but not limited to roadways, access roads, PARCS equipment, signs, and parking spaces. Should LESSEE within thirty (30) days after the occurrence of either of such damage require immediate repairs or replacement and CONTRACTOR is unable destruction, may elect to respond immediately to complete said repairs or replacement, COUNTY Project Coordinator may cause to be made or make any necessary repairs or replacements and the cost thereof shall be paid by CONTRACTOR. Said cost shall include all labor, materials, equipment and an administrative fee equal to 15% terminate this Lease as of the sum date of those items. Said cost shall be paid by CONTRACTOR within 15 days of receipt of an invoice for costs from COUNTY Project Coordinatorthe damage. In the event LESSOR elects to terminate, LESSEE, at LESSOR'S option, shall remove equipment, and improvements installed by it from Premises, LESSEE shall have no other restoration obligation and the rent shall be apportioned as of damage the date of the casualty. If LESSOR elects not to or destruction of CONTRACTOR-owned or constructed buildings, facilities or improvements located within the Operating Area or in the event CONTRACTOR- owned or constructed buildings, facilitiesterminate, or damage is less than fifty percent (50%), rent will xxxxx while the improvements located are being restored by LESSOR and LESSEE with LESSOR being responsible for restoring the building and improvements and equipment owned by it and LESSEE being responsible for restoring improvements and equipment owned by it; provided, however, that LESSOR shall be under an affirmative obligation to restore Premises commencing within the Operating Area sixty (60) days after such casualty, provided all necessary permits are declared unsafe or unfit obtained, but in no event completed later than six (6) months thereafter. Upon commencement of production of pet food, rental payments will recommence. In any event, LESSOR shall be entitled to all proceeds of insurance (except for use or occupancy proceeds payable with respect to improvements and equipment owned by COUNTY or any other public entity with jurisdiction to make LESSEE) and enforce right of recovery against insurers on policies covering such a declaration, CONTRACTOR shall, within 30 days, commence and diligently pursue completion of the repair, replacement or reconstruction of improvements to the same size and floor area as they existed immediately prior to the event causing the damage or destruction. Prior to the substantial completion of LESSOR's repair obligations set forth herein, as necessary LESSOR shall provide LESSEE and LESSEE's contractors and agents access to permit full use and occupancy of the Operating Area Premises to perform work in order to ready Premises for the purposes required by conduct of LESSEE's business, provided that such parties do not materially interfere with the CONTRACT. Repair, replacement or reconstruction or improvements within the Operating Area shall be accomplished in a manner and according to plans approved by COUNTY Project Coordinator. Termination of this CONTRACT shall not reduce or nullify CONTRACTOR’s obligation under this section except as otherwise provided herein. With respect to damage or destruction repairs remaining to be repaired made by COUNTY LESSOR pursuant to the terms hereof. The term untenantable shall mean that LESSEE is unable to use Premises or which COUNTY elects such portion thereof for the conduct of its business in the normal course, including, without limitation, that LESSEE is unable to repair, CONTRACTOR waives and releases its rights under CALIFORNIA CIVIL CODE Sections 1932(2) and 1933(4)access Premises or services are not being delivered thereto.

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. CONTRACTOR Contractor shall be responsible for any damage caused by CONTRACTORContractor, or CONTRACTORContractor’s employees or Contractors to Airport facilities, including but not limited to roadways, access roads, PARCS equipment, signs, and parking spaces. Should such damage require immediate repairs or replacement and CONTRACTOR Contractor is unable to respond immediately to complete said repairs or replacement, COUNTY County Project Coordinator Manager may cause to be made or make any necessary repairs or replacements and the cost thereof shall be paid by CONTRACTORContractor. Said cost shall include all labor, materials, equipment and an administrative fee equal to 15% of the sum of those items. Said cost shall be paid by CONTRACTOR Contractor within 15 fifteen (15) days of receipt of an invoice for costs from COUNTY County Project CoordinatorManager. In the event of damage to or destruction of CONTRACTORContractor-owned or constructed buildings, facilities or improvements located within the Operating Area or in the event CONTRACTOR- Contractor- owned or constructed buildings, facilities, or improvements located within the Operating Area are declared unsafe or unfit for use or occupancy by COUNTY County or any other public entity with jurisdiction to make and enforce such a declaration, CONTRACTOR Contractor shall, within 30 thirty (30) days, commence and diligently pursue completion of the repair, replacement or reconstruction of improvements to the same size and floor area as they existed immediately prior to the event causing the damage or destruction, as necessary to permit full use and occupancy of the Operating Area for the purposes required by the CONTRACTContract. Repair, replacement or reconstruction or improvements within the Operating Area shall be accomplished in a manner and according to plans approved by COUNTY County Project CoordinatorManager. Termination of this CONTRACT Contract shall not reduce or nullify CONTRACTORContractor’s obligation under this section except as otherwise provided herein. With respect to damage or destruction to be repaired by COUNTY County or which COUNTY County elects to repair, CONTRACTOR Contractor waives and releases its rights under CALIFORNIA CIVIL CODE California Civil Code Sections 1932(2) and 1933(4).

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. CONTRACTOR If Landlord's improvements on the demised premises shall be responsible damaged or rendered untenantable by fire or other casualty, the Landlord shall within thirty (30) days from the date of said damage or destruction commence to repair or replace said improvements according to Tenant's the current plans and specifications so that the Tenant may continue with occupancy and the same shall be completed within sixty (60) days thereafter. However Landlord's obligation to 176 pay for the cost of rebuilding or repairing any such damage or destruction to the improvements located on the demised premises shall be limited to the insurance monies payable by reason of such damage or destruction and if the cost of repairing or replacing said improvements according to Tenant's then current plans and specifications shall exceed this amount it shall be Tenant's responsibility to either (a) pay to Landlord all additional monies required to pay for such repair or replacement (b) require Landlord to pay such excess and increase the base rental payable hereunder by thirteen (13%) percent of the costs incurred by Landlord which shall be in excess of the insurance monies payable. However, it is further agreed that the rent herein required to be paid shall xxxxx during said period of untenantability or if the improvements shall be damaged but not rendered untenantable thereby, the rental shall xxxxx in an amount proportionate to the decrease in the utility of the premises. In the event Landlord has not commenced construction, or has not notified Tenant that he intends to commence construction within fifteen ( 15) days from the date of such damage, then, and in that event, Tenant may either (a) terminate this Lease Agreement by giving written notice of such tenmination in accordance with Article 29 hereof, or (b) Tenant may thereupon and without further notice to Landlord commence to repair or replace said building with Tenant having access to the insurance proceeds, if any, available by reason of such damage or destruction. In the event Tenant makes such repairs or replacements, Landlord shall be Liable to the Tenant for any and all costs and expenses of Tenant in making the same and Landlord shall be required to reimburse Tenant for any such costs and expenses of Tenant for any costs which Tenant expends for replacement or repair of the improvements which shall be in excess of the insurance proceeds payable by reason of such damage caused or destruction. If Landlord fails to reimburse Tenant within thirty (30) days after receiving Tenant's invoice, Tenant shall have the right to deduct the amount of the invoice from rental payments due to Landlord and or institute legal action in Law or equity to recover its expenses. It is agreed by CONTRACTORthe parties that if the building cannot be replaced or repaired within ninety (90) days after such damage to the building, due to the inability of either party to obtain materials or labor needed, strikes or acts of God or governmental restrictions that would prohibit, limit, or CONTRACTOR’s employees delay said construction, then the time for completion of said repairs and replacements shall be extended accordingly, provided, that in any event, if the repair or Contractors to Airport facilitiesreplacement of the building has not been complete within a period of One Hundred Twenty (120) days from the date of such damage or destruction, including but not limited to roadways, access roads, PARCS equipment, signsTenant and/or Landlord may, and parking spaces. Should such damage require immediate repairs or replacement and CONTRACTOR is unable in addition to respond immediately other remedies available hereunder, elect to complete said repairs or replacement, COUNTY Project Coordinator may cause to be made or make any necessary repairs or replacements and the cost thereof shall be paid by CONTRACTOR. Said cost shall include all labor, materials, equipment and an administrative fee equal to 15% of the sum of those items. Said cost shall be paid by CONTRACTOR within 15 days of receipt of an invoice for costs from COUNTY Project Coordinatorterminate this Lease. In the event of any damage to or destruction of CONTRACTOR-owned or constructed buildings, facilities or improvements located within the Operating Area or occurring in the event CONTRACTOR- owned or constructed buildings, facilities, or improvements located within the Operating Area are declared unsafe or unfit for use or occupancy by COUNTY or any other public entity with jurisdiction to make and enforce such a declaration, CONTRACTOR shall, within 30 days, commence and diligently pursue completion last twelve (12) months of the repairoriginal term of this Lease or during any extension of the term, replacement or reconstruction of improvements to the same size and floor area as they existed immediately prior extent of fifty percent (50%) or more of the insurable value of the building, Tenant may, at its option, to be evidenced by notice in writing giving to the event causing Landlord within thirty (30) days after the occurrence of such damage or destruction, in lieu of repairing or replacing such building elect to terminate this lease as necessary to permit full use and occupancy of the Operating Area for the purposes required by the CONTRACTdate of said damage or destruction. Repair, replacement or reconstruction or improvements within the Operating Area shall be accomplished in a manner and according to plans approved by COUNTY Project Coordinator. Termination All insurance proceeds payable on account of this CONTRACT shall not reduce or nullify CONTRACTOR’s obligation under this section except as otherwise provided herein. With respect to such damage or destruction shall be paid to be repaired by COUNTY or which COUNTY elects to repair, CONTRACTOR waives and releases its rights under CALIFORNIA CIVIL CODE Sections 1932(2) and 1933(4)Landlord.

DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS. CONTRACTOR TENANT shall be responsible for any damage caused by CONTRACTORTENANT, or CONTRACTOR’s employees TENANT's equipment, employees, agents, invitees, visitors, or Contractors suppliers, to common use areas of the Terminal or Airport facilities, including but not limited to roadwaysrunways, taxiways, access roads, PARCS equipmentnavigational aids, signs, apron areas and parking spacesloading bridges. Should such damage require immediate repairs or replacement and CONTRACTOR TENANT is unable to respond immediately to complete said repairs or replacement, COUNTY Project Coordinator Airport Director may cause to be made or make any necessary repairs or replacements and the cost thereof shall be paid by CONTRACTORTENANT. Said cost shall include all labor, materials, equipment equipment, and an administrative fee equal to fifteen percent (15% %) of the sum of those items. Said cost shall be paid by CONTRACTOR TENANT within 15 fifteen (15) days of receipt of an invoice for costs from COUNTY Project CoordinatorAirport Director. In the event of damage to or destruction of CONTRACTORTENANT-owned or constructed buildings, facilities or improvements located within the Operating Area Leased Premises or in the event CONTRACTOR- TENANT-owned or constructed buildings, facilities, or improvements located within the Operating Area Leased Premises are declared unsafe or unfit for use or occupancy by COUNTY or any other public entity with jurisdiction to make and enforce such a declaration, CONTRACTOR TENANT shall, within 30 thirty (30) days, commence and diligently pursue completion of the repair, replacement or reconstruction of improvements to the same design, purpose, size and floor area as they existed immediately prior to the event causing the damage or destruction, as necessary to permit full use and occupancy of the Operating Area Leased Premises for the purposes required by the CONTRACTLease. DocuSign Envelope ID: 08CCD167-7182-44C7-A078-64D298D335A9 DocuSign Envelope ID: 837CBD05-D7F3-442C-BEDC-53BBB97E8583 Repair, replacement or replacement, reconstruction or improvements made within the Operating Area Leased Premises shall be accomplished in a manner and according to plans approved by COUNTY Project CoordinatorAirport Director. Termination Except as otherwise provided herein, termination of this CONTRACT Lease shall not reduce or nullify CONTRACTORTENANT’s obligation under this section except as otherwise provided hereinparagraph. With respect to damage or destruction to be repaired by COUNTY or which COUNTY elects to repair, CONTRACTOR TENANT waives and releases its rights under CALIFORNIA CIVIL CODE Sections 1932(2) and 1933(4).