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

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If the Premises are damaged by fire or other casualty or if the Building is so damaged thereby restricting the use of the Premises then the Rent will xxxxx in whole or in part according to the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualty, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Premises cannot be restored within 6 months of such damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice in writing of such decision and within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by notice in writing, the Term will expire forthwith, and the Tenant will vacate the Premises and surrender the same to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored within six months from the time of the fire or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its option, to be exercised within 10 days of the termination of said period of six months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following the fire or casualty.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If If, during the term of this Sublease, the Subleased Premises are damaged by fire fire, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of God, or other casualty so that the same are rendered wholly or if substantially unfit for occupancy, Sublessor shall promptly notify Sublessee whether the Building is so damaged thereby restricting the use of the Subleased Premises then the Rent will xxxxx in whole or in part according to the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualty, the damages to the Premises will can be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove fully fit for Sublessee's occupancy. If pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the said notice said Subleased Premises cannot be restored repaired within 6 months sixty (60) days from the time of such damage, then in any this Sublease, at the option of the Sublessor or Sublessee, may be terminated as of the date of such eventsdamage and any insurance proceeds under Section 9(a) of this Sublease agreement shall be paid to Sublessor. Likewise if a substantial portion of the Premises (but not a substantial portion of the Subleased Premises) are so damaged such that Sublessor determines that it will not repair such damages, and/or restore the premises, then Sublessor at its sole option may terminate this Sublease as of the date of last occupancy by Sublessee and any insurance proceeds under Section 9(a) shall be payable to Sublessor. In the event that Sublessor or Sublessee elects to terminate the Sublease, the Landlord will, within 45 days after such fire or other casualty, give Sublessee shall pay the rent apportioned to the Tenant a notice in writing time of such decision damage and within 30 days thereafter either shall immediately surrender the Landlord Subleased Premises to Sublessor who may enter upon and repossess the same. If neither the Sublessor or Tenant may elect the Sublessee elects to terminate this Lease by notice in writingthe Sublease, the Term will expire forthwith, and the Tenant will vacate Sublessor agrees to repair or replace as required such damage to the Premises and surrender the Subleased Premises (but not to any Sublessee improvements made by Sublessee to the extent it receives insurance proceeds), and this Sublease shall not be affected in any manner except that the rent shall be suspended and shall not accrue from the date of such damage until such repairs have been completed. If said Subleased Premises shall be so slightly damaged by any of the above casualties as not to be rendered unfit for occupancy to any substantial extent and the same to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored shall be repairable within six months sixty (60) days from the time of such damage, Sublessor shall repair the fire or other casualty causing Subleased Premises (but not Sublessee improvements made by Sublessee) to the extent it receives insurance proceeds, and during the period from the date of such damage until the repairs are completed the rent shall be apportioned so that Sublessee shall pay as rent an amount which bears the same ratio to the entire monthly rent as the portion of the Subleased Premises which Sublessee is able to occupy without disturbance during such period bears to the entire Premises. If the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at above casualties is so slight that Sublessee is not disturbed in its option, to be exercised within 10 days possession and enjoyment of the termination of said period of six months (Subleased Premises, then Sublessor shall repair the same promptly and in that case the rent accrued or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following the fire or casualtyaccruing shall not xxxxx.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 19.1 If the Premises are damaged by fire destroyed or other casualty or if the Building is so damaged thereby restricting that they can no longer be beneficially occupied, this lease shall terminate when that happens unless the use of the Premises then the Rent will xxxxx parties agree in whole or in part according to the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefromwriting otherwise. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualty, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 19.2 If the Premises are rendered untenantable by fire significantly damaged but can still be beneficially occupied, this lease shall remain in force and the Lessor shall repair the damage without undue delay, but the Rent shall be abated so as to compensate the Lessee fairly for the effects on the enjoyment of the Premises of the damage and repair work. Failing agreement on such abatement or other casualty and if on the Landlord decides not applicability of this clause to restore any particular circumstances, the same or if the Building is so damaged that the Landlord will decide not matter shall be referred to restore it or it is determined an expert appointed by the Landlordparties jointly or, acting reasonablyif they do not agree on such appointment, that nominated by the Building or President for the Premises cannot be restored within 6 months time being of such damage, then in any The Institute of such events, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice in writing Estate Agents of such decision and within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by notice in writing, the Term will expire forthwithSouth Africa, and the Tenant will vacate decision of such expert shall be final and binding. The expert’s fees and disbursements, including any inspection costs, shall be borne by the Premises parties in equal shares. Pending determination of the abatement the Lessee shall continue to pay the Rent in full as if there had been no damage (or be excused from the payment of the Rent), and surrender as soon as the same matter has been resolved the Lessor shall make the appropriate repayment to the Landlord. Lessee (or the Lessee shall make up the arrears in the Rent as abated). 19.3 If the Landlord does not give notice as aforesaid and any damage to the Premises or the Buildingdestruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in law, as the case may be, are other party shall not restored within six months from the time of the fire or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise be precluded by reason of adjustment of insurance on the part any of the Landlord on account aforegoing provisions of labour troubles this clause 19 from exercising or pursuing any alternative or additional right of action or remedy available to the latter party under the circumstances. 19.4 The aforegoing provisions of this clause 19 shall apply also to any damage to or the destruction of all or any other cause beyond of the Landlord’s control) Furniture which occurs together with any damage to or the Tenant may at its optiondestruction of the Premises, the aforegoing references to repairs to be exercised within 10 days read as including reference to the replacement of any items of the termination of said period of six months (Furniture which are destroyed or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following the fire or casualtyirreparably damaged.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If (a) If, during the Term, the Premises or any other portion of the Building (including, without limitation, the rooftop) is damaged by fire, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of God, or other casualty (collectively, a “Casualty”) so that the Premises are damaged by fire rendered wholly or other casualty substantially unfit for occupancy or unsuitable for the conduct of the Business, such that the Premises cannot be repaired within one hundred eighty (180) days from the time of such damage, then this Lease, at the option of the Landlord or Tenant, may be terminated as of the date of such damage. Landlord shall give Tenant written notice within thirty (30) days of the date of damage if such damage cannot be repaired within one hundred eighty (180) days and whether it will elect to terminate this Lease or repair or rebuild the Premises. Should Landlord notify Tenant that the damages cannot be repaired within one hundred eighty (180) days and that it has elected to perform such repairs, Tenant shall have thirty (30) business days from receipt of such notice to notify Landlord in writing that it has elected to terminate this Lease. Likewise if a substantial portion of the Building (but not a substantial portion of the Premises) is so damaged thereby restricting such that Landlord determines that it will not repair such damages, and/or restore the use Building, then Landlord at its sole option within sixty (60) days after such Casualty, may terminate this Lease upon written notice to Tenant. In the event that either Landlord or Tenant elects to terminate this Lease, then Tenant shall pay the Rent apportioned to the time of damage, and Tenant shall immediately surrender the Premises on the effective date of the termination of this Lease to Landlord who may enter upon and repossess the same and all further rights and obligations of the parties hereunder will terminate. If the Lease is not terminated pursuant to the terms hereof, Landlord shall repair or replace as required such damage to the Premises then (but not any tenant improvements made by Tenant) and this Lease shall not be affected in any manner, except that the Rent will xxxxx in whole shall be suspended from the date of such damage until the earlier of thirty (30) days from the date Landlord delivers the Premises to Tenant for the purpose of Tenant making tenant improvements thereto or in part according the date the Premises are substantially ready for occupancy by Tenant. (b) If said Premises shall be so slightly damaged by any Casualty as not to be rendered unfit for occupancy or unsuitable for the conduct of the Business to any substantial extent and the same shall be repairable within one hundred eighty (180) days from the time of such damage, Landlord shall repair the Premises (but not any tenant improvements made by Tenant) and during the period from the date of such damage until the repairs are completed the Rent shall be apportioned so that Tenant shall pay as Rent an amount which bears the same ratio to the entire monthly rent as the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate occupy or use for its business therefrom. 13.2 Except as provided in Section 12.3 if Business during such period bears to the Premises is damaged by fire or other casualtyentire Premises; provided, the damages however, Landlord shall not be required to make such repairs to the Premises will be repaired by if, due to damage to the Building, Landlord at determines, in its expense except reasonable discretion, that repairs it is not economically feasible to alterations repair the Premises. (c) If Landlord terminates this Lease following any Casualty or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant 12 below following any Taking, and in any event for any loss temporary relocation due to any Casualty or damage suffered by the Taking, Landlord shall use or shall cause its affiliates to use commercially reasonable efforts to provide Tenant as a result of any reasonable delay with comparable space in alternative premises to which may arise by reason of adjustment of insurance Landlord or CBS Radio relocates on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore substantially the same or if terms as this Lease. For purposes hereof, “comparable space” shall mean space sufficient for Tenant to operate the Building Business (as such term is so damaged that defined in the Landlord will decide not to restore it or it is determined by the LandlordAmended and Restated Trademark License Agreement, acting reasonably, that the Building or the Premises cannot be restored within 6 months of such damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice in writing of such decision and within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by notice in writing, the Term will expire forthwith, and the Tenant will vacate the Premises and surrender the same to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored within six months from the time of the fire or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its option, to be exercised within 10 days of the termination of said period of six months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease dated as of the day following the fire or casualtyeven date herewith, by and between CBS Radio and Tenant).

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 19.1 If the Premises are damaged by fire main residential Building on the Property is destroyed or other casualty or if the Building is so damaged thereby restricting that it can no longer be beneficially occupied, this lease shall terminate when that happens unless the use parties agree in writing otherwise. 19.2 If such Building or any other Building on the Property is significantly damaged but can still be beneficially occupied, this lease shall remain in force and the Lessor shall repair the damage without undue delay but the Rent shall be abated so as to compensate the Lessee fairly for the effects on the enjoyment of the Premises then Property of the damage and repair work. Failing agreement on such abatement or on the applicability of this clause to any particular circumstances, the matter shall be referred to an expert appointed by the parties jointly or, if they do not agree on such appointment, nominated by the President for the time being of The Institute of Estate Agents of South Africa, and the decision of such expert shall be final and binding. The expert’s fees and disbursements, including any inspection costs, shall be borne by the parties in equal shares. Pending determination of the abatement the Lessee shall continue to pay the Rent will xxxxx in whole full as if there had been no damage (or be excused from the payment of the Rent), and as soon as the matter has been resolved the Lessor shall make the appropriate repayment to the Lessee (or the Lessee shall make up the arrears in the Rent as abated). 19.3 If any damage to any of the Buildings or the destruction thereof is caused by an act or omission for which either party is responsible in terms of this lease or in part according to the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualtylaw, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will other party shall not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise precluded by reason of adjustment of insurance on the part any of the Landlord on account aforegoing provisions of labour troubles this clause 19 from exercising or pursuing any alternative or additional right of action or remedy available to the latter party under the circumstances. 19.4 The aforegoing provisions of this clause 19 shall apply also to any damage to, or the destruction of, all or any other cause beyond of the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not Furniture which occurs together with any damage to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Premises cannot be restored within 6 months destruction of such damage, then in the Buildings or any of such eventsthem, the Landlord will, within 45 days after such fire or other casualty, give aforegoing references to repairs to be read as including reference to the Tenant a notice in writing replacement of such decision and within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by notice in writing, the Term will expire forthwith, and the Tenant will vacate the Premises and surrender the same to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored within six months from the time any items of the fire Furniture which are destroyed or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its option, to be exercised within 10 days of the termination of said period of six months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following the fire or casualtyirreparably damaged.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If 14.1 If, during the Term of this Lease, the Leased Premises are shall be damaged by fire or other casualty or if to such an extent that the Building is so damaged thereby restricting repair of such damage and the use restoration of the Leased Premises then can be accomplished, with reasonable diligence, within one hundred eighty (180) days after such damage, Lessee shall promptly repair such damage and cause the Rent will xxxxx in whole or in part according Leased Premises to be restored to their condition prior to the portion event causing the damage. If, during the Term of this Lease, the Leased Premises shall be destroyed or damaged to such an extent that the repair of such destruction or damage and the restoration of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualty, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Leased Premises cannot be restored accomplished, with reasonable diligence, within 6 months of such one hundred eighty (180) days after destruction or damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice Lessee shall promptly notify Lessor in writing of such decision fact within forty-five (45) days after the date of such destruction or damage, and within 30 Lessee shall thereafter have the right, during a period of thirty (30) days thereafter either the Landlord or Tenant may elect following such notification, to terminate this Lease by written notice to the Lessor, declaring this Lease to be terminated provided, however, that, as a condition precedent to such termination, all proceeds of insurance required to be maintained by Lessee under Article 11.1 shall be paid to Lessor, or, if Lessee fails to maintain the insurance required to be maintained by Lessee under Article 11.1, an amount equal to the insurance proceeds which would have been available but for such failure shall be paid by Lessee to Lessor. Unless such notice of immediate termination shall be given within such 30-day period and proceeds of insurance are paid to Lessor, this Lease shall continue in writingfull force and effect and Lessee shall promptly repair such destruction or damage and cause the Leased Premises to be restored to their condition prior to the event causing the destruction or damage. In the event the Leased Premises are destroyed or damaged, or partially destroyed or damaged, the Term will expire forthwith, and the Tenant will vacate the Premises and surrender the same monthly rent payable by Lessee shall be abated proportionately according to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored within six months from the time floor area of the fire Leased Premises which is useable by Lessee. Such abatement shall continue for the period commencing with such damage or other casualty causing destruction and ending when Lessee completes repair work or reconstruction, provided Lessee diligently commences and expeditiously completes the damage (subject repair work or reconstruction. 14.2 Lessee shall make the repairs, restoration or rebuilding as expeditiously as possible in accordance with plans and specifications submitted to such time period being extended and approved in writing by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its optionLessor and in compliance with all applicable laws, to be exercised within 10 days of the termination of said period of six months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following the fire or casualtyregulations and codes.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If If, during the Premises term of this lease, or any renewal or extension thereof the demised premises are damaged or destroyed by casualty including, but not limited to, fire or other casualty or if the Building is so damaged thereby restricting the use of the Premises then the Rent will xxxxx in whole or in part according to the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualty, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Premises cannot be restored within 6 months of such damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice in writing of such decision and within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by notice in writing, the Term will expire forthwithearthquake, and the Tenant will vacate damage is so extensive that the Premises ordinary business of Lessees cannot reasonably be conducted therein, and surrender the same to the Landlord. If the Landlord does such damage cannot give notice as aforesaid and the Premises or the Building, as the case may be, are not restored with reasonable diligence be repaired within six months 120 days from the time happening of such casualty, then at the fire option of either Lessor or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its optionLessees, to be exercised within 10 thirty (30) days of after the termination of said period of six months (or the termination happening of such later period as extended hereby) by notice in writingcasualty, this lease shall cease and terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following date of such casualty, and Lessees shall forthwith vacate and surrender said premises. If (1) neither Lessor nor Lessees shall elect to terminate this lease, or (2) the fire demised premises are so damaged by such casualty that the ordinary business of the Lessees cannot reasonably be conducted therein, but such damage can, with reasonable diligence be repaired within 120 days, then Lessor shall, with all reasonable diligence, unless prevented by strikes, lockouts or other labor disturbances or inability to obtain materials, repair and restore said premises, and no rent shall accrue or be payable during or for the period from the date of such casualty to the date when said premises shall have been repaired and restored. If the demised premises are so slightly damaged by such casualty that the ordinary business of Lessees can reasonably be conducted therein, then Lessor shall with all reasonable diligence, unless prevented by strikes, lockouts or other labor disturbances or inability to obtain materials, repair and restore said premises, and there shall be no allowance or deduction from the rent herein provided on account of such damage. Lessees shall promptly notify Lessor in the event the demised premises are so damaged by such casualty. Lessor's only responsibility shall be to make repairs if and as herein agreed to be made, and nothing in this lease is intended to or shall be construed to make Lessor liable for any damage due to such casualty.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If during the Premises are term of this Agreement the Access Area is damaged by fire fire, flood, windstorm, strikes, riots, civil commotions, acts of public enemy, acts of God, or other casualty so that the same are rendered wholly unfit for the Access Activities, and if said Access Area cannot be repaired within sixty (60) days from the time of such damage, or in some other reasonable time period agreed to by the parties, then this Agreement, at the option of CPC, may be terminated as of the date of such damage. In the event CPC elects to terminate the Agreement, CPC shall pay the Access Fee, apportioned to the time of such damage, and shall immediately surrender the Access Area to CPI and CPC shall be relieved from any further liability hereunder. If CPC does not elect to terminate this Agreement or if the Building is so damaged thereby restricting the use any damage by any of the Premises then above casualties, rendering the Rent will xxxxx in whole Access Area wholly unfit, can be repaired within sixty (60) days thereafter, or in part according some other reasonable time period agreed to by the parties, CPI agrees to repair such damage promptly and this Agreement shall not be affected in any manner except that the Access Fee shall be suspended and shall not accrue from the date of such damage until such repairs have been completed; however, CPC shall continue to pay any portion of the Access Fee which is based upon actual costs which continue to be incurred prior to completion of the repairs. If said Access Area shall be so slightly damaged by any of the above casualties as not to be rendered wholly unfit for occupancy, CPI shall repair the Access Area promptly and during the period from the date of such damage until the repairs are completed, the Access Fee shall be apportioned so that CPC shall pay an amount which bears the same ratio to the entire Access Fee as the portion of the Premises Access Area which is non-usable by the Tenant until such damage is repaired and the Tenant CPC is able to operate utilize without disturbance during the period bears to the entire Access Area. If the damage by any of the above casualties is so slight that CPC is not disturbed in its business therefrom. 13.2 Except as provided Access Activities, then same shall be promptly repaired by CPI and in Section 12.3 if the Premises is damaged by fire or other casualtythat case, the Access Fee accrued or accruing shall not abate. CPI's obligations to repair damages under this Xxxxxon shall be limited to the Premises will be repaired dollar amount of any insurance proceeds which are actually received by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant CPI specifically as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part damage to or destruction of the Landlord on account Access Area buildings or portions of labour troubles or any other cause beyond the Landlord’s control. 13.3 If Access Area for which CPI has maintenance obligations under this Agreement; however, if CPI insures the Premises are rendered untenantable by fire or other casualty buildings in the Access Area for less than reasonable replacement cost, CPI shall be required to repair damages and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Premises cannot be restored within 6 months of such damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give rebuild under this paragraph to the Tenant a notice in writing replacement cost of such decision and within 30 days thereafter either the Landlord buildings, minus any environmental remediation of or Tenant may elect to terminate this Lease by notice in writing, the Term will expire forthwith, and the Tenant will vacate the Premises and surrender the same to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored within six months debris removal from the time of the fire or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its option, to be exercised within 10 days of the termination of said period of six months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability Access Area specifically required for Rent will cease as of the day following the fire or casualtyrebuilding.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 Without prejudice to paragraph 9 of this Contract, in case the leased premises/permanent improvements placed on the premises shall be partially damaged or destroyed, by any cause not covered by insurance, LESSEE shall immediately repair, restore or reconstruct or cause to be repaired, restored or reconstructed said damage or destroyed improvements to the condition thereof immediately prior to such damage or destruction. The failure of the LESSEE to complete the repair, reconstruction or restoration to its original condition within thirty (30) calendar days from the occurrence of the loss/damage shall be a material breach which will entitle the LESSOR to terminate this lease, unless the LESSOR grants an extension. If the Premises are damage is so extensive as to amount virtually to the total destruction of the premises or the permanent improvements, the lease will be deemed terminated after occurrence of the casualty and the rent shall be apportioned to the time of the damage. Notwithstanding the above provisions, if the premises or the building is damaged by fire or other casualty due to the fault or if the Building is so damaged thereby restricting the use negligence of the Premises then LESSEE or its servants, employees, agents, visitors or licensees, then, without prejudice to any other rights, remedies or cause of action the Rent will xxxxx in whole or in part according to LESSOR may have against the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualtyLESSEE, the damages to the Premises will damage shall be repaired by the Landlord at its expense except that repairs to alterations LESSEE or improvements made by the Tenant at its expense will be performed by the Landlord LESSOR at the LESSEE’s expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not LESSEE shall be liable to pay the Tenant for any loss or damage suffered by rent. In the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged event that the Landlord will decide not to restore it leased premises are totally destroyed or it is determined by the Landlord, acting reasonably, that the Building or the Premises cannot be restored within 6 months used for the purposes of such damagethe LESSEE or rendered uninhabitable by fortuitous event, then in any of such eventsas determined jointly by the LESSOR and LESSEE, whether insured against or not, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice in writing of such decision lease shall be terminated and within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by notice in writing, the Term will expire forthwithextinguished, and the Tenant will vacate LESSEE’s obligation to pay further rentals shall likewise be deemed extinguished. In which case, the Premises Security Deposit and surrender the same unused Advance Rent, if any, shall not be forfeited and shall be returned by the LESSOR to the LandlordLESSEE within thirty (30) days’ from the joint- determination by the LESSOR and the LESSEE that the lease has been extinguished. If the Landlord does not give notice as aforesaid and the Premises or the Buildingdestruction is partial, as determined jointly by the case LESSOR and LESSEE, LESSEE may be, are not restored within six months from the time choose between a proportional reduction of the fire rent or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part rescission of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its option, to be exercised within 10 days of the termination of said period of six months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following the fire or casualtylease.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 In the event of a partial ------------------------------------ destruction of the premises from any cause covered by Lessor's standard fire and extended coverage insurance, Lessor shall forthwith repair the premises provided the cost of repair does not exceed said insurance proceeds and such repairs can be made within sixty (60) days under the laws and regulations of state, county and/or municipal authorities, but such partial destruction shall in no way annul or void this lease, except that Lessee shall be entitled to a proportionate reduction of base monthly rental and additional rental while such repairs are being made; such proportionate reduction to be based upon the extent to which the making of such repairs interferes with the business carried on by the Lessee in said premises. If the Premises are damaged such partial destruction was caused by fire or other casualty any risk not covered by Lessor's insurance or if the Building is so damaged thereby restricting cost of repair exceeds the use of the Premises then the Rent will xxxxx in whole or in part according to the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualtyinsurance proceeds payable, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Premises such repairs cannot be restored made within 6 months of sixty (60) days, Lessor may, at its option, make such damage, then in any of such eventsrepairs, the Landlord willrent shall be abated as provided above, within 45 days after such fire and the lease shall remain in full force and effect. If the Lessor does not elect to make repairs which it is not obligated to make, this lease may be terminated by Lessor or other casualty, give Lessee. In the event the building in which the demised premises are situated is destroyed to the Tenant a notice in writing extent of such decision and within 30 days thereafter either not less than fifty percent (50%) of the Landlord or Tenant replacement cost thereof, Lessor may elect to terminate this Lease by notice lease, whether the demised premises are injured or not and without liability to the Lessee. A total destruction of the building in writingwhich the said premises may be situated, shall terminate this lease. The provisions of subdivision 2 of Section 1932 of the Term will expire forthwithCalifornia Civil Code, and of Subdivision 4 of Section 1933 of that Code, shall not apply to this lease, and Lessee waives the Tenant will vacate the Premises and surrender the same benefits of such provisions. Notwithstanding anything to the Landlord. If contrary in this lease, Lessee shall have the Landlord does option to terminate this lease in the event either of the following occurs: (i) the premises cannot give notice as aforesaid and the Premises be or the Building, as the case may be, are not in fact fully repaired by Lessor within nine (9) months after the date of any damage or destruction not caused by the negligence or intentional misconduct of Lessee, Lessee's agents, employees or invitees or (ii) if the premises are damaged by any peril within twelve (12) months of the last day of the lease term and cannot or are not in fact substantially restored within six (6) months from after the time date of the fire or other casualty causing the such damage, provided such damage (subject to such time period being extended was not caused by the length negligence or intentional misconduct of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles Lessee, Lessee's agents, employees or any other cause beyond the Landlord’s control) the Tenant may at its option, to be exercised within 10 days of the termination of said period of six months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following the fire or casualtyinvitees.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If, during the Lease Term, there is an insured partial destruction of the Premises of less than fifty (50%) percent of their actual replacement cost at the time of destruction, and if at least six (6) months remain of the Lease Term, then Landlord shall forthwith repair the Premises unless prohibited by law, regulation, or ordinance. If Landlord repairs the Premises, then the destruction shall not terminate this Lease or reduce Tenant’s obligations hereunder except that Tenant shall be entitled to a proportionate reduction of Base Rent and Additional Rent while the Premises are damaged by fire or other casualty or if the Building is so damaged thereby restricting the use of the Premises then the Rent will xxxxx in whole or in part according to the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualty, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise unusable by reason of adjustment of insurance on the part destruction. If, during the Lease Term, there is an insured total destruction of the Landlord on account Premises, or an insured partial destruction of labour troubles fifty (50%) percent or any other cause beyond more of their actual replacement cost at the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same time of destruction, or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Premises repairs cannot be restored within 6 months of such damagemade under then-existing laws, regulations, and ordinances, then in any Landlord may elect either to repair the Premises or to terminate the Lease as of such events, the date of the destruction. If Landlord will, does not elect within 45 thirty (30) days after such fire or other casualtythe date of destruction to promptly repair the Premises, give to the Tenant a notice in writing of such decision and within 30 days thereafter either the Landlord or then Tenant may elect to terminate this the Lease by notice in writingnotifying Landlord of Tenant’s election to terminate. If, during the Term will expire forthwithlast six (6) months of the Lease Term, and the Tenant will vacate there is an insured partial destruction of the Premises and surrender of less than fifty (50%) percent of their actual replacement cost at the same time of destruction, then Landlord shall within thirty (30) days either elect to the Landlord. If the Landlord does not give notice as aforesaid and repair the Premises or to terminate the Building, Lease as the case may be, are not restored within six months from the time of the fire date of destruction. If Landlord elects to repair the Premises, then the destruction shall not terminate this Lease or other casualty causing reduce Tenant’s obligations hereunder except that Tenant shall be entitled to proportionate reduction of Rent and Additional Rent while the damage (subject to such time period being extended by the length of any reasonable delay which may arise Premises are unusable by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its option, to be exercised within 10 days of the termination of said period of six months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following the fire or casualtydestruction.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If 14.1 If, during the Term of this Lease, the Leased Premises are shall be damaged by fire or other casualty or if to such an extent that the Building is so damaged thereby restricting repair of such damage and the use restoration of the Leased Premises then can be accomplished, with reasonable diligence, within one hundred eighty (180) days after such damage, Lessee shall promptly repair such damage and cause the Rent will xxxxx in whole or in part according Leased Premises to be restored to their condition prior to the portion event causing the damage. If, during the Term of this Lease, the Leased Premises shall be destroyed or damaged to such an extent that the repair of such destruction or damage and the restoration of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualty, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Leased Premises cannot be restored accomplished, with reasonable diligence, within 6 months of such one hundred eighty (180) days after destruction or damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice Lessee shall promptly notify Lessor in writing of such decision fact within forty-five (45) days after the date of such destruction or damage, and within 30 Lessee shall thereafter have the right, during a period of thirty (30) days thereafter either the Landlord or Tenant may elect following such notification, to terminate this Lease by written notice to the Lessor, declaring this Lease to be terminated provided, however, that, as a condition precedent to such termination, all proceeds of insurance required to be maintained by Lessee under Article 11.1 shall be paid to Lessor, or, if Lessee fails to maintain the insurance required to be maintained by Lessee under Article 11.1, an amount equal to the insurance proceeds which would have been available but for such failure shall be paid by Lessee to Lessor. Unless such notice of immediate termination shall be given within such 30-day period and proceeds of insurance are paid to Lessor, this Lease shall continue in writingfull force and effect and Lessee shall promptly repair such destruction or damage and cause the Leased Premises to be restored to their condition prior to the event causing the destruction or damage. In the event the Leased Premises are destroyed or damaged, or partially destroyed or damaged, the Term will expire forthwith, and the Tenant will vacate the Premises and surrender the same monthly rent payable by Xxxxxx shall be abated proportionately according to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored within six months from the time floor area of the fire Leased Premises which is useable by Lessee. Such abatement shall continue for the period commencing with such damage or other casualty causing destruction and ending when Lessee completes repair work or reconstruction, provided Lessee diligently commences and expeditiously completes the damage (subject repair work or reconstruction. 14.2 Lessee shall make the repairs, restoration or rebuilding as expeditiously as possible in accordance with plans and specifications submitted to such time period being extended and approved in writing by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its optionLessor and in compliance with all applicable laws, to be exercised within 10 days of the termination of said period of six months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following the fire or casualtyregulations and codes.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If the Premises are shall be damaged by fire or other casualty rendered totally or if the Building is so damaged thereby restricting the use of the Premises then the Rent will xxxxx in whole or in part according to the portion of the Premises which is nonpartially un-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged tenantable by fire or other casualty, the damages Lessee shall, within thirty (30) days from the date of said damage or destruction, commence to repair or replace said improvements, according to the Premises will be repaired by original plans and specifications so that the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant Lessee may continue with occupancy and the Tenant will at its own expense make all repairs and replacements of property which same shall be completed within one hundred eighty (180) days thereafter. Provided, however, in the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If event the Premises are rendered untenantable shall be totally destroyed by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Premises cannot be restored within 6 months of such damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give the Lessee shall have the option not to rebuild the Tenant a notice in writing of such decision Premises and within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by be giving written notice in writingto Lessor of its election to so terminate, such notice to be given within thirty (30) days after the Term will expire forthwith, and occurrence of such damage or destruction. Lessee's obligation to pay for the Tenant will vacate cost of rebuilding or repairing any such damage or destruction to the improvements located at the Premises and surrender the same shall be limited to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored within six months from the time of the fire or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise insurance monies payable by reason of adjustment such damage or destruction. Provided, however, if the cost of insurance on repairing or replacing said improvements exceed the part amount of the Landlord on account insurance proceeds as the result of labour troubles Tenant's desire to construct a building at the Premises which exceeds that which was located at the Premises prior to such casualty, it shall be Lessee's responsibility to pay all additional monies necessary for such repairs or any other cause beyond replacements. However, it is further agreed that the Landlord’s control) the Tenant may at its option, rent herein required to be exercised within 10 days of the termination of paid shall abatx xxxing said period of six months (untenantability or if the termination of such later period as extended hereby) by notice improvements shall be damaged but not rendered untenantable thereby, the rental shall abatx xx an amount proportionate to the decrease in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as utility of the day following Premises. It is agreed by the fire parties that if the building cannot be replaced or casualty.repaired within one hundred eighty (180) 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

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If In the event of a partial destruction of the Premises from any cause covered by Landlord's standard fire and extended coverage insurance, Landlord shall immediately repair such destruction, provided the cost of repair does not exceed the insurance proceeds and such repairs can be made within ninety (90) days, but such partial destruction shall in no way annul or void this Lease, and Tenant shall not be entitled to a proportionate reduction of rent while such repairs are damaged being made. If such partial destruction was caused by fire or other casualty any risk not covered by Landlord's insurance, or if the Building is so damaged thereby restricting cost of repair exceeds the use of the Premises then the Rent will xxxxx in whole or in part according to the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualtyinsurance proceeds payable, the damages to the Premises will be repaired by the Landlord may, at its expense except that option, make such repairs, provided the repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will can be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Premises cannot be restored within 6 months of such damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice in writing of such decision and within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by notice in writing, the Term will expire forthwithninety (90) days, and the Tenant will vacate the Premises Lease shall remain in full force and surrender the same to the Landlordeffect. If the Landlord does not give notice as aforesaid elect to make repairs it is not obligated to make, or if such repairs cannot be made within ninety (90) days, or if such repairs cannot be made under law, this Lease may be terminated at the option of either party. In the event the Building is destroyed to the extent of not less than thirty-three and one-third percent (33 1/3%) of the replacement cost of it, Landlord may elect to terminate this Lease, whether the Premises are injured or not and without liability to Tenant. A total destruction of the Premises, or of the Building, as shall terminate this Lease. In no event shall Landlord be obligated to repair or replace any property which Tenant is obligated to insure under Article XVI(B). In the case may beevent of any dispute between Landlord and Tenant relative to the provisions of this section, are not restored within six months they shall submit their dispute to arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of New Jersey. New Jersey law shall apply. A written decision is to be required and requested from the time Arbitrator by both parties. The arbitration shall be final and binding upon both Landlord and Tenant. If the American Arbitration Association and/or the Arbitrator refuses to provide the parties with a written opinion then this clause requiring Arbitration shall be void and of the fire or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its option, to be exercised within 10 days of the termination of said period of six months (or the termination no force and effect. The cost of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the arbitration shall be borne equally between Landlord and Tenant’s liability for Rent will cease as of the day following the fire or casualty.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 12.1 If the Premises are damaged by fire or other casualty or if the Building building is so damaged thereby restricting the use of the Premises then the Rent rent will xxxxx in whole or in part according to the portion of the Premises which is non-usable by the Tenant Lessee until such damage is repaired and the Tenant Lessee is able to operate its business therefrom. 13.2 12.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualty, the damages Lessor shall, in its capacity as the owner of the Premises, use all reasonable efforts to cause the Strata Corporation to commence diligently and thereafter to continue diligently to repair the Premises so as to restore the Premises to a tenantable condition to the Premises will be repaired by extent of the Landlord at its expense except that repairs to Strata Corporation's repair obligations under the B.C. Strata Property Act and the Lessee shall repair all alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant Lessee and the Tenant will at its own expense make all repairs and replacements of property which the Tenant Lessee is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord The Lessor will not be liable to the Tenant Lessee for any loss or damage suffered by the Tenant Lessee as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord Lessor or the Strata Corporation or on account of labour troubles or any other cause beyond the Landlord’s Lessor's control. 13.3 12.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord Lessor decides not to restore the same or if the Building building is so damaged that the Landlord Lessor will decide not to restore it then or it is determined by the Landlord, acting reasonably, that the Building or the Premises cannot be restored within 6 months of such damage, then in any of such events, events the Landlord will, Lessor will within 45 90 days after such fire or other casualty, casualty give to the Tenant Lessee a notice in writing of such decision and within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by notice in writing, thereupon the Term will expire forthwith, forthwith and the Tenant Lessee will vacate the Premises and surrender the same to the LandlordLessor. If the Landlord Premises are rendered untenantable as aforesaid, then if the Premises or the building is damaged and the Lessor does not give notice as aforesaid and aforesaid, then if the Premises or the Buildingbuilding, as the case may be, are not restored within six nine months from the time of the fire or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord Lessor or Strata Corporation or on account of labour troubles or any other cause beyond the Landlord’s Lessor's control) the Tenant Lessee may at its option, to be exercised within 10 days of the termination of said period of six nine months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause clause, the Tenant’s Lessee's liability for Rent rent will cease as of the day following the fire or casualty.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If 14.01 If, during the Term or Renewal Term of this Lease, the Leased Premises are shall be damaged by fire or other casualty or if to such an extent that the Building is so damaged thereby restricting repair of such damage and the use restoration of the Leased Premises then can be accomplished, with reasonable diligence, within one hundred twenty (120) days after such damage, Lessee shall promptly repair such damage and cause the Rent will xxxxx in whole or in part according Leased Premises to be restored to their condition prior to the portion event causing the damage. If, during the Term or Renewal Term of this Lease, the Leased Premises shall be destroyed or damaged, or partially destroyed or damaged, to such an extent that the repair of such destruction or damage and the restoration of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualty, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Leased Premises cannot be restored accomplished, with reasonable diligence, within 6 months of such one hundred twenty (120) days after destruction or damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice Lessee shall promptly notify Lessor in writing of such decision fact within forty-five (45) days after the date of such destruction or damage, and within 30 Lessee shall thereafter have the right, during a period of thirty (30) days thereafter either the Landlord or Tenant may elect following such notification, to terminate this Lease by written notice to the Lessor, declaring this Lease to be terminated provided, however, that, as a condition precedent to such termination, all proceeds of insurance required to be maintained by Lessee under Article 12.01, an amount equal to the insurance proceeds which would have been available but for such failure shall be paid by Lessee to Lessor. Unless such notice of immediate termination shall be given within such 30-day period, this Lease shall continue in writingfull force and effect and Lessee shall promptly repair such destruction or damage and cause the Leased Premises to be restored to its condition prior to the event causing the destruction or damage. In the event the Leased Premises are destroyed or damaged, or partially destroyed or damaged, the Term will expire forthwith, and the Tenant will vacate the Premises and surrender the same monthly rent payable by Lessee shall be abated proportionately according to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored within six months from the time floor area of the fire Leased Premises which is useable by Lessee, provided that if there is damage to the Leased Premises which results in Tenant being unable to use the Leased Premises for ordinary business operations, even if such damage is not to the entire Leased Premises, monthly Rent shall be completely abated. Such abatement shall continue for the period commencing with such damage or other casualty causing destruction and ending when Lessee completes repair work or reconstruction, provided Lessee diligently commences and expeditiously completes the repair work or reconstruction. In the event the taxiway(s) and/or runway(s) are damaged or destroyed or rendered inaccessible to the extent that Lessee is not able to perform ordinary business operations at the Leased Premises, the monthly rent payable by Lessee shall be abated for the period commencing with such damage or destruction and ending when the taxiway(s) and/or runway(s) are repaired and accessible to Lessee such that Lessee can resume ordinary business operations. 14.02 Lessee shall make the repairs, restoration or rebuilding as expeditiously as reasonably possible in accordance with plans and specification submitted to and approved in writing (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its option, approval not to be exercised within 10 days of the termination of said period of six months (unreasonably withheld, conditioned, or the termination of such later period as extended herebydelayed) by notice Lessor and in writingcompliance with all applicable laws, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following the fire or casualtyregulations and codes.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 17.1 If the Premises are damaged by fire or other casualty or if the Building is so damaged thereby restricting the use of the Premises then the Rent will xxxxx abate in whole or in part according xxxording to the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 17.2 Except as provided in Section 12.3 17.3 if the Premises is damaged by fire or other casualty, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord Tenant at the expense of the Tenant (except if covered by the Landlord's insurance) and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.313.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s 's control. 13.3 17.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonablydamaged, that the Building or the Premises cannot be restored within 6 six months of such damage, then in any of such events, the Landlord willmay elect not to restore the same, within 45 days after such fire or other casualty, give to by giving the Tenant a notice in writing of such decision and within decision. Within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by notice in writing, the Term will expire forthwith, writing and the Tenant will forthwith vacate the Premises and surrender the same to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored within six months from the time of the fire or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord Landlord, on account of labour troubles or any other cause beyond the Landlord’s 's control) the Tenant may at its option, to be exercised within 10 days of the termination expiry of said period of six months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s 's liability for Rent will cease as of the day following the fire or casualty.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If In the event of a partial destruction of the Premises from any cause covered by Landlord's standard fire and extended coverage insurance, Landlord shall immediately repair such destruction, provided the cost of repair does not exceed the insurance proceeds and such repairs can be made within ninety (90) days, but such partial destruction shall in no way annul or void this Lease, and Tenant shall not be entitled to a proportionate reduction of rent while such repairs are damaged being made. If such partial destruction was caused by fire or other casualty any risk not covered by Landlord's insurance, or if the Building is so damaged thereby restricting cost of repair exceeds the use of the Premises then the Rent will xxxxx in whole or in part according to the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualtyinsurance proceeds payable, the damages to the Premises will be repaired by the Landlord may, at its expense except that option, make such repairs, provided the repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will can be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Premises cannot be restored within 6 months of such damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice in writing of such decision and within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by notice in writing, the Term will expire forthwithninety (90) days, and the Tenant will vacate the Premises Lease shall remain in full force and surrender the same to the Landlordeffect. If the Landlord does not give notice as aforesaid elect to make repairs it is not obligated to make, or if such repairs cannot be made within ninety (90) days, or if such repairs cannot be made under law, this Lease may be terminated at the option of either party. In the event the building is destroyed to the extent of not less than thirty-three and one-third percent (33 1/3%) of the replacement cost of it, Landlord may elect to terminate this Lease, whether the Premises are injured or not and without liability to Tenant. A total destruction of the BuildingPremises, as or of the case may bebuilding, are not restored within six months shall terminate this Lease. In the event of any dispute between Landlord and Tenant relative to the provisions of this section, they shall submit their dispute to arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of New Jersey. New Jersey law shall apply. A written decision is to be required and requested from the time Arbitrator by both parties. The arbitration shall be final and binding upon both Landlord and Tenant. If the American Arbitration Association and/or the Arbitrator refuses to provide the parties with a written opinion then this clause requiring Arbitration shall be void and of the fire or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its option, to be exercised within 10 days of the termination of said period of six months (or the termination no force and effect. The cost of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the arbitration shall be borne equally between Landlord and Tenant’s liability for Rent will cease as of the day following the fire or casualty.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If the Premises are damaged by fire or other casualty or if the Building is so damaged thereby restricting the use of the Premises then the Rent will xxxxx in whole or in part according to the portion of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualty, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s 's control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Premises cannot be restored within 6 six (6) months of such damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice in writing of such decision and within 30 days thereafter either the Landlord or Tenant may elect to terminate this Lease by notice in writing, the Term will expire forthwith, and the Tenant will vacate the Premises and surrender the same to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored within six (6) months from the time of the fire or other casualty causing the damage (subject to such time period being extended by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s 's control) the Tenant may at its option, to be exercised within 10 ten (10) days of the termination of said period of six (6) months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s 's liability for Rent will cease as of the day following the fire or casualty.

DAMAGE TO OR DESTRUCTION OF PREMISES. 13.1 If 14.01 If, during the Term of this Lease, the Leased Premises are shall be damaged by fire or other casualty or if to such an extent that the Building is so damaged thereby restricting repair of such damage and the use restoration of the Leased Premises then can be accomplished, with reasonable diligence, within one hundred eighty (180) days after such damage, Lessee shall promptly repair such damage and cause the Rent will xxxxx in whole or in part according Leased Premises to be restored to their condition prior to the portion event causing the damage. If, during the Term of this Lease, the Leased Premises shall be destroyed or damaged to such an extent that the repair of such destruction or damage and the restoration of the Premises which is non-usable by the Tenant until such damage is repaired and the Tenant is able to operate its business therefrom. 13.2 Except as provided in Section 12.3 if the Premises is damaged by fire or other casualty, the damages to the Premises will be repaired by the Landlord at its expense except that repairs to alterations or improvements made by the Tenant at its expense will be performed by the Landlord at the expense of the Tenant and the Tenant will at its own expense make all repairs and replacements of property which the Tenant is entitled to remove pursuant to Section 8.3. All repairs which the Landlord is required to make hereunder will be made with due diligence provided that the Landlord will not be liable to the Tenant for any loss or damage suffered by the Tenant as a result of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control. 13.3 If the Premises are rendered untenantable by fire or other casualty and if the Landlord decides not to restore the same or if the Building is so damaged that the Landlord will decide not to restore it or it is determined by the Landlord, acting reasonably, that the Building or the Leased Premises cannot be restored accomplished, with reasonable diligence, within 6 months of such one hundred eighty (180) days after destruction or damage, then in any of such events, the Landlord will, within 45 days after such fire or other casualty, give to the Tenant a notice Lessee shall promptly notify Lessor in writing of such decision fact within forty-five (45) days after the date of such destruction or damage, and within 30 Lessee shall thereafter have the right, during a period of thirty (30) days thereafter either the Landlord or Tenant may elect following such notification, to terminate this Lease by written notice to the Lessor, declaring this Lease to be terminated provided, however, that, as a condition precedent to such termination, all proceeds of insurance required to be maintained by Lessee under Article 11.01 shall be paid to Lessor, or, if Lessee fails to maintain the insurance required to be maintained by Lessee under Article 11.01, an amount equal to the insurance proceeds which would have been available but for such failure shall be paid by Lessee to Lessor. Unless such notice of immediate termination shall be given within such 30-day period and proceeds of insurance are paid to Lessor, this Lease shall continue in writingfull force and effect and Lessee shall promptly repair such destruction or damage and cause the Leased Premises to be restored to their condition prior to the event causing the destruction or damage. In the event the Leased Premises are destroyed or damaged, or partially destroyed or damaged, the Term will expire forthwith, and the Tenant will vacate the Premises and surrender the same monthly rent payable by Lessee shall be abated proportionately according to the Landlord. If the Landlord does not give notice as aforesaid and the Premises or the Building, as the case may be, are not restored within six months from the time floor area of the fire Leased Premises which is useable by Lessee. Such abatement shall continue for the period commencing with such damage or other casualty causing destruction and ending when Lessee completes repair work or reconstruction, provided Lessee diligently commences and expeditiously completes the damage (subject repair work or reconstruction. 14.02 Lessee shall make the repairs, restoration or rebuilding as expeditiously as possible in accordance with plans and specifications submitted to such time period being extended and approved in writing by the length of any reasonable delay which may arise by reason of adjustment of insurance on the part of the Landlord on account of labour troubles or any other cause beyond the Landlord’s control) the Tenant may at its optionLessor and in compliance with all applicable laws, to be exercised within 10 days of the termination of said period of six months (or the termination of such later period as extended hereby) by notice in writing, terminate this Lease forthwith. Upon the termination of this Lease under the conditions provided in this clause the Tenant’s liability for Rent will cease as of the day following the fire or casualtyregulations and codes.